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City Council Packet - 03/12/2002
CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING ARCM 12, 2002 COUNCIL MEETING WILL B TELEVISED HM EAN N IE%DOCS%CCPKT 1 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ts~ ~ MAR CITY OF TIGARD YFra OREGON .e c},~am 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). SEE ATTACHED AGENDA COUNCIL AGENDA -MARCH 12, 2002 page 1 AGENDA TIGARD CITY COUNCIL MEETING MARCH 12, 2002 6:30 PM • STUDY SESSION > DISCUSSION AND REVIEW OF COMMUNITY EVENTS FUNDING REQUESTS > DISCUSSION OF OPTIONS FOR COOK PARK CONCESSIONS • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8z Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications at Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) • Tigard High School Student Envoy Nathan Leamy 7:40 PM 3. PROCLAMATIONS: a. National Community Development Week, April 1 -7, 2002 b. Declaring Tigard High School Marching Band and Tigerette Dance Team as the Official City of Tigard Ambassadors to New York City COUNCIL AGENDA -MARCH 12, 2002 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 for October 15, 2001 and January 14 and 15, 2002 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Revise Resolution No. 00-08, Citywide Personnel Policies, Updating Family and Medical Leave Article No. 55-0 - Resolution No. 02 - 4.4 Adopt a Resolution Authorizing the City Manager to Sign a Dedication Deed Dedicating Additional Rights-of-Way at SW North Dakota Street and SW 115' Avenue, SW Walnut Street and SW Tiedeman Street, and SW Gaarde Street - Resolution No. 02 - 4.5 Adopt a Resolution Approving Year Twelve of the Washington County Wasteshed Waste Reduction Plan and to Adopt an Intergovernmental Agreement with Washington County - Resolution No. 02 - 4.6 Local Contract Review Board a. Award Engineering Services Contracts to Westlake Consultants for 1211 Avenue and to CESNW Consultants for Walnut Street Improvements C 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. PUBLIC HEARING (LEGISLATIVE) TO CONSIDER AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE TO ALLOW FOR MORE FLEXIBILITY PERTAINING TO PARKING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS AND JOINT PARKING THROUGHOUT THE CITY OF TIGARD - (ZOA2001-00003) REQUEST: A request to review and amend the Religious Institution parking requirements within the Tigard Community Development Code to allow for more flexibility. The request revolves around the required seating that is currently imposed on the development of Religious Institutions within the City of Tigard. The current proposal involves three components: a Changing the requirement from one space for every two seats, to one space for every 3-4 seats; COUNCIL AGENDA - MARCH 12, 2002 page 3 e Allowing shared parking to occur up to 500 feet from the property line for all uses; o Allowing some on-street parking to occur where streets are designed and physically improved to accommodate such parking. LOCATION: Citywide. ZONE: N/A APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2 and 2.1.3; and Community Development Code Chapters * 18.380, 18.390 and 18.765. a. Open Public Hearing b. Staff Report: Community Development Department C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Ordinance No. 02 - 8:05 PM 6. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 21 - ERROL AND FONNER STREETS a. Open Public Hearing b. Summation by Engineering Department C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Consideration by Council: Resolution No. 02 - 8:20 PM 7. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 22 - HOWARD DRIVE a. Open Public Hearing b. Summation by Engineering Department C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Consideration by Council: Resolution No. 02 - 8:30 PM 8. UPDATE ON COOK PARK MASTER PLAN EXPANSION PHASE 11 a. Staff Report: Public Works Staff b. Council Discussion COUNCIL AGENDA -MARCH 12, 2002 page 4 8:50 PM 9. DISCUSSION OF OPTIONS TO PAY ADDITIONAL CITY COSTS FOR THE 69TH AVENUE LOCAL IMPROVEMENT DISTRICT (LID) a. Staff Report: Engineering Staff b. Council Discussion C. Council Direction: Which funding option should staff pursue to cover the additional costs associated with the 691 Avenue LID? 9:00 PM 10. CONSIDER AN ORDINANCE AMENDING CHAPTER 10.25 OF THE TIGARD MUNICIPAL CODE PERTAINING TO PARKING a. Staff Report: Engineering Staff b. Council Discussion C. Council Consideration: Ordinance No. 02 - 9:10 PM 11. COUNCIL DISCUSSION OF OPTIONS REGARDING MUR-2 ZONING ISSUES RAISED DURING THE WASHINGTON SQUARE REGIONAL PLAN IMPLEMENTATION PUBLIC HEARING 9:40 PM 12. COUNCIL LIAISON REPORTS 9:45 PM 13. NON AGENDA ITEMS 9:50 PM 14. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10:00 PM 15. ADJOURNMENT COUNCIL AGENDA -MARCH 12, 2002 page 5 4 AGENDA TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW MARCH 12 2®®2 The Study Session Is held In the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages Interested citizens to attend afl or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, the Council may move the Study Session to the Town Hall. > STUDY SESSION • Discussion and Review of Community Events Funding Requests • Discussion of Options for Cook Park Concessions (Discussion postponed to the March 19, 2002 Council Meeting.) Memo distributed to Council from Ed Wegner. • Administrative Items - Discuss process for distributing Council mall (emalls and "traditional mall") - Library Bond Information (Activities planned for next two months) - City Attorney Information Request (for review of City Attorney on March 26) - Schedule a 20-minute presentation with Washington County Task Force Representatives regarding an event center at the fairgrounds. (April 9 is possible date) Councilor Moore will not be present at the March 19 Council meeting. - City Manager Review - March 26 agenda item. (Memo distributed to Council.) Election Information. 1. Vote-By-Mall Election Trends (Informatlon distributed to Council.) 2. There are conflicting provisions in ORS about the no-sooner-than filing deadline for local candidates. Secretary of State's office has advised that ORS 221.180 prevails for cities that do not have primary elections. This means that Mayor and Council candidates cannot flle sooner than 15 days after the primary election (June 5, 2002). Tigard Municipal Code specified "no-later-than" dates, and this year it is August 5, 5 p.m. for the Mayor and August 26, 4 p.m. for the Council. Mark calendars to note that the Annual Volunteer Recognition Event will be on Thursday, July 18. Tualatin Valley Community Band Is being asked to play music in the Bishop-Scheckla gazebo. Shining Stars Banquet - April 26 at Greenwood Inn. Check for attendance. - Dick Townsend - Retirement Celebration (Information Distributed to Council) • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced Identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. D Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" Is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (1) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660(l) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660(l) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (1) (d) - Labor negotiations. (News media can be excluded In this instance.) 192.660(l) (e) - Real property transaction negotiations. 192.6600) (0- Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-6600) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.6600) (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be Bled. 192.660(l) (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (1) (1) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (1) (k)- Relates to health professional regulatory board. I:\ADNB\CATHY\COUNCIL\CCLIST.DOCI:\ADNRCATW000NCIL►CCLIST.DOC Election Information Trends for Vote-by-Mail Elections as of March 12, 2002 Cathy Wheatley, Tigard City Recorder • Person to contact for voter information is Jeff Doty at Washington County Elections Division: 503-846-5800 • Trends in vote by mail are that people are voting later.. For example, 50% of the November 2001 election ballots were received on the last two days. • Ballots are counted only if placed in a ballot box or received in mail by the Elections Division by 8 p.m. on election day. (Not by postmark.) • Election results are not released until after close of polls (8 p.m. on election day). • Addresses of voters in a jurisdiction can be produced at a cost of .002 cents per name. As of 3/12, there are 22,100 register voters in Tigard. ($44.20 for the list as of 3/12). • Elections Division can run addresses of voters who have voted - or voters who have not voted (however requested). This run will not include telephone numbers. A regular schedule to pick up this information can be set with the Elections Division staff. I understand they may ask for a $25 deposit for copies. • Elections Division will do their best to accommodate requests for information. However, in the days just prior to the election, they may not have time to produce information requested in the turn around times requested. • The filing deadline for registering to vote for the May 21 election is April 30, 2002. The voter registration must be postmarked by April 30. • The County can provide voting information (precinct results). A person can come in to the Elections office and look at the information at no charge (Elections office is 3700 SW Murray Boulevard, Suite 101, Beaverton OR 97005.) Copies can be made for 50 cents for the 1st page and 10 cents for each page thereafter. 11ADM\CATHY\ELECTIONkAAA ELECTION INFORMATION.DOC MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council Members FROM: Bill Monahan DATE: March 12, 2002 SUBJECT: City Manager's Review On January 8,1 distributed to the City Council a schedule of steps to be taken prior to Council review of my performance on April 16, 2002. On January 14, the Council discussed information needed to conduct the review. Council agreed to utilize the criteria which is presently within my Employment Contract. The second step of the review calls for Council to choose the format to be utilized in conducting the review. On Tuesday, March 26, 2002, 1 will ask Council to advise which review form will be used individually by Council to assess my performance. As Council will recall, I provided Council with the City's Supervisory Employee Review form as well as formats used in other Oregon communities. It is my understanding that Council will select from that set of samples. Please let me know if Council requires additional information prior to discussion on March 26. 1:YOW SILLWEMOSWYOR & CC 200MU REVIEW 2002DOC To: Tigard- From: League of Oregon Cities 03/12/02 03:00 PM 01/01 Please join us as we celebrate the retirement of Dick Townsend hxecutive 1 director, I,eague of Oregon Cities City officials, League staff., friends and family will honor Dick -on Friday, April S, 2002 6:30 p.m. to 8:30 p.m. at. the Eml)assy Suites Portland Downtown 319 SW Pinc Street, Portland, (Vegon (503) 279-9000 (between 3"' & O' Streets For directions, see www.orcities.ctg/locldii-ections.ht)rtl) $35.00 per person includes contribution to a special gift for Dick, substantial hors d'oeuvres, non-alcoholic hcvcragcs (cash bar available), and musical entertainment .Please RSVP using the form bulaw. RSVP Forma Dick Townsend Rctircment. Party April 5, 2002, Downtown Portland Names of pc;oplc who will atlcnd (please: grin!): Rcprescnling: Contact name: Phone: Total numher in patty: h/akv checks payable-. to: (u? $35.00 each: x 35.0 U League of 01.08011 Cities 't'otal payment enclosed: S P.0. liox 928, Salem, Oregon 97308 Fax (503) 30)-4863 Phone(503),588-6550 Jim COMMUNITY NEWSPAPERS'' I Legal TT P.O. BOX 370 PHONE (503WW0360 Notice 14 0 0 5 BEAVERTON, OREGON 97075 Legal Notice Advertising t•ity of Tigard ° ❑ Tearsheet Notice 1.3125 SW 11al.1 Blvr1. a ❑ Duplicate Affidavit °figard,Oregon 97223 Accounts Payable w AFFIDAVIT OF Pi STATE OF OREGON. ) : IaAr$®. ! COUNTY OF WASHINGTON, CI''Y, OF 'r ) OREGON . t t....~ v Sny~c~r being first duly sworn, depose and say t Director, or his principal clerk, of theme:The, follown3will be..cansidered by the Turd City Council on a newspaper of general circulation as Tuesday, March 12, Z002,~at 7:30 p.~ht: at tfie Tsgaid Civic Center.- ri and 193.020; published a s .TownHaU1,3125 SW`Heil'$tvd, Ti Ore` on aforesaid county and state; that the „ n i n 20.- l11- 0 Public oral or wntten testunony is uivrted The'pubhc hearing on this matter will Fie held uncicr Title 18 and rules of procedure adoppted by a printed copy of which is hereto annexf the Council and availabte'at City Hall Qr the rules of procedure'set„ entire issue of said newspaper for_~ forth in Section: ,18.390:060E: . Further information may be obtained from the.City of. Tigarii consecutive in the following issues: Planning Division at 13125 SW Hall Blvd:, Tigard; Oregon 97223, or by calling 503=639-4171: rebru a rv 21, 2 0 0 2 -PUBLIC HEARING ITEM: , ZONE ORDINANCE AMENDMENT (ZOA) 2fDiP1-00003 > RELIGIOUS. INSTITUTE PARKING CODE-AM ENDMENT< REQUEST: A request to review and amend the Religious Institution parking. requirements within`°ths Tigard Community, Development 1 Codeto. allow for 'more flexibility. 'The request revolves around the required seating..that, is currently imposed on the development of Subscribed and sworn to before me this Religious institutions within! ' the City of Tigard. The current proposal involves three components: Changing the requirement from one space for every two seats; to one space for every. 3-4 seats; Allowing shared parking to occur. up to 500 feet from the prop- erty line for all uses; My Commission Expires: ® Allowing, some on-street parking to~ occur where . streets are AFFIDAVIT designed and physically improved to accommodate such T LOCATION: Citywide. ZONE: N/A: APPLICABLE REVIEW CRITERIA: Statewide Planning Goals I and 2; Comprehensive Plan 'Tu Policies 1.1.1, 2.1.1, 2.1.2 and 2.1.3; and Community Development 9 • Code Chapters 18.380, 18.390 and 18.765. TT10005 - Publish February 21, 2002. p DMINISTR.A - _ • , _ brief > "traditional e-mdu. • ed that the City Recorder will forward discussion, Distribution it of was Couaceite~ln ail and or and Council to the electronically) a-mails received for the Ma' 'checkla does not have a la e a e-mail address; of the e- place Council. Councilor S therefore, the Clty Recorder will either fax or page 1 CO U1,401. MINUTES - MARCH 12, 2002 OEM IJW* u 51IRW'5esuer'Pua11OH hSellpop't 4$'uolw4s NI W -J8P 1VQV,eN' 904DS wsS-Ott Mnqu-U,t.sllNj 'a POWUppare'4 gave 'l•9'P+etL'orlseOsWN -AgoN'o'JIt *"'9slBuef IV tPU9WBIH 'oeP `Ojo"ON 'pinauewy Jonea. - Ltt ,e 0159S•AQOM '40 - (69) NLLV-lVnL S 8 ` hells (LO) 4'6 uoyenpS '89 Aquao wLL 'OW 'uoyeMlS helsoN Apoo ~0 - e0l (VAN of Jsuuµ+) 96 MKmON '£S snap isawj 9e MIMIC 'L9 PJVOLL l4 eltlnuulWoW '99 upalen. L-e'enap l89J0j'e6aSjmeggnH munsej tj gsj IAgmnt L )PIN '06P 'ullalen. 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T E. , Ca hV ,Il Advertising , n r i MeS rn, depose and say that t am the 1being first duly swo of the-^G~ d in ORS ns 19 103 Director, or his principal clerk, ltuT.~ a nowspaPer of general circulation as efined ubt+shed at n ,1..gi~us Code and t93.020; p thatth~l_00003 parkin aforesaid counnty and state; published in the a printed copy of which is hereto annexe~ was successive and entire issue of said newspaper for consecutive in the following issues: Z1P},r r ► 21 2002 ~aV cs ,Phru'l ry,?.002 Subscribed and sworn to before me this OFFICIAL SEAL ROBIN A BURG-OREGON N ry public for Oregon ! NOTARYPUBLaC OREGON COMMISSION NO. 16, 2006 MY COMMISSION DO'I Commission Expires: my . aHT Agenda Item No. 4. Meeting of 4 a3 y2,, MINUTES TIGARD CITY COUNCIL BUSINESS MEETING March 12, 2002 • STUDY SESSION Meeting was called to order at 6:34 p.m. Council Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla > DISCUSSION AND REVIEW OF COMMUNITY EVENTS FUNDING REQUESTS e Finance Director Prosser and City Manager presented information on this agenda item to the City Council. A March 1, 2002, memorandum to the Mayor and Council from Mr. Prosser on this matter is on file in the City Recorder's office. The Council reviewed each of the requests for Community Event Grants, with the following to be forwarded to the Budget Committee as a recommendation: 1. ART Resources of Tigard - recommended one-half of the amount requested: $3,750. 2. Broadway Rose: $10,000 (sponsorship agreement) 3. Festival of Balloons: $10,000 (sponsorship agreement) 4. Tigard Blast: $5,000 5. Tigard 41 of July: $7,500 (sponsorship agreement) 6. Tigard Graduation Celebration: $750 7. Tigard Recreation Association: -0- 8. Tualatin Riverkeepers: $2,000 plus in-kind services capped at $500 9. Tualatin Valley Community Band: $1,850 > ADMINISTRATIVE ITEMS: e Distribution of Council's e-mail and "traditional e-mail." After brief discussion, it was determined that the City Recorder will forward (electronically) a-mails received for the Mayor and Council to the Council. Councilor Scheckla does not have a home e-mail address; therefore, the City Recorder will either fax or place a copy of the e- COUNCIL MINUTES -MARCH 12, 2002 page 1 mail In his twice-weekly mail packet. All traditional mail Is forwarded to the Council in a packet twice a week (Tuesday and Friday). • Library Bond Information - Library Director Barnes reviewed a March 12, 2002 memorandum regarding Informational publications about the new library. This memorandum contained a staff recommendation regarding the types of publications the City may want to produce. After discussion, consensus of Council was to proceed as recommended by staff. • City Attorney Review - a March 12, 2002, memorandum from Assistant to the City Manager Newton was distributed to the Council. Council will advise the City Manager if additional information is needed. • Council reviewed a request for a 20-minute presentation with the Washington County Task Force representatives regarding an event center at the fairgrounds. Council consensus that this presentation could be scheduled at the May Council workshop meeting. • Councilor Moore advised that he would not be present at the March 19 Council workshop meeting. Study meeting recessed: 7:26 p.m. (Remaining Study Session items were discussed after the Business Meeting) ® EXECUTIVE SESSION: Canceled. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Griffith called the meeting to order at 7:34 p.m. 1.2 Roll Call: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla 1.3 Pledge of Allegiance 1.4 Council Communications St Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA • Tigard High School Student Envoy Nathan Leamy presented a report to the City Council. A copy of his written report is on file in the City Recorder's office. hack Polans, 16000 SW Queen Victoria, referred to recent activities regarding the King City police department. In response to remarks from Mr. Polaris, Councilor Patton explained the activities regarding the regional drinking water COUNCIL MINUTES -MARCH 12, 2002 page 2 study. She advised Mr. Polans that the King City Mayor represents King City at the Intergovernmental Water 11. ard. • Mark Mahon, 113 10 SW 911 Court, Tigard, distributed information about activities to support the proposed new library. He also referred to a website, where information can be obtained about the Citizens for a New Tigard Library: www.meson. 34-47.orQ. 3. PROCLAMATIONS: Mayor Griffith proclaimed the following: a. National Community Development Week, April 1 -7, 2002 b. Declaring Tigard High School Marching Band and Tigerette Dance Team as the Official City of Tigard Ambassadors to New York City 4. CONSENT AGENDA: Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt the Consent Agenda as follows: 4.1 Approve Council Minutes for October 15, 2001 and ]anuary 14 and 15, 2002 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Revise Resolution No. 00.08, Citywide Personnel Policies, Updating Family and Medical Leave Article No. 55-0 - Resolution No. 02 - 14 4.4 Adopt a Resolution Authorizing the City Manager to Sign a Dedication Deed Dedicating Additional Rights-of-Way at SW North Dakota Street and SW 115' Avenue, SW Walnut Street and SW Tiedeman Street, and SW Gaarde Street - Resolution No. 02 - 15 4.5 Adopt a Resolution Approving Year Twelve of the Washington County Wasteshed Waste Reduction Plan and to Adopt an Intergovernmental Agreement with Washington County - Resolution No. 02 - 16 4.6 Local Contract Review Board a. Award Engineering Services Contracts to Westlake Consultants for 121 n Avenue and to CESNW Consultants for Walnut Street Improvements The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes COUNCIL MINUTES - MARCH 12, 2002 page 3 S. PUBLIC HEARING (LEGISLATIVE) TO CONSIDER AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE TO ALLOW FOR MORE FLEXIBILITY PERTAINING TO PARKING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS AND JOINT PARKING THROUGHOUT THE CITY OF TIGARD - (ZOA2001-00003) REQUEST: A request to review and amend the Religious Institution parking requirements within the Tigard Community Development Code to allow for more flexibility. The request revolves around the required seating that is currently Imposed on the development of Religious Institutions within the City of Tigard. The current proposal involves three components: e Changing the requirement from one space for every two seats, to one space for every 3-4 seats; o Allowing shared parking to occur up to 500 feet from the property line for all uses; e Allowing some on-street parking to occur where streets are designed and physically improved to accommodate such parking. LOCATION: Citywide. ZONE: N/A APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2 and 2.1.3; and Community Development Code Chapters 18.380, 18.390 and 18.765. a. Mayor Griffith opened the public hearing. b. Community Development Director introduced this agenda item and Associate Planner Kilby presented the staff report. C. Public Testimony • Father Leslie Sieg, 13665 SW Fern Street, Tigard, advised he is pastor of St. Anthony's Church. Fr. Sieg spoke in favor of the proposed amendments advising this was a good compromise for those who had been concerned about the present requirements. He noted that if the amendments were approved, there would be less pavement required and churches would not have to buy as much property for parking. • Kelly Ford, 13975 SW 271 Street, Beaverton, advised he is an attorney for Westgate Baptist Church. He referred to a study conducted by this church, which indicated the ratio of parking needed was not as great as what was currently being required by Tigard's code. He thanked the staff for their hard work on the proposed amendments and agreed that these amendments were a good compromise. • Jack Polans, 16000 SW Queen Victoria, King City, also spoke in favor of the proposed amendments unless the Police Department or Tualatin Valley Fire 8t Rescue objects. Associate Planner Kilby confirmed that COUNCIL MINUTES -MARCH 12, 2002 page 4 all City departments and area agencies had reviewed the proposed amendments and had opportunity to comment. d. Mayor Griffith closed the public hearing. e. Associate Planner Kilby advised that staff recommended approval of the proposed amendments. f. The matter was discussed briefly by Council. All Council members indicated support of the proposed amendments, with the exception of Councilor Dirksen. Councilor Dirksen advised he would not vote on this matter since his church was considering expansion and he also lived near to a church property. g. Motion by Councilor Patton, seconded by Councilor Scheckla, to adopt Ordinance No. 02-13. ORDINANCE NO. 02-13 - AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE TO ALLOW FOR MORE FLEXIBILITY PERTAINING TO PARKING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS AND JOINT PARKING THROUGHOUT THE CITY OF TIGARD. The motion was approved by a majority vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Abstained Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 6. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 21 - ERROL AND FONNER STREETS a. Mayor Griffith opened the public hearing. b. Project Engineer Greg Berry presented the staff report, which is on file in the City Recorder's office. C. Public Testimony • Tim Brandon, 12555 SW 1121, Tigard, commented that he thinks he understands the function of the reimbursement district. He advised he did not anticipate hooking up to the sewer right away. d. Mayor Griffith closed the public hearing. d. Project Engineer Berry recommended approval of the proposed resolution. e. Council members discussed the project briefly and indicated their support of the proposal brought forward by staff. g. Motion by Councilor Dirksen, seconded by Councilor Patton, to adopt Resolution No. 02-17 COUNCIL MINUTES -MARCH 12, 2002 page 5 L~ mi RESOLUTION NO. 02-17 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 21 (ERROL AND FONNER STREETS) The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 7. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 22 - HOWARD DRIVE a. Mayor Griffith opened the public hearing. b. Project Engineer Greg Berry presented the staff report, which is on file in the City Recorder's office. C. Public Testimony • Richard Sverid, 11880 SW James Court, Tigard received clarification from Mr. Berry about the connection fee, the cost to reimburse the City for construction of the sewer line, and the monthly sewer fee. Robert Niemeyer, 13200 SW Howard Drive, Tigard received clarification from Mr. Berry that he did not have to hook up to the sewer. The County Department of Environmental Services is the agency that determines whether or not a septic system is functioning satisfactorily. Mr. Berry also reviewed the project schedule. ® Casey Savage, 10825 SW Fonner, Tigard, advised he is a resident of the previous sewer reimbursement district considered by Council (Agenda Item No. 6). Mr. Savage received clarification from Mr. Berry that an additional connection could be provided for his property. d. Mayor Griffith closed the public hearing. e. Motion by Councilor Patton, seconded by Councilor Scheckla to adopt Ordinance No. 02-18. ORDINANCE NO. 02-18 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 22 (HOWARD DRIVE) COUNCIL MINUTES -MARCH 12, 2002 page 6 The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 8. UPDATE ON COOK PARK MASTER PLAN EXPANSION PHASE 11 Property Manager Roy presented the staff report and PowerPoint slides, which are on file in the City Recorder's office. Mr. Roy reviewed with Council a map of Cook Park and the facilities included in the expansion. He also responded to a question about the high cost of the restrooms and advised how they would be constructed. The amount stated Is an engineer's estimate. 9. DISCUSSION OF OPTIONS TO PAY ADDITIONAL CITY COSTS FOR THE 691" AVENUE LOCAL IMPROVEMENT DISTRICT (LID) a. City Engineer Duenas presented the staff report, which is on file in the City Recorder's office. b. After discussion, Council members agreed with the staff's recommendation as contained in the February 26, 2002, memorandum from City Engineer Duenas and Finance Director Prosser. Staff will prepare an ordinance to spread the assessments for Council consideration on March 26, 2002. 10. CONSIDER AN ORDINANCE AMENDING CHAPTER 10.28 OF THE TIGARD MUNICIPAL CODE PERTAINING TO PARKING a. City Engineer Duenas presented the staff report, which is on file in the City Recorder's office. b. Motion by Councilor Dirksen, seconded by Councilor Patton, to adopt Ordinance No. 02-14 ORDINANCE NO. 02-14 - AN ORDINANCE AMENDMENT CHAPTER 10.28, PARKING, OF THE TIGARD MUNICIPAL CODE The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes COUNCIL MINUTES -MARCH 12, 2002 page 7 11. COUNCIL DISCUSSION OF OPTIONS REGARDING MUR-2 ZONING ISSUES RAISED DURING THE WASHINGTON SQUARE REGIONAL PLAN IMPLEMENTATION PUBLIC HEARING Community Development Director Hendryx presented information as outlined in his March 6, 2002, memorandum to the Tigard City Council. A copy of the memorandum is on file In the City Recorder's office. Council discussed the options as presented in Mr. Hendryz's memorandum. Consensus of Council was to proceed with the second option presented in the memorandum. City Attorney Ramis confirmed that this is not new information concerning the Washington Square Regional Plan matter. City Manager Monahan added that the Council would not be taking any action this evening that would affect the Washington Square Regional Plan. Mr. Adams was present and noted his issues as he gets ready to develop property in the Washington Square Regional Plan area. Mr. Adams indicated he understood that he could either submit an application before March 28 (which is when the regulations on the Washington Square Regional Plan become effective) or he could wait for the process (which would take about four months) to take place on a Development Code change. 12. COUNCIL LIAISON REPORTS: None 13. NON AGENDA ITEMS: None 14. EXECUTIVE SESSION: Canceled. Business meeting recessed at 9:30 p.m. and Council reconvened into Study Session at 9:34 p.m. > STUDY SESSION (continued) • City Manager reminded Council that they were to select the review format for the City Manager performance review on March 26, 2002. • Election information was distributed as outlined in the Administrative Items for Review Agenda, which is on file in the City Recorder's office. • Councilor Dirksen Indicated he would be gone from July 9 - August 9, 2002. • The Shining Stars Banquet, hosted by the Chamber of Commerce was discussed. All Council members indicated they would attend. • No one from the Council would be able to attend the retirement celebration for Dick Townsend of the League of Oregon Cities. COUNCIL MINUTES -MARCH 12, 2002 page 8 • The library's volunteer recognition will be on April 25 at 6 p.m. Friends of the Library will have a book sale on April 26 and 27. 15. A®]OURNMENT: 9:44 p.m. atherln Wheatley, It)( ecorde Attest: 0 y , 1gard ate/„a 1-MOM\CQTHM M\020312.DOC COUNCIL MINUTES -MARCH 12, 2002 page 9 CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, / 4 Ye P f" A. 4js k~n 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) oz-/-3 C-Anc/ o-'7-14- which were adopted at the Council Meeting dated ~ 12 -D Z copy(s) of said ordinance(s) being hereto attached and by reference trade a part hereof, on the _ ID day of 144ac h , 20 © 2- 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 Gds ~ Subscribed and sworn to before me this 1144L day of aAt k- , 20_x. Notary Public for Oregon My Commission Expires:,". x-003 dQN OFFICIAL SEAL D L WISE NOTARY PUBLIC-OREGON COMMISSION NO. 320M MY COMMISSION EXPIRES FEB. 11,2003 CITY OF TIGARD, OREGON ORDINANCE NO.02-1_ AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE TO ALLOW FOR MORE FLEMMILITY PERTAINING TO PARIQNG REQUIREMENTS FOR RELIGIOUS INSTITUTIONS AND JOINT PARE3NG THROUGHOUT THE CITY OF TIGARD. WHEREAS, the applicant requested a Zone Ordinance Amendment to adjust the parking requirements for religious institutions in all zones, to amend the maximum distance for shared parking in all zones, and to allow on-street parking for religious institutions in instances where the street is designed and improved to accommodate on-street parking; and WHEREAS, the City of Tigard Planning Commission held a public hearing on February 4, 2002 and reccommended approval of the proposed amendment by motion and a vote of 6 in favor, 1 against, and 1 abstention. WHEREAS, the City Council held a Public Hearing on the request on March 12, 2002 and indicated they were supportive of the proposed zone change and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council determined that the proposed language adequately addressed concerns regarding protecting both the residential neighborhoods, as well as, the interests of the Tualatin Valley Christian Ministries; and WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: Community Development Code Chapters 18.380, 18.390 and 18.765; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, and 2.1.3; The Metro 2040 Plan; and Statewide Planning Goals land 2; and WHEREAS, the City Council has determined that the proposed zone ordinance amendment is consistent with the applicable review criteria and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendements attached as "EXHIBIT A" to this Ordinance are hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By 06~r vote of all Council members prescnt after being read by number and title o y, this LOE day of ynQ tp1 _ 2002. Catherine Wheatley, City Recorder ORDINANCE NO.02-3 Pagel of 2 APPROVED: By Tigard City Council this Lguy' day of , 2002. ~rnes E. Grkfith,W Ap oved as to form: l / btY'Attomey ~I IZ (0 Date ORDINANCE NO. 02- Page 2 of 2 EXHIBIT A-1 ADDITIONS: Indicated by 0ht54ItUN9e DELETIONS: Indicated by STRIKE-THROUGW (Additionally, a bar in the far right margin also indicates where a change has been made. Example:--> ) Religious Institution Parking Amendment Proposals 18.765.030 General Provisions B. Location of vehicle parking, The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwelling(s); 2. Off-street parking lots for uses not listed above shall be located not further than 209 jM feet from the building -a use praper that they are required to serve, measured in-a-straigle ~lahctam~is't iiir'e put4yessible;~tles'+iesf.r.$ut from the btti3d+t~g pLe 31iiP with the following exceptions: a. Commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 390 M feet from the primary site; b. The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces; 4) Long-term spaces. C. Joint parking. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1. The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2. Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3. If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. 18.765.70 Minimum and Maximum Off-Street Parking Requirements D. Exclusions to minimum vehicle parking requirements. The following shall not be counted towards the computation of the minimum parking spaces as required in Section 18.765.070H: 1. On-street parking. Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement, 6A6781 elrts i}d`tsrma auriison~strt` Ji` 'i ''r e e o tee c ravid" cl 611 M16 >fi tlownnn, cot Sri' a , ''on'~st eeii'X~~ktn I oin`a s~r96tr~ idM ` i m Li r e nYciaa o 7rir ' ~t'~`~~ : fi` yrck" ' ~riCln ~cliin~ ~ earlQQ LU. lin~o a~.a-r I, rr;'- 'R,~ a ` '"ti' '"c 'aTCa~'~'=~•~e +~^r x ~ Td~e~sreeinrhere.dn-sreetar<tingisiFOpased is rrot(ic edfar►&(i e ielei tial %IT46W Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements MINIMUM Religious Institutions 1.0/2 M seats in main assembly area (M) t# u '"t they With,' - 'a 'In it f ~t~demonstra° rs~_o s eve sb `t iamet'utiliZin h : irk f t 5"21td atf " 'Al a`.' t' ' alt o£'" cr x CITY OF TIGARD, OREGON ORDINANCE NO.02- I AN ORDINANCE AMENDING CHAPTER 10.28, PARKING, OF THE TIGARD MUNICIPAL CODE. WHEREAS, the City Council finds that Chapter 10.28 of the Tigard Municipal Code should be updated; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 13.04 is amended to read as follows: Deleted language is shown by a strikedkeu of language; added language shown by an underline of language. Chapter 10.28. PARKING. 10.28.010 Definitions. 10.28.020 Repealed by Ord. 93-21. 10.28.022 Purposes for which parking is prohibited. 10.28.025 Vehicle sales on private property. 10.28.030 Truck, trailer, bus, camper, motor home, recreational vehicle, and boat restrictions. 10.28.040 Removal of parked vehicle from fire area.. 10.28.050 Required precautions. 10.28.060 Parallel parking requirements. 10.28.070 Space markings. 10.28.080 S.W. Main Street between S.W. Burnham Street and Oregon Electric Railroad right-of- way. 10.28.090 Two-hour time limit. 10.38.095 TA,elve Hour- Limit 10.28.110 Fifteen-minute time limit. 10.28.120 Sunday restrictions. 10.28.125 Specified period restrictions. 10.28.130 Prohibited at any time. 10.28.135 Parking prohibited eight a.m. to six p.m. 10.28.136 Loading zones-Authority to establish. 10.28.137 Loading zones--Designated. 10.28.138 Construction zones and temporary loading zones. 10.28.140 Violation--Mode of charging defendant. 10.28.150 Violation--Penalty. 10.28.160 Authority to impound improperly parked vehicles. 10.28.170 Parking prohibited in specified places. 10.28.175 Residential parking zones. 10.28.180 Definitions for Sections 10.28.190 through 10.28.210. 10.28.190 Application of parking regulations to disabled persons. 10.28.200 Parking in space reserved for disabled persons prohibited--Exceptions. 10.28.210 Removal and impoundment of vehicle unlawfully parked in space reserved for disabled persons. ORDINANCE No. 024 Pagel 10.28.010 Definitions. (a) "Parking" or "parked," for purposes of the city motor vehicle code, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers, or in obedience to traffic regulations or traffic signs or signals. (b) It is unlawful for any person to park or stop any vehicle for a longer period of time than that designated by official signs, parking meters or other markings placed by or under authority of the city. "Parking time limit" includes the aggregate of time of all stopping or standing of the same vehicle on the same side of the street within a space of three hundred lineal feet measured along the curbline and between intersections; and the parking, standing or stopping of any vehicle within such expanse shall not exceed the designated time limit during any three-hour period. (c) For purposes of this chapter, the definitions of the following terms as used herein shall conform to the following ORS sections which by reference herein are made a part of this chapter: (1) "Camper" is defined as set forth in ORS Section 801.180. (2) "Highway" or "street" is defined as set forth in ORS Section 801.305. (3) "Mobile home" is defined as set forth in ORS 801.340. (4) "Motorbus" is defined as a Commercial Bus as se*_ forth in ORS 801.200. (5) "Motor home" is defined as set forth in ORS Section 801.350. (6) "Motor truck" is defined as set forth in ORS Section 801.355. (7) "Recreational vehicle" is defined as set forth in ORS 446.003. (8) "Trailer" is defined as set forth in ORS Section 801.560. (9) "Travel trailer" is defined as set forth in ORS Section 801.565 (10) "Truck tractor" is defined as set forth in ORS Section 801.575. (Ord. 99-28, Ord. 93-21 § 1, 1993; Ord. 7041 Ch. 7, § 1, 1970). 10.28.020 Repealed by Ord. 93-21. 10.28.022 Purposes for which parking is prohibited. No person shall park a vehicle on the right-of-way of any highway, or upon any public street or public way within the city limits for any of the following purposes: (1) Selling or offering merchandise for sale; (2) Washing, greasing or repairing such vehicle except as may be necessitated by emergency; (3) Storage, for any period of more than twenty-four hours, except that this subsection shall be subject to the limits elsewhere prescribed in the city motor vehicle code or as may be prescribed by the Oregon State Motor Vehicle Code. It shall constitute prima facie evidence of storage of a vehicle if the same is not moved for a period of twenty-four (24) hours. The continuity of the time shall not be deemed broken by movement of the vehicle elsewhere on the block unless the movement removes the vehicle from the block where ORDINANCE No. 02-V Page 2 it was located before it is returned. Any vehicle mentioned in this subsection parked on the right-of-way of any highway, or upon any public street or public way within the city in violation of this subsection may be treated as an abandoned vehicle and the provisions of Chapter 7.60 shall apply. (Ord. 93-21 §3, 1993) 10.28.025 Vehicle sales on private property. (a) No property owner, unless in compliance with the provisions of Chapter 5.04, Business Taxes, and in further compliance with all applicable zoning codes, shall allow more than one vehicle to be displayed for sale on his or her property. (b) Violation of this section shall be a Class I infraction and shall be subject to the provisions of the civil infractions ordinance, Chapter 1.16 of this code. (Ord. 87-40 § 1, 1987). 10.28.030 Truck, trailer, bus, camper, motor home, recreational vehicle, and boat restrictions. (a) No person shall at any time park or leave standing a house trailer, motor bus, motor truck, truck tractor, motor home, boat, vehicle with camper, recreational vehicle,'or trailer, as defined in Section 10.28.010(c), whether attended or unattended, on any improved public highway, public street or other public way within the city limits, for a period greater than thirty (30) minutes, between the hours of one minute past twelve a.m. and six a.m. (b) A recreational vehicle, house trailer, or motor home may be parked on a public street longer than the period allowed in Section 10.28.030(a) if: (1) It is owned by the resident or guest of the resident of the property in front of which it is parked, (2) It is parked on the public street adjacent to the lot of the resident, and (3) It is parked on the public street no longer than ten (10) days in any calendar year. (c) Such vehicle must be parked in a manner which does not interfere with traffic or create a. hazard by obstructing the view of drivers. (d) Tractor Trailer, Truck Trailer. No person shall at any time park a tractor trailer or truck trailer as described in Section 10.28.010(c) unattended on any improved public highway, public street or other public way within the city limits. (Ord. 93-21 §4, 1993; Ord. 81-86 §1, 1981; Ord. 81-84 §1, 1981: Ord. 79-109 §1, 1979; Ord. 76-57 §1, 1976; Ord. 76-30 §1, 1976: Ord. 70-41 Ch. 7 §3,1970). 10.28.040 Removal of parked vehicle from fire area. Whenever the owner or driver of a vehicle discovers that such vehicle is parked immediately in front of or close to a building to which the fire department has been summoned, he shall immediately remove such vehicle from the area unless otherwise directed by police or fire officers. (Ord. 70-41 Ch. 7 §4, 1970). 10.28.050 Required precautions. No person having control or charge of a motor vehicle shall allow it to stand on any street unattended without first fully setting its parking brakes, stopping its motor and removing the ignition key and, when standing upon any precipitous grade, the front wheels of the vehicle shall be angled into the , rb. (Ord. 7041 Ch. 7 §5, 1970). ORDINANCE No. 021~' Page 3 10.28.060 Parallel parking requirements. No person shall stand or park a vehicle in a street other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the vehicle within eighteen inches of the edge of the curb, except where the street is marked or signed for angle parking. (Ord. 7041 Ch. 7 §6, 1970). 10.28.070 Space markings. Where parking space markings are placed on a street, no person shall stand or park a vehicle other than at the indicated direction and within a single marked space. (Ord. 7041 Ch. 7 §7, 1970). 10.28.080 S.W. Main Street between S.W. Burnham Street and Oregon Electric Railroad right-of- way. All parking of motor vehicles on that portion of S.W. Main Street between the intersection thereof with S.W. Burnham Street and the Oregon Electric Railroad right-of-way shall be parallel with the centerline of S.W. Main Street, and all diagonal or head-in parking is prohibited. (Ord. 70-41 Ch. 7 §8, 1970). 10.28.090 Two-hour time limit. No person shall park or leave standing a vehicle of any kind or character, whether motorized or not, continuously in excess of two hours, except on Sundays and holidays, on the following public streets and highways, or portions thereof, during the hours herein specifically designated: (1) BETWEEN EIGHT A.M. AND FIVE P.M.: (A) In that portion of the southwest half of the rightof-way of S.W. Tigard Street extending from the southeast right-of-way line of S.W. Pacific Highway (99W Overpass) to the northwest right-of-way line of S.W. Main Street; (B) In that portion of the southwest half of S.W. Commercial Street extending from a point which lies forty-five feet southeasterly of the southeast right-of-way line of S.W. Main Street to a point one hundred thirty-nine feet southeasterly therefrom; and (C) In that portion of the southwest half of S.W. Commercial Street extending from a point which lies five hundred thirty five feet southeasterly of the southeast right-of-way line of S.W. Main Street to a point two hundred fifteen feet southeasterly therefrom; (D) In that portion of the northeast half of S.W. Commercial Street extending from a point which lies ninety-five feet southeasterly of the southeast right-of-way line of S.W. Main Street to a point two hundred fifty-three feet southeasterly therefrom; i + (E) In that portion of the northeast half of S.W. Commercial Street extending from a point i which lies four hundred forty-eight feet southeasterly of the southeast right-of--way line of S.W. Main Street to a point two hundred fifty-seven feet southeasterly therefrom; (F) In that portion of S.W. Walnut Place extending from a point which lies one hundred sixty-five feet southeasterly of the southeast right-of-way line of S.W. Pacific Highway to a point one hundred twenty feet southeasterly therefrom. (2) BETWEEN NINE A.M. AND SIX P.M.: (A) S.W. Main Street; ORDINANCE No. 02-L~ Page 4 (13) S.W. P4ne-8--eet ffem S.W. -4-ain t- S.W. Paeffie Highway (99 W)-6ght of way- 7 (C) The northerly half of S.W. Center Street extending northeasterly from the intersection thereof with Greenburg Road to the intersection of S.W. 87th Avenue; (D) The east side of S.W. 87th Avenue between Pacific Highway and Center Street, except any area designated as a loading zone. (E) Along the northeast side of SW Burnham Street between Main Street and a point 100 feet from the southeast curb line of Main Street. (3) ANYTIME: (A) Within the southwest half of S.W. Walnut Place beginning at a point which lies one hundred seventy-five feet along the curbline from S.W. Pacific Highway, thence extending southeasterly ninety feet therefrom. (Ord. 99-13; Ord. 95-31; Ord. 92-27 §2, 1992; Ord. 87-05 §1,1987; Ord. 86-45 §1, 1986; Ord. 84- 03 §1, 1984; Ord. 82-75 §1, 1982; Ord. 81-87 §1, 1981; Ord. 80-65 §3(part), 1980; Ord. 79-108 §1, 1979; Ord. 79-10 §1, 1979; Ord. 77-36 §1, 1977; Ord. 77-5 §1, 1977; Ord. 76-53 §1, 1976; Ord. 70-41 Ch. 7 §9, 1970). 10..295 'r.-N-11ve-Hour- Limit No per-son shall par4E or- leave standing a-vehiele of any 16nd or- ehar-aeter-, whether- motorized er- net, eentinuettisi- in exeess of twelve houfs, eme pt- when--a- poFtien of that. tNvelve heur- period ooeur-s on a Satwday, Sunday e . holiday, on the fellewing publie stFeets and highways- 0) On SW:76th Avenue between Bonita Read and a point 500 feet.seuth of the eenter4ifle of Benita Read (Ora 94 15). 10.28.110 Fifteen-minute time limit. (1) No person shall park or leave standing a vehicle of any kind or character, whether motorized or not, and whether attended or unattended, for a period of longer than fifteen minutes between the hours of nine a.m. and six p.m., except Sundays and holidays, in any area designated as a fifteen-minute parking zone. (2) The City Engineer shall establish fifteen-minute parking zones to include no more than twenty parking spaces on SW Main Street. In selecting the locations for the fifteen-minute parking zones, the City Engineer shall consult with the owners of businesses along Main Street. The fifteen-minute time limit shall become effective upon installation of appropriate signing designating the parking spaces where the time limit applies. (Ord. 95-30; Ord. 86-59 §1, 1986; Ord. 71-33 §1 1971: Ord. 70-41 Ch. 7 §§10 12,12A, 1970). 10.28.120 Sunday restrictions. No person shall park a motor vehicle of any kind or character between the hours of six a.m. and twelve noon, on Sundays, according to Pacific Standard Time or Pacific Daylight Time as may be then in effect, on the following defined portions of public streets in the city: (1) The westerly side of S.W. Grant Street extending from the intersection thereof with S.W. Johnson Street to the intersection thereof with S.W. Walnut Avenue; (2) The southerly side of S.W. McKenzie Street extending from the intersection thereof with S.W. Grant Street to the intersection thereof with S.W. Pacific Highway (99-W). (Ord. 70-41 Ch. 7 §13, 1970). ORDINANCE No. 02-14 Page 5 10.28.125 Specified period restrictions. No person shall park a motor vehicle of any kind or character between the hours specified on the following defined portions of public streets in the city: (1) Between the hetir-s of eight a.m. and sir, p.m. within the right of way of S.W. Villa Ridge Read extending fi~em the peint ef inter-seetien of the eenter4ine ef S.W. 7-2nd A-venue with the eenter-line ef S.W. Vi Rrid"°-Read "^'.b°astef y to the junetie n thereof ith S.W.1 aGi fie High. roo °n. (2) Between the hours of eight a.m. and five p.m. within the northwesterly half of the right-of-way of S.W. Grant Avenue from the intersection thereof with S.W. Walnut Street, southwesterly, to the end of the roadway at Charles F. Tigard School grounds; (3) Between the hours of seven a.m. and six p.m. within the right-of-way of S.W. Garrett Street from the intersection thereof with S.W. Pacific Highway southeasterly four hundred feet, excepting therefrom the southwesterly two hundred fifty feet; (4) Between the hours of seven a.m. and six p.m., except Saturday and Sunday, within the right-of- way of S.W. Garrett Street between Cresmer Drive and a point four hundred feet southeasterly from Pacific Highway, except along the southwest side of Garrett Street within two hundred forty feet of Cresmer Drive. (5) Between the hours of eight p.m. and six a.m., no person shall at any time park or leave standing a vehicle of any kind or character, whether motorized or not, and whether attended or unattended, within any portion of the right-of-way of SW Milton Court beginning at the north right-of-way line of Bonita Road and extending northerly the full length of the street up to and including the cul-de-sac at the end of the street. (Ord. 98-23; 90-12 §1, 1990; Ord. 84-68 §1, 1984; Ord. 83-18 §1, 1983; Ord. 74-44 §2, 1974). 10.28.130 Prohibited at any time. No person shall at any time park or leave standing a vehicle of any kind or character, whether motorized or not, and whether attended or unattended, within the following defined portions of public streets and highways within the city: (1) Within the improved portion of the right-of-way as bounded by the curb lines, on each side of S.W. Pacific Highway (99-W), extending from the intersection of the centerline of S.W. Bull Mountain Road and the same extended to the southeasterly right-of-way line of S.W. Pacific Highway, northeasterly to the northeasterly city limits, being an extension of the easterly line of that tract of land deeded to Max R. Reed and recorded in Book 611, page 286, Deed Records, Washington County, Oregon; except that there is authorized and designated as a limited parking area, two parking spaces along the northwesterly curb parallel to the southwesterly lanes of travel, for vehicular parking purposes limited to any continuous period of not to exceed fifteen minutes, extending from a point southwest along the curbline twenty feet from a point opposite the most easterly corner of the Charles F. Tigard Schoolhouse site, southwesterly forty feet, the boundaries of said spaces being delineated by painted markings; (2) Within the following described portions of the right-of-way of S.W. Hall Boulevard: (A) Repealed by Ord. 80-65. (B) Within that portion of the right-of-way of S.W. Hall Boulevard, extending from the intersection thereof with the Oregon Electric Railroad tracks (Southern Pacific) southeasterly to the intersection thereof with the center of Fanno Creek; ORDINANCE No. 02- JV Page 6 jjj" 11 III (3) Within the east half of the right-of-way of S.W. Hall Boulevard, within four hundred thirty-five feet northerly of the intersection of the east right-of-way line of S.W. Hall Boulevard with the north right-of-way line of S.W. Pacific Highway (99-W); (4) Repealed by Ord. 80-65. (5) Within the west half of the right-of-way of S.W. Hall Boulevard, within seven hundred twenty- four feet northerly of the intersection of the west right-of-way line of S.W. Hall Boulevard with the north right-of- way line of S.W. Pacific Highway (99-W); (6) Within the southeast half ef S.W. Main SITeet, emending neFffieasterly thirty six feet &em the . teFseetion of the o ,_t line thereof it the eurbl-ine of S.W. Burnham StFeetj (7) Within that portion of the neAeasterly half of S.W. Burnham Stfeet lying within fifteen feet of the interseetion of the northeasterly line ef SAI. Burnham StFee ith the southeasterly line of-S.W. Main 9 (8) Within the right-of-way of S.W. Commercial Street extending from the westerly right-of-way of S.W. Hall Boulevard on the north side northwesterly one hundred feet, and on the south side northwesterly one hundred seventy feet; (9) Within the easterly half of the right-of-way of S.W. Electric Street, within one hundred feet northerly of the intersection of the easterly right-of-way line of S.W. Electric Street with the northerly right-of- way line of S.W. Main Street; (10) Within the north half of the right-of-way of S.W. Pinebrook Street, within one hundred eleven feet westerly of the intersection of the west right-of-way line of S.W. Hall Boulevard with the north right-of-way line of S.W. Pinebrook Street; (11) Within the southeasterly half of S.W. Main Street from the intersection thereof with the northeasterly line of S.W. Scoffins Street, northeasterly to the intersection thereof with S.W. Pacific Highway right-of-way; (12) Within the northwesterly half of that portion of S.W. Main Street from its intersection on the west and thereof with S.W. Pacific Highway, northeasterly two hundred thirty feet; (13) Within the right-of-way of S.W. Walnut Street, extending from the intersection thereof with S.W. Pacific Highway (99-W) northwesterly to Tiedeman Avenueappremimately one thousand nine hundred twenty m,e and fiffty feur hundredths feet to the eity ji-mits as the same exist on Sep ember- 28, 19-71 exeept that-there is authorized and designated as an unFestrieted (time) vehieular parlEing area, along the se~Zwest eur-b of S.W. Walnut Street, twe spaees, parallel with but not within the southeasterly lanes of travel, eammeneing at a pei whieh lies one hundred ninety two feet southeasterly of the se...U- Grant Avenue and extending, thenee southeasterly for,, Nize feet to a teFmi us point-, thee boundaries of said- being delineated b painted markings-, (14) Within the curblines on each side of S.W. Sandberg Street, including the cul-de-sac; (13) On the southeasterly =one half of S.W. Villa Ridge Read :.that portion theFeef4ying seuth esterly of and within v.a. -'m re Fight-of we _e. ef the interseetion of the seutheasteFly SAA Ate- illa-Ridge D.",ad with the eenterlin £S.W. 72nd Avenue; (16) On the southwesterly one-half of S.W. Frewing beginning at a point five hundred feet southeasterly of Pacific Highway and extending thence southeasterly a distance of two hundred feet; ORDINANCE No. 02- Page 7 (17) On the southeasterly one-half of Grant Street beginning at the right-of-way line of Walnut Street and extending thence southwesterly to the end of the street at the Charles F. Tigard elementary school grounds; (18) On the south one-half of Scott Court beginning at the right-of-way line of S.W. 98th Avenue and extending thence westerly two hundred eighty-three feet; (19) On the northeast one-half of S.W. Commercial Street beginning at the southeast right-of-way line of S.W. Main Street and extending thence southeast ninety-five feet; (20) On S.W. Hunziker Street extending from the intersection thereof with S.W. Hall Boulevard southeasterly approximately two thousand eight hundred fifty-three feet; (21) 9x-ell-that -pegtien- Within the right-of-way of S.W. 69th Avenue extending from the intersection there of with the south right-of-way of Fyx~g-seutherly-e€ S.W. Pacific Highway to the intersection thereof with the north right-of-way line of S.W. Dartmouth Street; (22) On the northerly one-half of S.W. Walnut Street beginning at the westerly edge of the driveway entrance to Fowler Junior High School and extending westerly to a point four hundred and ninety feet from said driveway; (23) Within the southwest half of the right-of-way of S.W. Commercial Street, within forty-five feet southeasterly of the southeast right-of-way line of S.W. Main Street; (24) Within the curblines on each side of S.W. Lomita Street, beginning at a point in the centerline thereof, which point lies two hundred feet east of the east right-of-way line of S.W. 90th Avenue, and running thence easterly and northerly a distance of one hundred sixty feet therealong; (25) Within the southeasterly half of S.W. Grant Avenue, beginning at the northeast right-of-way line of S.W. Walnut Street and extending northeasterly to the southwest right-of-way line of S.W. Tigard Street; S.W. (26) Within the right of way ef S.W. Summer-field Drive, emending frem the inter-seetion-11 -of With the ReFth fight of way line of S.W. Durham Read te the inter-seetien ther-ee- the west right of way line -of A lde br-eele Drive; r (27) Within the right-of-way of S.W. 68th Parkway, extending from the intersection thereof with the south right-of-way line of S.W. Irving Street to the intersection thereof with the west right-of-way line of S.W. 66th Avenue; (28) Within the northwesterly half of the right-of-way of S.W. Main Street, within four hundred ninety-seven feet southwest of the southeast right-of-way line of S.W. Pacific Highway; (29) Within the southeasterly half of the right-of-way of S.W. Boones Ferry Road, beginning at the intersection of the west right-of-way line of Interstate No. 5 with the southeast right-of-way line of S.W. Boones Ferry Road and extending southwesterly a distance of two hundred seventy feet therefrom; (30) Within the right-of-way of S.W. Scoffins Street, extending from the intersection thereof with S.W. Main Street, southeasterly to S.W. Hall Boulevard; (31) Within the right of V.ray ef S.W. Summer-field Drive, from t®rtwtkm4hereoF wiIh S Btnlr (32) Along both sides of S.W. 121st Avenue between Scholls Ferry Road and Burlheights Drive; ORDINANCE No. 02-L Page 8 / (33) Within the right-of-way of S.W. Summerfield Drive, extending from the intersection thereof with the north right-of-way line of S.W. Durham Road to the intersection thereof with the west right-of-way line of S.W. 98th Avenue; except that there is authorized and designated an unrestricted (time) vehicular parking area commencing at the west right-of-way line of S.W. Century Oak Drive running westerly a distance of three hundred feet along the south curb of S.W. Summerfield Drive; (34) In the southeasterly one-half of S.W. Main Street, extending southwesterly one hundred fifteen feet from the intersection of the southwest right-of-way line of S.W. Scoffins Street with the southeast right-of- way line of S.W. Main Street; (35) Along both sides of SW 72nd Avenue between the Beaverton-Tigard Highway (State Highway 217) and the south city limits; (36) Within the seuthwester4y half of-the -ight of way of S.W. TigaFd StFeet, eenffneneing at the seutheast right of way line of S.W. Grant A-venue and emending southeaster-15, to the -of way line of S.W. Paeifie Highway-0-11-1 %IT (37) Within the right-of-way of S.W. 112th Avenue, extending southerly from S.W. Gaarde Street to the frontage road along S.W. Pacific Highway; Boulevard; (38) Within the right of way of S.W. Bumbafn Stfeet, ftem S.W. Main StFeet to S.W. Hall exeepting that peFtion within the neitheasterily half of S.W. Bumbam StFeet beginning at a point fifteen feet setitheasterily of the interseetion of the neFffieasterily line of S.W. Bumham StFeet with the southeaster4y line-of ~~S.W. Main ~czc°c and ema°ixazizg trrczcavnr$^oiiarlcElSt2rly €ei:Py-€ye feet, S@3d-pArt36i3 of SSundays and-hehdays .W. being ° , eiEeladed; (39) Upon or within any delineated bicycle and/or pedestrian path(s) or lanes; (40) Within the paved portions of SW 72nd Avenue between Pacific Highway and the Beaverton- Tigad Highway (State Highway 217); (41) Along both sides of S.W. Greenburg Road between Pacific Highway and Shady Lane; (42) Within the right-of-way of S.W. 110th Avenue, beginning at a point one hundred six feet northerly of the north right-of-way line of S.W. Gaarde Street and extending thence two hundred seventy feet northerly; (43) On southwest Gaarde Street from Pacific Highway to 112th Avenue, except for that portion of the north half of Gaarde Street beginning at a point eighty feet east of the east curbline of 110th Avenue and extending to a point one hundred ninety feet east of the east curbline of 110th Avenue, measured along the north curbline of Gaarde Street; (44) Within the northeasterly half of the right-of-way of S.W. Canterbury Lane, extending from the intersection thereof with S.W. Pacific Highway, southeasterly a distance of seventy-five feet therefrom; (45) Within the right-of-way of S.W. Fir Street, extending from the intersection thereof with S.W. 72nd Avenue, easterly to S.W. Fir Loop; (46) Within the right-of-way of S.W. Fir Loop, being all that portion thereof lying easterly of S.W. Fir Street; (47) Within the right-of-way of S.W. Hall Boulevard extending from the intersection thereof with S.W. Pacific Highway (99-W) southerly to a point which lies two hundred feet south of the centerline of S.W. Scoffins Street; ORDINANCE No. 024 Page 9 (48) Within the right-of-way of S.W. 70th Avenue, extending from the intersection thereof with S.W. Hampton Street, southerly to the terminus thereof; (49) Within the northerly half of S.W. Walnut Place; also, within the southwest half of S.W. Walnut Place beginning at S.W. Pacific and, thence, extending a distance of one hundred seventy-five feet southeasterly along the curbline; (50) Within a portion of the right-of-way of S.W. Hampton Street being all that portion thereof lying between S.W. 72nd Avenue and S.W. 66th Avenue; (51) Repealed by Ordinance 98-09; (52) Repealed by Ordinance 98-09; (53) Within the southeast half of the most southerly end of S.W. Main Street, beginning at the intersection of the southeast curblines of S.W. Pacific Highway and S.W. Main Street and extending seventy-five feet along the Main Street curbline to a point; also, therein, beginning at a point on the Main Street curbline which lies two hundred five feet from said intersecting curblines and extending thirty feet therealong to a point; (54) Within the westerly half of the right-of-way of 115th Avenue extending from the intersection with S.W. Gaarde Street northerly to the intersection of S.W. Former Street; (55) Within the northwesterly right-of-way of S.W. McKenzie Street from a point twenty feet southeasterly from the intersection of the centerlines at S.W. McKenzie St., and S.W. Grant St., to a point ninety feet southeasterly of the centerline intersection; (56) On the northwesterly half of S.W. Ash Avenue beginning at the northeast right-of-way line of S.W. Commercial Street and extending thence northeasterly one hundred thirty-eight feet. (57) Within the curblines on each side of S.W. Genesis Loop, extending from the most southerly intersection thereof with S.W. 115th Avenue easterly a distance of one hundred sixty-five feet; X58) Along both sides of S.W. Durham Road between Hall Boulevard and Pacific Highway; (59) Repealed by Ord. 95-32; (60) Within the west half of the right-of-way of S.W. 92nd Avenue, beginning at the intersection thereof with the south right-of-way line of S.W. Durham Road; thence, extending southerly one thousand four hundred fifty feet; (61) Within the right-of-way of S.W. 92nd Avenue, beginning at a point which lies one thousand four hundred fifty feet southerly of the south right-of-way line of S.W. Durham Road; thence, extending southerly one thousand one hundred ninety feet; excepting therefrom the south six hundred eighty feet of the west half thereof; (62) Along the east side of S.W. 85th Avenue from Durham Road to a point four hundred fifty feet south of the south curbline of Durham Road; (63) On S.W. Vams Street from S.W. 72nd Avenue to a point one hundred twenty-five feet west of the west curbline of 72nd Avenue; (64) On S.W. Watkins Avenue from S.W. Pacific Highway to a point seventy-five feet west of the west curbline of Pacific Highway; ORDINANCE No. 02- Page 10 (65) Along the north side of S.W. Burnham Street from Hall Boulevard to a point six hundred seventy- five feet west of the west curbline of Hall boulevard, measured along the north curbline of Burnham Street; (66) On S.W. 69th Avenue from Pacific Highway to a point one hundred fifty feet north of the north curbline of Pacific Highway, measured along the east curbline of 69th Avenue; (67) Along the south side of S.W. Locust Street between Greenburg Road and 93rd Avenue; (68) Along the south side of Spruce Street between a point one hundred feet east of the extended centerline of S.W. 72nd Avenue and a point 100 feet west of the extended centerline of S.W. 72nd Avenue; (69) Along both sides of S.W. 135th Avenue between Scholls Ferry Road and Morning Hill Drive; (70) Along both sides of S.W. Nimbus Avenue between Scholls Ferry Road and a point two hundred forty feet south of the south curbline of Scholls Ferry Road; (71) Along both sides of S.W. Bonita Road between Hall Boulevard and S.W. 83rd Court; (72) Along both sides of S.W. Bonita Road between 83rd Court and Fanno Creek; (73)-Along the east side of S.W. 760~ Avenue between Benita Read and a peint eke hundred seven five feet seuth of the eenter-line ef Bonita Read; (74) Along the north side of Canterbury Lane between Pacific Highway and S.W. 106th Avenue; (75) Along the north side of Benchview Terrace between S.W. 132nd Avenue and the west boundary of Benchview Estates subdivision as recorded in Book 66, page 38, of the plat records of Washington County; (76) Along both sides of S.W. McDonald Street between Hall Boulevard and 93rd Avenue; (77) Repealed by Ord. 95-17. (78) Along the west side of S.W. 108th Avenue from Chateau Lane to a point two hundred thirty-three feet south of the centerline of Chateau Lane until such time as 108th Avenue is improved in this location to full minor collector standards. At the time that the street is improved, the effect of the ordinance codified in this subsection (78) shall cease; (79) Along portions of S.W. Fir Street between S.W. 72nd Avenue and the street terminus west of 74th Avenue, as follows: along the entire south side of the street; along the north side of the street within sixty feet of the west curbline of S.W. 72nd Avenue; and along the north side of the street west of a point which is sixty feet west of the centerline of S.W. 74th Avenue; (80) Along both sides of S.W. North Dakota Street between S.W. Tiedeman Avenue and S.W. 115th Avenue. (81) Along both sides of SW Dartmouth Street between SW 68th Parkway and SW Pacific Highway. (82) Along the west side of SW 108th Avenue between Durham Road and a point 145 feet north of the centerline of Chateau Lane. (83) Along the west side of SW 109th Avenue beginning at the start of a curve approximately 260 feet south of the south curb line of Canterbury Lane and continuing south a distance of 285 feet measured along the west curb of SW 109th Avenue. ORDINANCE No. 02-~~ Page 11 (84) Along the east side of SW 109th Avenue beginning at the start of a curve approximately 260 feet south of the south curb line of Canterbury Lane and continuing south a distance of 125 feet measured along the east curb of SW 109th Avenue. (85) Along the south side of Canterbury Lane from Pacific Highway to a point 200 feet east of the east curb line of Pacific Highway; (86) On both sides of SW Durham Road between SW 72nd Avenue and Upper Boones Ferry Road; (87) On both sides of SW North Dakota Street between Scholls Ferry Road and Springwood Drive; (88) On SW 70th Avenue between Beveland Street and Franklin Street; (89) Along the southwest side of SW Commercial Street beginning at a point 250 feet southeast of the southeast curb of Main Street and continuing to a point 510 feet southeast of the southeast curb of Main Street; (90) On both sides of SW Walnut Street between the south leg of 135th Avenue and SW Scholls Ferry Road; (91) On both sides of SW Royalty Parkway between Pacific Highway and Naeve Street. (92) Any portion of the right-of-way of SW 76th Avenue beginning at the south right-of-way line of Bonita Road and extending southerly 482 feet. (93) Within the northeast half of SW Commercial Street beginning at a point three hundred forty eight feet southeast of the southeast right-of-way line of SW Main Street and continuing to a point four hundred forty eight feet southeast of Main Street. (Ord. 99-12; Ord. 99-11; Ord. 98-23; Ord. 98-09; Ord. 96-01; Ord. 95-32; „ Ord. 95-25; Ord. 95-23; Ord. 95-17; Ord. 95-07; Ord. 95-06; Ord. 94-22; Ord. 93-27 §§1, 2, 1993; Ord. 93-26 §1, 1993; Ord. 92-28 §1, 1992; Ord. 92-17 §1, 1992; Ord. 92-11 §1, 1992; Ord. 91-29 §1, 1991; Ord. 91-25 §1, 1991; Ord. 91-24 §1, 1991; Ord. 91-23 §1, 1991; Ord. 91-09 §1, 1991; Ord. 90-42 §1, 1990; Ord. 90-36 §1, 1990; Ord. 90-35 §1, 1990; Ord. 90-34 §1, 1990; Ord. 90-33 §1, 1990; Ord. 90-32 §1, 1990; Ord. 90-31 §1, 1990; Ord. 89-12 §1, 1989; Ord. 88-30 §1, 1988; Ord. 88-05 §1, 1988; Ord. 88-04 §1, 1988; Ord. 87-53 §1, 1987; Ord. 8746 §1, 1987; Ord. 86-67 §1, 1987; Ord. 87-06 §1, 1987; Ord. 86-55 §1, 1986; Ord. 86-54 §1, 1986; Ord. 86-45A §1, 1986; Ord. 86-13 §1, 1986; Ord. 86-04 §1, 1986; Ord. 84-53 §1, 1984; Ord. 83-50 §1, 1983; Ord. 8346 §1, 1983; Ord. 83-29 §1, 1983; Ord. 83-28 §1, 1983; Ord. 82-82 §1, 1982; Ord. 82-76 §1, 1982; Ord. 81-80 §1, 1981; Ord. 81-57 §1, 1981; Ord. 8146 §1, 1981; Ord. 80-65 §§1, 3(part), 1980; Ord. 79-60 §.1, 1979; Ord. 79-107 §1, 1979; Ord. 79-113 §1, 1979; Ord. 79-114 §1, 1979; Ord. 79-39 §1, 1979; Ord. 79-9 §1, 1979; Ord. 7845 §1, 1978; Ord. 78-68 § 1, 1979; Ord. 78-39 § 1, 1979; Ord. 78-38 § 1, 1977; Ord. 77-93 § 1, 1977; Ord. 77-92 § 1, 1977; Ord. 77-78 §1, 1977; Ord. 77-77 §1, 1977; Ord. 77-73 §1, 1977: Ord. 77-61 §1, 1977; Ord. 7740 §1, 1977; Ord. 77-39 §1, 1977; Ord. 77-36 §2, 1977; Ord. 77-6 §1, 1977; Ord. 76-56 §1, 1976; Ord. 76-38 §1, 1976; Ord. 76-33 §1, 1976; Ord. 76-31 § 1, 1976; Ord. 76-20 § 1, 1976; Ord. 76-8 § 1, 1976; Ord. 76-7 § 1, 1976; Ord. 76-6 § 1, 1976; Ord. 75- 47 §1, 1975; Ord. 75-38 §1, 1975; Ord. 75-34 §1, 1975; Ord. 75-51 §1, 1975; Ord. 74-44 §1, 1974; Ord. 71-32 § 1, 1971: Ord. 70-41 Ch. 7 § 14, 1970). 10.28.135 Panting prohibited eight a.m. to six p.m. No person shall park or leave standing a vehicle of any kind or character, whether motorized or not, between the hours of eight a.m. and six p.m. on any day of the week, including Saturday and Sunday, on the southerly one-half of the following portion of S.W. Johnson Street, in the city of Tigard, Oregon: That portion of the southerly one-half of S.W. Johnson Street lying westerly of and within four hundred feet of the northwesterly right-of-way line of S.W. Pacific Highway. (Ord. 75-19 § 1, 1975). ORDINANCE No. 02- Page 1 2 10.28.136 Loading zones--Authority to establish. (a) The city council may establish loading zones along any street for the purpose of permitting the loading and unloading of merchandise and persons. The action of the city council establishing such loading zones must be taken by ordinance. In establishing loading zones the city council shall give consideration to the volume and nature of business within the area under consideration, the traffic demands upon the street in question, the nature of the need of the adjacent business or businesses and of the needs of other businesses within the immediate area, the width and surface of the street, and any other relevant information. In establishing loading zones, the city council may limit the applicability of the loading zone restriction to certain hours of the day or night. The characterization of the loading zone as an area of restricted parking shall be indicated by the placement of signs which shall indicate clearly the area affected, and which shall state the hours of the day during which the "loading zone" restricted applies. (b) Loading zones shall be reserved for use by commercial vehicle in loading and unloading persons and commodities during the hours designated on all days except Sundays and holidays. No *person shall stop, stand or park any vehicle other than a commercial vehicle within the designated area between such hours, except that noncommercial vehicles may use such zones while actually engaged in the loading or unloading of persons or commodities, but noncommercial vehicles shall upon demand give way to commercial vehicles whose drivers desire to use the zone for loading or unloading purposes. Commercial vehicles using loading zones shall be entitled to the use of a loading zone only during such time as may reasonably be necessary for the loading and unloading of persons and materials and for so long as such activity actually continues. Loading zones shall not be used by employees of the business or businesses for the benefit of which they were established, for any purpose except the continuous loading or unloading of persons or materials. . (c) At all times other than those times designated in the ordinance establishing a particular loading zone, such zones shall be available for general use under the parking regulations applicable to the district in which they are located. (d) The city council shall consider creation of loading zones upon application by any resident or property owner, and if, after consideration of the factors identified in subsection (a) above, the city council determines that a loading zone should be created, it shall create such loading zone by ordinance, and direct that the loading zone so established by marked by appropriate signs. The city shall procure appropriate signs and cause them to be installed. The applicant shall pay the city the cost of the necessary signs and poles and the. cost of the labor necessary to install them, and installation shall not be made before such payment. (Ord. 76-10 §1, 1976). 10.28.137 Loading zones-Designated. The following portions of public streets within the city of Tigard are designated as loading zones for the hours indicated: (1) Repealed by Ord. 95-20; (2) Within the easterly half of S.W. 87th Avenue, beginning at a point thirty feet southerly of an easterly extension of the south boundary line of S.W. Center Street and, thence, running southerly sixty feet. The described zone is designated as a loading zone between the hours of nine a.m. to three p.m., Saturdays, Sundays and holidays excluded; (3) Repealed by Ord. 95-20. (Ord. 95-20; Ord. 92-27 §1, 1992; Ord. 86-60 §1, 1986; Ord. 86-14 §1, 1986; Ord. 81-90 § 1, 1981; Ord. 76-10 §2, 1976). ORDINANCE No. 02J Page 13 10.28.138 Construction zones and temporary loading zones. (a) Provision for Permits. Any person who finds it necessary to park a motor vehicle for actual construction or maintenance work or who finds it necessary to block off a parking space or spaces along the curb in a zone in which parking is controlled, shall be entitled to a construction zone permit. Any person who finds it necessary in connection with the conduct of a commercial enterprise or in the construction of a building, to park a motor vehicle or to block off a parking space or spaces along the curb for such work shall be entitled to a temporary loading zone permit. Application for a construction zone permit or a temporary loading zone permit shall be made in writing to the chief of police upon a form to be provided by him showing such information as he may request. The chief of police shall make such investigation as he deems necessary and, if he is satisfied that the applicant has a reasonable need for the permit, the chief of police shall issue a construction zone permit or a temporary loading zone permit. (b) Term of Permit. The term of a permit issued by the chief of police pursuant to subsection (a) above shall be established by the chief of police and entered upon the permit but in no event shall a permit be issued for a period to exceed one year. (c) Fees. The fee for a construction zone permit or a temporary loading zone permit shall be twenty- four dollars for one year or two dollars for each month or portion of a month for periods of less than one year. The fee shall be paid to the chief of police at the time of application. In the event the need for the permit terminates before the end of the term allowed by the permit as issued, the applicant shall be entitled to a refund in the amount of the charge that would have been made for the unused term of the permit. (d) Display of Permit. Before any person shall use a parking space in such a way as to require the issuance of a construction zone or temporary loading zone permit he shall obtain the construction permit or temporary loading zone permit, and at all such times as the vehicle or vehicles shall be parked in the place authorized by such a permit, the permit shall be displayed in such a way as to permit one observing the vehicle from the outside to read it. If the vehicle is equipped with a sunvisor above or beside the windshield on the driver's side, the permit shall be displayed on the sunvisor, which shall be turned down so as to expose the permit toward the outside of the vehicle. (e) The purpose of this section is to permit use of the public streets for parking in circumstances in which parking would otherwise be prohibited or limited as to time pursuant to the ordinances of the city of Tigard. (Ord. 78-75 §2, 1978). 10.28.140 Violation-Mode of charging defendant. (a) In all prosecutions for violation of city motor vehicle parking laws, it shall be sufficient to charge the defendant by an unswom written notice if the same clearly states: (1) The date, place and nature of the charge; (2) The time and place for defendant's appearance in court; (3) The name of the arresting officer; (4) The license number of the vehicle. (b) The notice provided for in subsection (a) of this section shall either be delivered to the defendant or placed in a conspicuous place upon the vehicle involved in the violation. The notice shall serve as the complaint in the case. In all other respects the procedure now provided by law in such cases shall be followed. (Ord. 70-41 Ch. 7 § 15, 1970). ORDINANCE No. 02A Page 14 10.28.150 Violation-Penalty. Any violation of the provisions of any section of this chapter or any rule or regulation therein stated, shall, upon conviction, be punishable by a fine of not more than one hundred dollars for each violation. (Ord. 7041 Ch. 7 §30, 1970). 10.28.160 Authority to impound improperly parked vehicles. (a) When any unattended vehicle is parked upon any street, alley or public way of the city of Tigard in such a manner that it is unlawfully parked in any prohibited or restricted area; or is unlawfully parked for a length of time prohibited by ordinance or resolution of this city; or is parked in such a position that it constitutes an obstruction to traffic or creates a danger to travel upon the street, alley or public way; or is found abandoned in any street, alley or public way; or in the event that an operator of a vehicle is arrested and placed in custody and is not in condition to drive the vehicle to a place of safety and there is no other person present who may properly act as agent for such operator to drive the vehicle to a place of safety, such vehicle is declared to be a public nuisance and subject to summary abatement, removal and impounding. (b) Both the owner and the operator of a vehicle impounded pursuant to subsection (a) of this section shall be legally responsible for payment of the costs of towing and storage. The towing and storage charges shall be established in advance, pursuant to an agreement between the police department of the city of Tigard and the towing and storage firm or firms called upon to conduct such business. No charges in excess of those previously agreed upon shall be levied against the owner or operator of a vehicle towed pursuant to subsection (a) of this section. (c) The towing service called upon to impound a vehicle and finding the owner or driver thereof present shall release the vehicle upon the presentation of proper identification of the owner or operator, and upon the owner or operator's signing an authorized receipt in duplicate (except where exclusive orders are given by the police department that the vehicle be impounded), and a service charge not to exceed one-half of the cost for the towing of the vehicle shall be made, that charge to be paid by the owner or operator. The duplicate signed receipt shall be given to the operator or owner of the vehicle, and the original signed copy shall be recorded by the towing service in its ledger of releases. (Ord. 77-98 § 1, 1977). 10.28.170 Parking prohibited in specified places. It is unlawful for the driver of a vehicle to stop or park the vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control signal, in any of the following places: (1) Within an intersection; (2) On a crosswalk; (3) Within fifty feet of any uncontrolled intersection or any intersection controlled with side-mounted stop signs, side-mounted yield signs, or side-mounted signals, except: (A) One one-way streets leaving an intersection; (B) On streets otherwise signed if. i) The vehicle is over six feet in height, or ii) The vehicle is less than six feet in height but by manufacture or modification, obscures the vision of: ORDINANCE No. 02-f# Page 15 r a. Any official side-mounted traffic control sign or signal, b. Intersection traffic, or c. Any pedestrian in a crosswalk; (iii) Vehicles described in (3)(B) above include, but are not limited to, the following: a. Vehicles with darkened, shaded or curtained windows, b. Vehicles modified to eliminate side window(s) and/or rear windows, c. Vehicles with visibility through windows blocked by parcels, packages or freight, d. Pickup vehicles of less than six feet in height but mounted with a canopy or camper with limited visibility through it, e. Panel trucks (except those with windows on both sides of the rear portion of the truck, and also on the back of the truck); (iv) An uncontrolled intersection is one where there are no traffic-regulating signs or signals. (4) Any other vehicle not identified in subsection (3) above, within twenty-five feet from the intersection of curb lines, or if none, then within fifteen feet of the intersection of property lines at an intersection within a business or residence district; (5) Within fifteen feet of the driveway entrance to any fire station; (6) Within ten feet of a fire hydrant, save and except taxicabs occupying properly signed taxi zones; (7) In front of a private driveway; (8) On a sidewalk or parking strip; (9) On the roadway side of any vehicle stopped or parked at the edge of a street or highway; (10) At any place where official signs, curb paint, or markings have been installed prohibiting standing, stopping or parking; provided, however, driver-attended private passenger motor vehicles, taxicabs or other public conveyances may stop for not more than thirty seconds in such a tow-away zone for the purposes of loading and unloading passengers; (11) In front of the entrance of any post office or other place where mail is received; or within ten feet of a mailbox during the hours of eight a.m. to four-thirty p.m. in any residential area; (12) In any street, alley or lane, so as to prevent the free passage of other vehicles in both directions at the same time (except on one-way streets), or so as to prevent any vehicle from turning from one street into another; (13) In any street, alley or lane, in lieu of offstreet parking, for a period longer than forty-eight hours; (14) In any emergency zone; ORDINANCE No. 02- Page 16 (15) In any loading zone, except as to a commercial vehicle when actually engaged in loading or unloading goods, wares, merchandise or materials, for a period not exceeding twenty minutes; and as taxicabs when loading or unloading passengers or merchandise, for a period of time not exceeding two minutes; (16) In a bus loading zone, except a motor bus or taxicab actually engaged in loading or unloading passengers or merchandise for a period not exceeding two minutes; (17) In any construction zone, except by such vehicles as are actually necessary to the construction work being carried on; (18) On city-owned or city-operated property designated for use for motor vehicle parking by authorized city personnel only, without the consent of the city, if there is in plain view on such property a sign prohibiting public parking or restricting parking; (19) Within any city park or part thereof, during the time the park, or the relevant part of it, is closed to the public. (Ord. 87-70 §1, 1987; Ord. 78-76, 1978). 10.28.175 Residential parking zones. (a) The city council, pursuant to TMC Section 10.32.010 may establish residential parking zones. The purpose of residential parking zones is to prohibit parking by nonresidents during specific time periods within specific geographic areas used predominantly for residential purposes. The city council resolution which establishes the residential parking zone shall clearly define the geographic limits of the area affected by the zone and the hours during which the parking by nonresidents will be prohibited. Residents within the parking zones may obtain a permit from the city administrator pursuant to subsection (b) of this section to allow for the parking of vehicles within the zone during the restricted hours. (b) The city administrator shall establish procedures and standards for the issuance of permanent and temporary permits to residents that will allow the residents and their guests to park their vehicles within residential parking zones during the restricted hours. At a minimum, the administrator shall establish rules which establish the criteria for issuance, surrender and revocation of permits, evidence of proof of residence and vehicle ownership, terms of the permit, standards for display of the permit, and allow for the issuance of temporary permits to residents for the parking of nonresident vehicles for temporary periods upon a showing of reasonable need for such permits. (c) The city administrator shall cause to be installed and maintained, pursuant to TMC 10.32.020, official signs for residential parking zones which clearly identify the parking restrictions for nonresidents and the exception to those restrictions for permit holders within the residential parking zones. (d) It shall be unlawful for any person to: (1) Provide false information in connection with an application for a permanent or temporary permit; (2) Fail to surrender a permit, when requested to do so, when the person is no longer entitled to the permit; (3) Use a permit when the permit holder is no longer entitled to the permit; (4) Use, or allow the use of a permit in conjunction with a vehicle other than the vehicle for which the permit was issued; (5) Use, or allow the use of a temporary permit in a manner inconsistent with the terms and limitations of the permit. ORDINANCE No. 02-) Page 17 (e) The city administrator is authorized to revoke any permit when the permit holder is found to be in violation of the provisions of this section, and, upon written notification thereof, the permit holder shall surrender the permit to the administrator. Failure to do so shall constitute a violation of this section. (Ord. 91-26 §1, 1991). 10.28.180 Definitions for Sections 10.28.190 through 10.28.210. As used in Sections 10.28.190 through 10.28.210 unless the context requires otherwise: (1) "Disabled parking space" means a parking space that is on private or public property and is marked or signed to provide parking for disabled persons. (2) "Disabled person" means a person who permanently suffers from any of the following disabilities: (a) Loss or loss of function of one or both legs or significant limitation in the use of the legs; (b) Inability to be mobile without the use of a wheelchair or other assistance device; (c) Loss or loss of function of both hands; (d) Loss of vision or substantial loss of visual acuity or visual field beyond correction; (e) Respiratory disability that makes use of walking as a means of transportation impossible or impractical; or (f) Cardiovascular disability that makes use of walking as a means of transportation impossible or impractical. (3) "Government building" and "public building" have the meanings given those terms in ORS 447.210. (4) "Marked motor vehicle" means a motor vehicle conspicuously displaying the decal, insignia or plates issued under the provisions of ORS 487.925. (Ord. 80-58 § 1, 1980). 10.28.190 Application of parking regulations to disabled persons. A disabled person may: (1) Park a marked motor vehicle in any public parking zone restricted as to the length of time parking is permitted therein without incurring the penalties imposed for overtime parking in such zones; and i ~ (2) Park a marked motor vehicle in any public parking zone with metered parking without being required to pay any parking meter fee. (3) The provisions of subsection (1) of this section do not apply: 3 (a) To parking in zones where stopping, parking or standing of all motor vehicles is prohibited; (b) To late evening or overnight parking where such parking is prohibited; (c) To parking in zones reserved for special types of motor vehicles or activities; or ORDINANCE No.1 2d Page 18 (d) To parking in zones where parking is permitted only for thirty minutes or less. (4) A person who is not disabled as defined in Section 10.28.180, and who exercises the privileges granted a disabled person under this section, commits a parking violation as provided in Section 10.28.150. (Ord. 80-58 §2, 1980). 10.28.200 Parking in space reserved for disabled persons prohibited--Exceptions. (1) Except as provided in subsection (2) of this section, no person shall park a vehicle that is not a marked motor vehicle in a disabled parking space. (2) Subsection (1) of this section does not apply: (a) To a vehicle that is momentarily in a disabled parking space for purposes of allowing a disabled person to enter or leave the vehicle. (b) To any disabled parking space that is subject to different provisions or requirements under city ordinance if the different provisions or requirements are clearly posted. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U 11 d0) gvote of all Council members present after being read by number and title only, this Jj2- day of , 2002. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this /a day of 2002. es E. Gri y Approved as to form: 'ty Attorney ~I►z(0'7. Date L%dWMdd Nbn%1N" b mvLS010.20 pw",Ooc ORDINANCE No. 02f Page 19 Appendix A Parking Regulations To proposed Revisions Main St cific Hwy Recommendattons From pa Comments Remove From code to End Street Bonita TMC # Does Not Exist Remove From Code Title Pine 5t 92 Requires no Hwy 99w 72nd Ave 10 28.090 (2)(B) 10.28.130( } 2 Hour Time Limit 10 28 095 (1) 761h Ave parking on street 2417 Remove From code Twelve Hour Parking Bumham St 50ft Nosh Times 10.28.125 (1} Willa Ridge Does Not Exist Limit the No parking During The building has been removed Remove From Co Code Main St 15ft from Main St ► SM Lines 130 (6) South Side has been removed Remove From CO to just short of No parking Bumham St The building Area From Hwy 99w 106th Ave 10.28.130 (7) 1 Nosh Side no longer exists Remove Parking 150ft Southerly No parking Area of parking Code 72nd Ave Remove From Code 10.28.130 (13) Walnut St South of To End No Parking a Does Not Exist 69th has Revise to restr Dict from Hwy 99w 10.28.130 (15) V1113 Ridg Pacific Hwy to artmouth 69th Ave South of DQV d and has pa►king purham Rd Atderbrook Dr No Parking 1.2a.130 (21) been Imp Remove From ode No Parking erseded by 10.2$•130(33} Durham Rd 98th Ave 10.28.130 (26) Summernetd Sup Remove From Code No Parking Dr erseded by 10.28.130(33) Hwy ggw Grant St 10.28.130 (31) Summerfield 'Sup R or 1m ;ovements have lowed Remove From Code No Parking p Main St Hall Blvd Tigard St in this Area 10.28.130 (36) parking Remove From Code No parking improvements have Allowed Bonita 10.26.130 (38) 175ft From C i- Burham St parking in this Area Bonita Rd Remove From Code No parking 10 28.130(92) Covers the entire 10.28.130 (73) 76th Ave Street No parking 311102 Agenda Item No. S-k,, . 4 Sessib Meeting of 3 IQ . Oa. MEMORANDUM TO: Mayor and Cit Council FROM: Craig Prosse irector of Finance RE: Community Event Grant Requests DATE: March 1, 2002 During the 2001 Budget Committee Meetings, the Mayor and Council requested that they have the opportunity to review community event grant requests prior to the proposed budget being submitted to the Budget Committee. Enclosed are copies of the applications and a summary sheet listing all current community event requests and past allocations. We have received nine (9) community event applications totaling $46,650 in direct contributions. An additional $2,297 is being requested for in-kind support. According to the funding policy of the Budget Committee set in prior years, only $41,215 is available for these grants. On December 18, 2001, Council approved three resolutions guaranteeing base funding to three sponsored community events - Festival of Balloons, Broadway Rose and Tigard 4t' of July. Together the guaranteed funding for these three events is $27,500. After removing the guaranteed funding requests, a total of $13,715 remains to be distributed amongst the 6 other applicants. The total amount requested from these applicants is $19,150. Therefore, the remaining requests will need to be reduced by a minimum of $5,435 to stay within the budget set for community event grants. Staff is requesting that the Mayor and Council review the event requests and give recommendations on which requests should receive full, partial or no funding. The final funding decisions will be made at the Budget Committee meetings in May. CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OR 97223 503-639-4171 FY 2002-03 COMMUNITY EVENTS FUNDING REQUEST Event Name: Tigard Public Mural Address: 12828 SW Walnut Street Tigard, OR 97223 Contact: Chris Lewis, ART Resources of Tigard, Chair Telephone Number 503-590-5890 1. Total Request $7,500 Cash 2. Purpose of Funding Request For the design, development and coordination of a public mural in downtown Tigard. 3. Please submit the following with this request: a. Detailed budget - ART is a volunteer only organization with no overhead or paid representatives. As such, we have no organizational budget. Instead, we are supplying an actual budget from a project we oversaw in 2001 for your reference. a b. Audit report or financial statements for the last fiscal year - Not applicable. c. 501(c)(3) status - Pending, papers have been filed, awaiting TIN. d. Organization Bylaws - Included A-D r-P arts resources of Ard The mission of ART is to facilitate all forms of artistic expression in the Tigard Community. February 7, 2002 Honorable Mayor Jim Griffith City Council Members City of Tigard RE: Budget Request for ART Public Mural Project Dear Mayor and Councilmembers, On behalf of the Art Resources of Tigard (ART) organization, please consider this letter formal request for consideration for City of Tigard funds to develop a community Public Mural. ART is seeking an $7,500 grant from the city to complete the public art project described herein. The ART organization has been in communication with City Council and staff regarding the development of a public art program as well as for this specific endeavor since early 2000. The following pages are a summary of project information previously shared with city staff, along with new information from which we hope you can base a decision regarding funding. I. BACKGROUND On January 18, 2000, City staff made a report to City Council regarding a proposal to produce a large public mural near Tigard and Main Streets. At that time, Council directed staff to gather information about successful mural projects in the other communities to aid in determining if that type of initiative would be suitable for Tigard. The results of that information gathering were presented at the March 13, 2001 City Council meeting. In June of 2001, an survey was included in Cityscape to assess the community's thoughts about different forms of art. Response to the survey was promising. Of those that responded: ■ 72% have lived in communities that offered active arts programs ■ 56% participated in those arts programs ■ 76% believe that art programs contributed to the quality of life in those communities, and ■ 54% feel that Tigard does not have adequate art or cultural opportunities Projects such as the proposed mural provide opportunities for the City to partner with other Tigard organizations and residents, provide an aesthetically pleasing element to a central location in Tigard and give the community an opportunity to take part in an artistic creation that many will enjoy. Since these discussions commenced in 2000, ART has established a board of directors, filed for non-profit status and held a successful poster competition for CF Tigard. Council has consistently expressed support of the concept of community art Projects and ART would like to make the City of Tigard's first public art project a reality. II. ART LEADERSHIP ART is led by a board of directors that represent a cross section of the Tigard residential and business community and have either a professional or personal interest in a broad range of arts. A list of ART committee members and supporters is attached. Ill. THE MURAL PROJECT In recent years, Council has had several goals that this public mural initiative project could help achieve. First, the City of Tigard has aspired to improve the downtown commercial district to attract more visitors to the area. Additionally, the city has sought different ways that individuals could become more involved in their community through volunteerism. A third goal has been focused students and education. We believe that this project would provide opportunities to positively impact each of those three areas while at the same time promoting art in public spaces with a minimal investment Comprised of a team of local residents, business people, students, and artists, ART seeks to further promote the initiative of fostering public art in Tigard by overseeing the design and development of a mural in the downtown Tigard area. Members of the Tigard community would have the opportunity to participate in many facets of this project though coordination by ART leadership. A high level project outline is included with this application. V. ESTIMATED COSTS Project Manager and Administrator $4,000 Artist $4,000 Prelimina Design and Prototype $750 Materials - Paint $1,750 Materials - Paintin Equipment $2,500 Scaffold in /Li htin $1,000 Insurance $1,000 TOTAL $15,000 VI. FUNDING RESOURCES ART's goal is to obtain ■ 50% of this funding through a city grant 25% from additional community contributions and major businesses 25% in in-kind donations VII. ESTIMATED TIMELINE This effort will require 9 months to complete from the date the project commences. Our plan is to commence detailed planning and artist selection criteria July 1, 2002 with an estimated completion of April, 2003 and to coincide the dedication of this project with a major city event. IX. CONCLUSION ART thanks the Council for their consideration. We would be happy to have a representative available at the appropriate budget hearing or Council meeting to answer any questions if necessary. Regards Chris Lewis Chair ART Resources of Tigard ART Resources of Tigard PRELIMINARY PROJECT OUTLINE Public Mural Initiative February, 2002 1. Proposed Public Art Project - Public Mural This goal of this initiative is to contribute to the Tigard Beyond Tomorrow Community Character and Quality of Life Goal while also providing a means of involving citizens in the life of the community. II. Site The east facing wall of the Chamber of Commerce building on Main Street, overlooking the railroad tracks and planned commuter rail. This site will be highly visible to those visiting the heart of Tigard's downtown area and to those passing through our city by the train. Ill. Community Involvement 1. Artist Selection Panel will be composed of. ■ Local citizens ■ Artists ■ Representatives of the school district ■ Representatives of the business community ■ City of Tigard 2. Execution of the piece: ■ Efforts will be made to include some public involvement in the creation of the mural. 3. Fund raising efforts to include ■ Request grant from City of Tigard ■ Grants or donations ■ Gifts-in-kind ■ Fund raising events IV. Mural Development Process - High Level 1. Establish an artist Selection Panel - Selection Panel will: ■ Define goals and implement of the project management guidelines ■ Determine scope of community involvement Identify suitable mural types for the site ■ Invite artists to apply, or oversee an open competition ■ Interview candidate artists Enter into a contract with the selected artist 2. Develop a list of candidate artists and invite them to apply, or announce an open competition. (Note, the latter option will extend the time line of the project by three months.) 3. Interview artists 4. Commission preliminary sketches from leading candidates 5. Select the artist and enter into a contract. 6. Artist to complete the mural design process 7. Design and execute the mural with organized community assistance. 8. Organize dedication and celebration, ideally in conjunction with a larger community event 9. Evaluate the project, prepare project completion report. A successful project could lead to additional public art projects using different media, in different locations, additional student and citizen involvement. V. Estimated Timeline 1. Form Selection Panel June 1,2002 2. Solicit Applications October 1, 2002 3. Conduct Artist Interviews November 1, 2002 4. Evaluate Prelimina Sketches December 1, 2002 5. Select Artist January 1, 2003 6. Complete Mural Aril 1, 2003 VI. Estimated Budget Administrative Costs $4,000 ($20.00 per hour x 200) Project Coordination ■ Legal Contract Review ■ Site Preparation Volunteer Coordination Public Relations ■ Correspondence Artist $4,000 Preliminary Design and Prototype $750 Materials - Paint $1,750 Materials - Painting Equipment $2,500 Scaffold in /Li htin $1,000 Insurance $1,000 TOTAL $15,000 i ' VI. Community Partners i ■ Tigard-Tualatin School District 23-J ■ Tigard Area Historical and Preservation Association ■ Tigard Chamber of Commerce y ■ Tigard area service organizations ART Art Resources of Tigard C. E. Tigard Elementary School Fund-Raiser Budget- 2001 Cost: 20 frames ar $63.00 ea = $13,260 Printing of 1000 copies = $1,000 Scholarship 1" place = $ 200 Scholarship 2°d place = $ 100 Shining Star Tables (2) _ $ 700 $3,260 Donations: Cash $13,970 In Find $13,290 $3,260 A list of individual contributors can be given per request. ART Art Resources of Tigard BYLAWS ARTICLE I: PURPOSE The organization shall be operated exclusively for charitable, Literary, educational and artistic purposes. Subject to the limitations stated in the Articles of Incorporation, the purposes of the corporation shall be to engage in any lawful activities, none of which are for profit, for which corporations may be organized under chapter 65 of the Oregon Revised Statues( or its corresponding future provisions) and Section 501©(3)of the Internal Revenue Code of 1954 (or its corresponding future provisions) This corporation's primary purpose shall be to facilitate all forms of artistic expression in the Tigard Community. ARTICLE 11: NONMEMBERSHIP This corporation shall have no members. ARTICLE III: BOARD OF DIRCETORS Section 1. Duties. The affairs of the corporation shall be managed by the Board of Directors. Section 2. Number. The number of Directors may vary between a minimum of 5 and a maximum of 15. Section 3. Terms and Elections. The term of office for Directors shall be two years. Initial directors will serve one to two years, terms to be staggered. A Director may be re-elected without limitation on the numbe*t of terms he/she may serve. The Directors shall elect their own members, except that a Director shall not vote on his/her own position. Nominating committee will be named by the Chairperson at the October meeting to nominate prospective officers and committee chairs. Election of new officers and committee chairs to be in December. Section 4. Removal. Any director may be removed, with or without cause, by a vote of two-thirds of the Directors in office. Section 5. Vacancies. Vacancies on the Board of Directors and newly created board positions will be filled by a majority vote of the Directors then on the Board of Directors. Section 6. Regular meetings of the Board of Directors shall be held at the time and place to be determined by the Board of Directors. No other notice of the date, time, place, or purpose of these meetings is required. Any interested person may attend these meetings. Section 7. No Salary. Directors shall not receive salaries for their Board services, but may be reimbursed for expenses related to Board serve. a ARTICILE IV: COMMITTEES Section 1. Executive Committee. The Board of Directors may elect an Executive Committee. The Executive Committee shall have the power to make ongoing decisions between Board meetings and.shall have the power to make financial and budgetary decisions. Section 2. Other Committees. The Board of Directors may establish such other committees as deems necessary and desirable. Such committees may exercise functions of the Board of Directors or may be advisory committees. Section 3. Limitations on the Power of Committees. No committee may authorize payment of income or profit of organization to its Directors or Officers; may approve dissolution, or transfer of all or substantially all the organization's assets; may elect, appoint, or remove directors or fill vacancies on the board or any of its committees; may not adopt, amend, or repeal the Articles, Bylaws, or any resolution by the Board of Directors. ARTICLES V: OFFICERS Section 1. Titles. The officers of this Organization shall be the Chairperson, Vice Chair, Secretary and Financial Officer. Section 2. Election. The Board of Directors shall elect the Officers to serve a two year term. The vacancy of a Officer position shall be filled not later than the next regular meeting. Section 3. The duties of the Chairperson shall be: A.) To schedule meetings. B.) To prepare the agenda C.) To preside at the meetings D.) To be the spokesperson for the Organization The duties of the Vice Chair shall be: A.) To assume the duties of the Chair in the Chairs absence B.) To Coordinate all standing committees The duties of the Secretary A.) To facilitate the production and distribution of executive committee minutes. B.) To handle correspondence The duties of the Financial Officer A.) To keep an accurate and complete accounting of donated funds. B.) To report monthly basis to Executive Board. ARTICLE VI: AMENDMENTS TO BYLAWS These bylaws may be amended or repealed, and new bylaws adopted, by the Board of Directors, by majority vote of the directors present, if a quorum is present. Prior to the adoption of the amendment, each director shall be given at least two days notice of date, time, and place of the meeting at which the proposed amendment is to be considered, and notice shall state that one of the purposes of the meeting is to consider a proposed amendment to the bylaws and shall contain a copy of the proposed amendment. aw{,«a r~~a` ` 2001-2002s an ART Suppo~ers4~x"r ti'd~ count l C K 'latest=" HS Site j k,.~,~^A e , fln• Nag Board T , Chambe st atilt Music est Coast r Liaison Role`;{ W ittee; e' ° BART Chair neral Inc, Parente Sybase, Ge ;ISE ART.gXecutive Commf a ` Director Writing j' Lewis ART finance Music, ilrtio- FirsYNarrte. Nrea of'le'gs' Chris Brown Director At Large TTSD, parent SiVlkt. Pam Ammann ;+;jRed~?cY General Artist, Portland at. v Last Natiri-fi and Paintin ICeramics Artist, Portland Sat.Mkt. and Liaison An T BoardMe►ititiers ~pusevoir Ti and Paintin (Ceramics al of 'Ti AR Barb Forrest Ti and General TAHPA Forrest General Comrnuni Theatre Advocate Barb in Ti and Theatre Artist Rob Koe O Susan Palmer Ti and Ceramics Artist, Writer Romans Ti and General Katath Sha iro Tigard Fowler Middle School peborah Thun F TAHPA Lisa •SUpp©e1" .,M y A~?Cmmutni► Baker 11 11 Susan gtod street BI'll usiness Association Burton Main Yvonne cacti Artist William PSO - CF Ti and Jet Davidson Gre Dormer Kate Dunder Wend Dusevoir Barb Horowitz Chamber Director Jud Koe in TAHPA Susan Lewis t Lon Artis, HS Re Chris S. Carol n Palmer Poison Ti and Tualatin School District Kath Rimmerman Tigard Library Jim Jan Stac John Stark-Ha don N Susan Stormant Trish gsries~!~Pp°~" "A Chrisman Picture frames Ri ht An le 1 Southwest Office Su TAHPA Ti and AM Rota Commerce Ti and Chamber of Ti and Libra West Coast BanV tens swam IMIMMMMOW- Cascade Davidson Dining OHM- AGENDA ITEM # FOR AGENDA OF March 13, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on progress toward Public Art in Tigard PREPARED BY: DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCII, A group of community members has been meeting to establish a basis for possible future public art projects in Tigard. Their presentation is intended to inform the Council of progress toward that goal. STAFF RECOMMENDATION City Council continues to be supportive of the concept of public art in the Tigard community. INFORMATION SUMMARY Various community members and representatives of local organizations including Tigard-Tualatin School District 23- J, the Tigard Chamber of Commerce, Tigard Area Historical and Preservation Association, Tigard Central Business District, parents, students, artists and the City of Tigard have continued meeting to discuss various elements of possible public art projects in Tigard. The committee has also been acting as a resource for the Fowler Middle School students who have been researching some possible suggestions for a piece of art on the traffic island at the newly-configured intersection of Walnut and Tiedeman Streets. Representatives of the KISS (Kids In School Service) will present specific information about their efforts. Pam Brown, representing the Public Art Committee of Tigard, will present the update. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. FISCAL NOTES None C \WINNT\TEMPWRTCOUNCILSUM3'01.DOC Public Art The Tigard community would benefit from artworks displayed in a variety of places throughout the area. These works of art would contribute to the local quality of life, and provide opportunities for adult and youth community members to contribute to their city. Background: Approximately 10-15 years ago an existing Tigard - Tualatin arts committee disbanded. Since then, there has been no community-wide group focusing on the development of community art pieces. At the beginning of his second term of office, Mayor Jim. Nicoli enthusiastically articulated a vision of public art in the Tigard community. He foresaw art in several formats including murals, sculpture and movable temporary panels. About that same time, the merchants in the vicinity of Main Street began working together to increase the viability of the businesses in that area including different means of bringing "people into that area. On January 18, 2000, City staff made a report to City Council on the idea of producing a large mural on the concrete panels under Highway 99 where it passes over the railroad tracks near Tigard and Main Streets. Council directed staff to gather information about successful murals projects in the other communities and suggested that other local sites be investigated. The concrete panels under Hwy. 99 were considered too dark and not sufficiently visible except to drivers and pedestrians on Tigard Street. The Council supported the concept of community art projects as opportunities for the City to partner with other Tigard organizations and with individuals, and the possibility of involving citizens who might be attracted to artistic endeavors. Following the Council's direction, the Volunteer Coordinator visited two communities that have had long-term community mural programs and contacted 3 other communities by phone. Everyone contacted in those communities was enthusiastic about the murals in their cities. Consensus was that community members, for the most part, liked the murals - the concept of the large art works, the content and the execution. One community documented an increase in visitors to the part of town where the murals were located. Each community had a citizen committee that made decisions regarding content and location of the artworks, selected the artists and helped i raise the necessary funding. In nearly every instance, the murals were painted on private property. Sometime the property owner signed a contract agreeing to keep the wall and the art in place for a specified number of years and some property owners contributed part of the cost. 3 Last spring, an ad hoc committee in Tigard began meeting periodically to explore a variety of issues involving public art projects. Participants inclw,e representatives of the Tigard-Tualatin School District, the Tigard Chamber of Commerce, the Tigard Central Business District, Tigard Area Historical Preservation Association, 2 local artists, an art teacher, parents of local school children and, recently, 2 students from Fowler Middle School. All members of the ad hoc committee enthusiastically support moving forward with an initial project. Criteria are being recommended, and sites and possible content have been suggested. Outcomes so far include: Philosopher 1. Art is important throughout an individual's life and throughout the life of a community. 2. Art projects could be opportunities to involve community members in a variety of ways; perhaps in the research, design, execution, funding, or the maintenance of the piece. The extent.and type of involvement would vary depending upon the project and the artist. 3. Art projects are opportunities for mentorship, intergenerational activity, and the success of individuals, groups and the community as a whole. 4. Each arepiece can be seen as a project in itself as well as part of a broader program of public art in Tigard. 5. A community-based selection committee would be responsible for selecting the artist, content, location and medium of each piece. City of Tigard's Role: 1. Provide a staff liaison to serve as an active member of the ad hoc committee. 2. When appropriate, allow participation of a staff person who can provide technical information regarding municipal codes, ordinances and other legal requirements. 3. If an art piece is considered for placement on public property, participate in decisions regarding site preparation, security and maintenance. 4. Provide financial or in-kind support, if requested 5. Provide publicity through the Cityscape and reports from the community-based committee in the public forum of City Council meetings. Criteria for art work: 1. Content would reflect the history, character and uniqueness of Tigard 2. Art could be permanent, long lasting or temporary 3. Art could be placed on private or public property 4. Finished projects would be professional in appearance and a source of pride for the community. 5. Continuity among individual pieces could still incorporate a variety of styles and media. 6. Project development will consider the need for maintenance of the piece. Possible sites: 1. Large highly visible blank walls on private property for murals (example: the Tigard Sub Shop on Main Street) 2. Traffic island on Walnut and Tiedeman intersection 3. Concrete supports under Hwy 99 at Tigard Street 4. Buildings on Hwy 99, such as Grange and the old TTSD Administration Building 5. Right-of-way sites where travelers enter or exit Tigard for portal signs 6. Sculpture in parks Resources: (funding, supplies, equipment, talent, labor, in-kind donations) 1. Local businesses and service groups 2. Tigard-Tualatin School District, including the Art-After-Hours program 3. Local artists 4. County and Regional resources such as Regional Arts and Culture Council 5. City of Tigard 6. Additional sources as yet unknown Suggested tasks for 2001 1. Conduct a community survey: Although the committee participants are excited and supportive of the idea of public art, a community-wide survey would elicit comment and, hopefully, participation from the larger population. The survey could be distributed in and issue of Cityscape. 2. Encourage the Fowler Middle School students to continue developing an idea for a piece of art on the Walnut/Tiedeman traffic island including working with City of Tigard and Tigard-Tualatin School District staff. 3. Begin researching a large public mural reflecting Tigard's primary streets and buildings as they appeared in the early 1900's. 4. Investigate the advantages and disadvantages of forming a non-profit organization specifically for the future development of public art in Tigard. Council Goal: The City of Tigard will coordinate the efforts of a community-based Public Art Committee to develop public art in Tigard. CAWINWRTEMMOUNCIL GOAL VO7.DOC THE PROAD~,~Ay zwa THEATRE COMPANY January 15, 2002 Craig Prosser, Finance Director City of Tigard 13125 SW Hall Blvd. Tigard. OR 97223 Dear Craig, Enclosed please find an application for funding from The Broadway Theatre Company in the amount of $10,000. In producing professional summer theatre, the Broadway Rose has been very fortunate to receive tremendous support from its community and is grateful to the City of Tigard for its role in ensuring the availability of affordable professional theatre. The Broadway Rose Theatre celebrated it I& season in 2001 and is thrilled to report a tremendous success. Artistically, the productions exceeded all expectations and ticket sales jumped an extraordinary 43% over the previous summer. The successes of 2001 have prepared us for another big season and we are anxiously looking forward to producing The Will Rogers Follies, Flaming Idiots (a Pacific Northwest premiere) and Forever Plaid. Thank you for your consideration of this application. If you have any questions regarding this application, please don't hesitate to call me at 503-620-5262. Sincerely, Sharon Maroney Artistic Director F. 0. Box 231004 • Tigard, OR 97281 503-620-5262 • Fax 503-670-8512 www.bwayrose.com I - 1111 f CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-639-4171 FY 2002-03 COMMUNITY EVENTS FUNDING REQUEST Event Name: The Broadway Rose Theatre Company 2002 Season Address: PO Box 231004 City, State, Zip: Tigard, OR 97281 Contact Name: Sharon Maroney. Artistic Director Telephone Number: 503-620-5262 1. Request (express in whole dollar amounts only) Cash $ 10,000 In-Kind Services (use of City property, City staff support, $ 0 etc. Please explain the services requested on a separate sheet) Total Request $ 10,000 2. Purpose of Funding Request: Funding from the City of Tigard will support The Broadway Rose Theatre Company's 2002 summer season in residence at the Deb Fennell Auditorium in Tigard. The Broadway Rose is the only professional theatre company in Washington County and will be producing its I ld' season in 2002. The season will include The Will Rogers Follies, Flaming Idiots, and Forever Plaid. In addition, two Children's Theatre productions will be performed, two sessions of Drama Camp will be held and local high school students will be hired as technical and performing interns. 3. Please submit the following information with this request: a. Detailed budget, including FY 2000-01 actual expenditures, FY 2001- 02 Adopted Budget, and FY 2002-03 Proposed Budget. The Budget should identify beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year.** C. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. * * Lack of adequate financial information could result in denial of request. The Broadway Rose Theatre Projected 2002 Dated 1112102 !n-kind Expenses Costumes/Wigs $ 7,800.00 $ 150.00 Sets $ 35,000.00 $ 1,000.00 Royalties $ 17,400.00 Props $ 1,800.00 Lights $ 2,400.00 Sound $ 5,000.00 Housing $ 2,000.00 $ 3,600.00 Administrative $ 70,800.00 $ 37,000.00 s Holiday Show in Tualatin $ 35,000.00 Travel $ 1,770.00 Net wages $ 63,000.00 Orchestra $ 7,650.00 Federal Taxes $ 17,000.00 State Taxes $ 7,000.00 VV.CompAnsuran. $ 11,390.00 Advertising $ 44,160.00 $ 2,000.00 Office $ 4,500.00 $ 3,000.00 Auditions $ 350.00 Telephone $ 2,160.00 Rent/Storage $ 9,400.00 $ 10,000.00 Organis. Dues $ 2,000.00 Bank Fees $ 2,000.00 Concessions $ 1,510.00 Fundraising $ 500.00 Staff Development $ 600.00 Classes $ 1,400.00 Amenities $ 290.00 Development Fund $ 19,870.00 Total Expenses $ 373,750.00 in-kind $ 56,750.00 Revenue Individual Contributions $ 16,000.00 Summer Tickets $ 174,000.00 Holiday Tickets $ 40,000.00 Interest $ 500.00 Performance -promo $ 150.00 Event - Fundraiser $ 3,500.00 Grants $ 69,000.00 Corporate $ 49,000.00 Refunds $ 500.00 Class/Drama Camp $ 6,000.00 Raffle & Souvenirs $ 2,100.00 Concessions $ 3,000.00 Total Revenue $ 3639750.00 Amount requested The City of Tigard $10,000 s The Broadway Rose Theatre Actual 2001 In-Kind EXPENSES Costumes/Wigs $14,454.70 $150.00 Sets $38,605.59 $1,500.00 Royalties $18,871.56 Props $1,685.49 Lights & Sound $5,100.26 Mousing $2,487.53 $3,600.00 Administrative $47,432.75 $37,000.00 Travel $1,758.34 Net Wages $74,840.18 Orchestra $7,965.00 I=ederal Taxes $20,332.50 State Taxes $5,829.03 W.Comp/Insuran. $11,820.20 Advertising $26,350.71 $2,000.00 Qffice $3,674.02 $2,000.00 Auditions $386.00 Telephone $2,257.58 Rent/Storage $10,661.00 $10,000.00 Postage $6,260.72 Organiz. Dues $1,239.00 Bank Fees $2,522.75 Printing $6,967.12 $1,500.00 Concessions $1,389.40 Souvenirs $661.00 Fundraising $237.65 Staff Development $1,007.00 Classes $55.00 Amenities $1,238.32 Raffle $55.69 Development fund $20,000.00 TOTAL EXPENSES $336,146.09 $57,750.00 REVENUE Individual Contributions $14,705.00 Tickets $196,579.45 Interest $632.91 Promo/Rental $725.00 Fundraising Events $1,515.00 Grants $88,790.00 Corporate $48,240.00 Refunds $986.73 Class/Drama Camp $5,737.50 • Raffle $2,343.00 Souvenirs & Concessions $3,748.24 TOTAL REVENUE $364,002.83 CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 543-639-4171 FY 2002-03 COMMUNITY EVENTS FUNDING REQUEST Event Name: % 16440 J/tS-7-,,V4` C - ~/~l LUa~S Address: S 7 S" S liV . A*39 C/ C ✓~W f' 3/ City, State, Zip: - 7 /G 4-2-r,2 0,11 60 7 2 2 Contact Name: 3 &V v clo~ T_ Telephone Number: SU3 5_1 C7 v 1 u4 1. Request (express in whole dollar amounts only) Cash $ /0.,000 In-Kind Services (use of City property, City staff support, $ etc. Please explain the services requested on a separate sheet) Total Request $ 2. Purpose of Funding Request: CIVIC 16 4-,-z 7 1'~;2 f ~ !NJ 7 NV C!1 !/t/~i~2 G/~/a✓1 C F 3. Please submit the following information with this request: a. Detailed budget, including FY 2000-01 actual expenditures, FY 2001- 02 Adopted Budget, and FY 2002-03 Proposed Budget. The Budget should identify beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year.** C. Articles of Incorporation.* d. 501(c)(3) status.* C. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. Lack of adequate financial information could result in denial of request. IM: 1999 2000 (2001 Budget 2001 (2002 Budget 2002 (2003 Budget) Beginning Balance 122.22 5,331.32 5,000.00 4,500.00 5,000.00 3,000.00 5,000.00 Civic and Media Sponsors 94,480 94,965.00 110,000.00 96,500.00 110,000.00 90,000.00 Souvener sales 10,126.00 0 0 0 0 0 Vendors 1,255.00 2,400.00 3,000.00 3,150.00 3,000.00 3,000.00 Carnival 27,290.02 24,860.00 29,000.00 27,800.00 29,000.00 29,000.00 Paarking 7,057.00 7,000.00 7,000.00 7,000.00 7,000.00 5,000.00 Refunds 180.11 0 0.00 0.00 0.00 0.00 City of Tigard 5,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 Total Cash Available 145,510.35 144,556.32 159,000.00 148,950.00 159,000.00 142,000.00 Pilot awards and Housing 17,857.12 23,642.86 25,000.00 19,650.00 25,000.00 25,000.00 Restrooms, Waste water 5,210.00 5,210.00 5,500.00 6,250.00 5,500.00 5,500.00 Field Setup 19,801.53 18,458.62 20,000.00 22,700.00 20,000.00 23,000.00 Entertainment 38,204.95 32,290.00 44,000.00 40,420.00 44,000.00 44,000.00 Security 3,323.18 2,890.00 3,000.00 2,430.00 3,000.00 3,000.00 Insurance 5,685.00 6,659.00 7,000.00 8,000.00 7,000.00 8,300.00 Support Admin. And Fees 13,251.40 11,500.00 8,000.00 10,000.00 8,000.00 11,000.00 Office exp. 7,150.63 8,800.00 5,000.00 4,200.00 5,000.00 4,200.00 Supplies 14,454.51 11,330.00 12,000.00 9,000.00 12,000.00 9,000.00 Misc. 3,245.00 3,890.00 1,000.00 1,000.00 1,000.00 1,000.00 Promo, and Advertising 8,750.71 10,070.66 12,000.00 13,000.00 12,000.00 11,000.00 Dues 125.00 1,125.00 1,200.00 1,250.00 1,200.00 1,200.00 Red Cross/First Aid 1,120.00 1,450.00 1,700.00 0.00 1,700.00 0.00 Donations to charities 2,000.00 11,000.00 10,000.00 8,000.00 10,000.00 8,000.00 TOTAL 140,179.03 148,316.14 155,400.00 145,900.00 0.00 Our tax ID # is 91-1811147 Not For Profit. We are resubmitting our application to the IRS. We have had a board member leave and are in the process of replacing him and will also be making a few changes to our bylaws to reflect the contents of our ageement with the city. INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: MAR 16 2001 91-1811147 DLN: •17053327062000 TIGARD FESTIVAL OF BALLOONS INC Contact Person: 11575 SW PACIFIC HWY #131 LISA M VAN DER SLUYS ID# 95264 TIGARD, OR 97223 Contact Telephone Number: (877) 829-5500 Internal Revenue Code Section 501(c)(4) Accounting Period Ending: December 31 Form 990 Required: Yes Addendum Applies: No Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(a) of the Internal Revenue Code as an organization described in the section indicated above. Unless specifically.excepted, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) for each employee to whom you pay $100 or more.during a calendar year. And, unless excepted, you are also liable for tax under the Federal Unemployment Tax Act for each employee to whom you pay $50 or more during a calendar quarter if, during the current or preceding calendar year, you had one or more employees at any time in each of 20 calendar weeks or you paid wages of $1,500 or more in any calendar quarter. If you have any questions about excise, employment, or other Federal taxes, please address them to this office. If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status. In the case of an amendment to your organiza- tional document or bylaws, please send us a copy of the amended document or bylaws. Also, you should inform us of all changes in your name or address. In the heading of this letter we have indicated whether you must file Form 990, Return of Organization Exempt From Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. If a return is required, it must be filed by the 15th day of the fifth Letter 948 (DO/CG) -2- TIGARD FESTIVAL OF BALLOONS INC month after the end of your annual accounting period. A penalty of $20 a day is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $10,000 or 5 percent of your gross receipts for the year, whichever is less. For organizations with gross receipts exceeding $1,000,000 in any year, the penalty is $100 per day per return, unless there is reasonable cause for the delay. The maximum penalty for an organization witm gross receipts exceeding $1,000,000 shall not exceed $50,000. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file it. You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You are also required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax-Exempt Status for Your Organization, or you may call our toll free number shown above. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. Donors may not deduct contributions to you because you are not an organ- ization described in section 170(c) of the Code. Under section 6113, any fundraising solicitation you make must include an express statement (in a conspicuous and easily recognizable format) that contributions or gifts to you are not deductible as charitable contributions for Federal income tax purposes. This provision does not apply, however, if your annual gross receipts are normally $100,000 or less, or if your solicitations are made to no more than ten persons during a calendar year. The law provides penalties for failure to- comply with this requirement, unless failure is due to reasonable cause. If we have indicated in the heading of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any questions about your exempt Letter 948 (DO/CG) e ~ -3- TIGARD FESTIVAL OF BALLOONS INC status, you should keep it in your permanent records. We have sent a copy of this letter to your representative as indicated in your power of attorney. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, Steven T. Miller Director, Exempt Organizations Letter 948 (DO/CG) MEMORANDUM TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City 00~ RE: City-Sponsored Events DATE: March 4, 2002 All three sponsored events (The Balloon Festival, Tigard 4th of July, and the Broadway Rose Theater) have signed a sponsorship agreement. The sponsored-event organizers requested cash contributions in the amounts "guaranteed" (as referenced in Council resolutions adopted in December 2001): Balloon Festival $10,000 Tigard 4th of July 7,500 Broadway Rose 10,000 A total amount of $2,297 for In-kind amounts were noted requested as follows: Tigard 4th of July $1,600 Tigard Recreation Association 94 Tualatin Riverkeepers 500 Tualatin Valley Community Band 103 Total In-kind requested: $2,297 While not specified in the funding request, it is anticipated the following events will have need for in-kind services and I have listed information relating to those services provided by the City last year: Balloon Festival (see attached detail sheets) Police $ 10,852 Public Works 32,158 Total $43,040 Tigard Blast (see attached detail sheet) Police $ 1,925 (Public Works Dept. delivered and then picked up barricades used for the event. This work was done during the work week - no overtime incurred) I:\NDM\CATHY\EVENTS\IN KIND MEM 02.DOC mmmi 2001 BALLOON FESTIVAL REPORT PUBLIC WORKS HOURS (FRIDAY 3:30am to SUNDAY 6:00pm) Manager (M2 Time) 24.5 hrs $ 962.91 Supervisor 36hrs $ 1,764.93 Sr. Utility 136.75 hrs $ 5,057.18 Utility II 371hrs $12,242.40 WEEKEND TOTAL 568.25 hrs $20,027.42 PUBLIC WORKS PREP AND CLEANUP HOURS PARKS Sr. Utility 119.50 $ 2,863.08 (Includes Acting Supervisor and Urban Forester) Utility II 92.5 $ 2,096.43 Temps. 118.0 $ 1,433.65 Division Total 330 hrs $ 6,393.16 STREETS Sr. Utility 60.0 $1,615.03 Utility II 124.0 $3,007.85 Temps. 79.0 $ 959.81 Division Total 263.0 $5,582.69 WATER Sr. Utility 1.0 $ 27.08 Utility II 1.0 $ 24.77 Temps. 2.5 $ 30.37 Division Total 4.4 $ 82.22 STORM Utility II 3.0 $ 72.75 i Division Total 3.0 $ 72.75 ALL DIV. TOTAL 600.5hrs $12,130.82 TOTAL LABOR 1,168.75hrs. $32,158.24 TI LI MEMORANDUM TIGARD POLICE DEPARTMENT DATE: 6/19/01 TO: CHIEF GOODPASTER FROM: LT. DEVENY SUBJECT: 2001 TIGARD BALLOON FESTIVAL STAFFING/COST REPORT TOTAL STAFFING HOURS FOR TIGARD FTE 336 HRS TOTAL FTE OVERTIME HOURS 219 HRS TOTAL TIGARD RESERVE HOURS 126 HRS TOTAL OUTSIDE AGENCY HOURS 416 HRS TOP PATROL RATE $22.63 67 HRS $1516.20 TOP PATROL OVERTIME RATE $34.00 178HRS $ 6052.00 NON SWORN OVERTIME $24.00 41 HRS $ 984.00 MANAGEMENT M-2 $33.00 50 HRS $ 1650.00 TOTAL STAFFING COST $ 10202.00 SUPPLIES 150.00 BEVERAGES/GATOR RENTAL 500.00 EVENT COST $ 10852.00 OUTSIDE AGENCIES- Beaverton PD 92hrs Wash Co. SO 81 hrs Sherwood PD 44hrs Scappoose PD 36hrs Hillsboro PD 35hrs Tualatin PD 30hrs PNSWR 28hrs WCCCA 22hrs Newberg PD 18hrs Gladstone PD 18hrs Gresham PD 12hrs Tigard Blast August 2001 - In-Kind Expenditures Friday 08-03 1800- 2300 hrs Ofc. Davis 5 hrs. OT @ $34.00 = $170.00 Res. Ofc. Quinby 5 hrs. non -paid Sgt. Kaufman 5 hrs. OT @ $46.81 = $234.05 Saturday parade detail 0800-1100 hrs. Sgt. Kaufman 3 hrs OT 0$46.81 = $140.43 Ofc. Morse 4 hrs OT @ 34.00 = $136.00 Ofc. Duncan 4 hrs OT @ 34.00 = $136.00 Res Sgt Granger 3 hrs - non paid Res Ofd. Wesel 3 hrs - non paid Res Ofd. Peters 3 hrs - non paid Res Sgt. Meinhart 3 hrs - non paid Res Ofc. Weber 3 hrs- non paid Foot patrol detail 1100-1300 hrs Sgt. Kaufman 2.5 hrs OT @$46.81 = $117.02 0900-1400 hrs. Ofc. Eskew 5 hrs OT @ $34.00 = $170.00 Ofc. Wommack 5 hrs OT @ $34.00 = $170.00 1345-1800 hrs. Ofc. Carmon 4 1/4 hrs OT @34.00 = $144.50 Ofc. Gill 4 114 hrs OT @34.00 = $144.50 1745-2300.hrs. Res. Lt. Freedland 5 1/4 hrs non-paid Res Sgt. Meinhart 5 1/4 hrs non-paid Res Ofd. Quinby 5 1/4 hrs non-paid Res Ofc. Peters 5 1/4 hrs non-paid Sunday August 5 1000-1400 hrs. all officers on regular duty time j Ofc. Duncan 4 hrs. @ 22.63 = $90.52 Ofc. Grahn 4 hrs. @$22.63 = $90.52 1400-1800 hrs. all officers on regular duty time Ofc. Grahn 4 hrs. @$22.63 = $90.52 Ofc. Napieralski 4 hrs @$22.63 = $90.52 TOTALS 99 * $1,924.58 (*Note: $362.08 was regular duty; remainder was overtime.) ME CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-639-4171 FY 2002-03 COMMUNITY EVENTS FUNDING REQUEST Event Name: T7G/9/10 ,c3P0,,9 s7- 77GAi10 C~ NT/li9G i.~dsi.Jtss /~isr~i~.- /~ss.✓, Address: r k.1 /JJR~~ . City, State, Zip: Contact Name: T Yz ~~2 G Gc 6NsotiJ le Telephone Number: 45-0.5, - G 39 -ss 6W.7 - 6 zs~ z 9 75- 1. Request (express in whole dollar amounts only) Cash $ 67, 0 0 0 In-Kind Services (use of City property, City staff support, $ etc. Please explain the services requested on a separate sheet) Total Request $ 2. Purpose of Funding Request: ~d ~ J itl u1.✓ CdC=/r/T 3. Please submit the following information with this request: a. Detailed budget, including FY 2000-01 actual expenditures, FY 2001- 02 Adopted Budget, and FY 2002-03 Proposed Budget. The Budget should identify beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year.** C. Articles of Incorporation.* d. 501(c)(3) status.* C. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. Lack of adequate financial information could result in denial of request. mmmmi Tigard Central Business Association, Inc. A Not for Profit Corporation FIN 93-1268974 (503) 624-2975 First Bank of Tigard Building 12420 S. W. Main Street Tigard, Oregon 97223 February 4, 2002 Mr. Craig Prosser Finance Director City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Dear Craig, The Board of Directors of Tigard Central Business District Association, Inc., a Not for Profit Corporation, submit this letter with enclosures our Funding Request for the Fiscal Year 2002 - 2003. To the criteria for funding, we submit the following comments: (1) The Tigard Blast celebration is primarily for Tigard area residents (2) This event is open to all citizens (3) We stress a family oriented type of celebration on this annual event, with effort to provide quality entertainment and activities (4) With one annual event successfully accomplished by this organization, we feel that the event has proven to be valuable to the community, and very affordable for the city and the citizens attending (5) As with item (4), the Board of Directors feel that our success for one year, and the records we have kept, demonstrate an ability to reach our goals and keep within reasonable budget commitments (6) Financial Statements are prepared and submitted. Craig Prosser City of Tigard February 4, 2002 Page 2 (7) The Funding Request per our previous agreements with the City of Tigard are based upon the encouragement our of other sources of revenue. We hope you find the information contained herein to be adequate for the City's budgeting purposes. We also hope you look District forward to enjoying each year's event as much as we look forward to putting it on. Last year, the City of Tigard approved an award of $ 5,000.00 for the 2001/2002 fiscal year. For the fiscal year 2002/2003, the Board of Directors of Tigard Central Business District Association, Inc. requests $ 5,000.00 in contribution from the City of Tigard. This is the same as was approved last year and we find it to be an adequate amount to ensure the success and continuation of the Tigard Blast celebration. With regards to City in-kind contributions, we have identified the following impacted areas: Public Works - estimated costs have not been determined Police Department - The Police Department is advised of the event and incurs cost for what primarily is traffic control after the event. Officers are present during the event more for public relations than for any policing requirements. We support the Officers presence, making some very important contacts with the citizens and youth in particular. Administration - estimated costs have not been determined Should have questions about any of the above, please contact me for assistance. Sincerely, R. Michael Marr Treasurer RMM/dbm Enclosures CC: Board Members TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION December 31, 2001 GENERAL LEDGER - GENERAL FUND 2001 Period Date Ck/JE Description Account Debit Credit Change Year to Date Tigard Blast Revenue & Expense Summary from General Ledger 2001 Revenue (16,118.19) Blast (Sponsor) Revenue (700.00) Blast (Food Vendor) Revenue (2,025.00) Blast (Vendor) Revenue (6,817.50) Blast Other Total Revenue (25,660.69) Expense 8,274.00 Entertainment Expense - 1,003.26 Blast T-Shirts Expense 410.00 Security Expense 47.56 Supply Expense 100.00 Misc. Expense 1,867.92 Advertising Expense 6,322.50 Equipment Rental Expense 585.34 Electrical Rental Expense 871.00 Sanitation Total Expense 19,481.58 Net Revenue (Gain) Loss (6,179.11) I~ i 11111111112 1 CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-639-4171 FY 2002-03 COMMUNITY EVEN'T'S FUNDING FEQUEST Event Name: 7267,V19,0 4"7_ Z "s~2sg 770.1 Address: TiG.giro 4l r.~ D.~ t,TdG y ✓N<. City, State, Zip: Contact Name: eW We oW4'10.e Telephone Number: ".07 - G IV 1. Request (express in whole dollar amounts only) Cash $ ?1 d In-Kind Services (use of City property, City staff support, $ 6 oa etc. Please explain the services requested on a separate sheet) e± Total Request 2. Purpose of Funding Request: h/r.:~ O ~ tiT`'~~.. GAG ~ ~ .e~~n o,✓ 3. Please submit the following information with this request: a. Detailed budget, including FY 2000-01 actual expenditures, FY 2001- 02 Adopted Budget, and FY 2002-03 Proposed Budget. The Budget should identify beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year.** C. Articles of Incorporation.* d. 501(c)(3) status.* C. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. Lack of adequate financial information could result in denial of request. Tigard 4th of July, Inc. A Not for Profit Corporation FIN 93-1031978 (503) 624-2975 First Bank of Tigard Building 12420 S. W. Main Street Tigard, Oregon 97223 February 2, 2002 Mr. Craig Prosser Finance Director City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Dear Craig, The Board of Directors of Tigard 4th of July, Inc., a Non Profit Corporation, submit this letter with enclosures as our Funding Request for the Fiscal Year 2002 - 2003. To the criteria for funding, we submit the following comments: (1) The Tigard Old Fashioned 4th of July Celebration is primarily for Tigard area residents; we do not advertise outside of the area. (2) This event is open to all citizens, with the only restrictions being no alcoholic beverages, no smoking, and no personal fireworks. (3) We stress a family oriented type of celebration on this annual event, with effort to provide quality entertainment, a family/community style picnic atmosphere, and public opportunity to participate at no cost (unless they should desire to purchase snacks at very reasonable prices, the proceeds going toward the subsequent year's event). (4) With fifteen annual events successfully accomplished (first was in 1987), we feel that the event has proven to be valuable to the community, and very affordable for the city and the citizens attending. (5) As with item (4), the Board of Directors feel that our success for fifteen years and the records we have kept demonstrate an ability to reach our goals and keep within reasonable budget commitments. (6) Financial Statements are annually prepared and submitted. Craig Prosser City of Tigard February 2, 2002 Page 2 (7) The Funding Request per our previous agreements with the City of Tigard are based upon the encouragement our of other sources of revenue. We hope you find the information contained herein to be adequate for the City's budgeting purposes. We also hope you look forward to enjoying each year's event as much as we look forward to putting it on. Last year, the City of Tigard approved an award of $ 7,500.00 for the 2001/2002 fiscal year. We will be seeking some or all of the $ 7,500.00 in June of 2002. For the fiscal year 2002/2003, the Board of Directors of Tigard 4`h of July, Inc. requests $ 7,500.00 in contribution from the City of Tigard. This is the same as was approved last year and we find it to be an adequate amount to ensure the success and continuation of the 4th of July Celebration. With regards to City in-kind contributions, we have identified the following impacted areas: Public Works - If the City Public Works personnel prepare the fireworks firing trench, I have been previously advised that the estimated cost is $ 400 (1999 $ subject to indexed adjustment). Police Department - The Police Department is advised of the event and incurs an estimated $ 1,200 (1999 $ subject to indexed adjustment) of cost for what primarily is traffic control after the event. Officers are present during the event more for public relations than for any policing requirements. We support the Officers presence, making some very important contacts with the citizens and youth in particular. Administration - Insurance for the event is accomplished by a rider to the City's existing policy. Loreen Mills has advised that there is no additional charge for this rider. Should have questions about any of the above, please contact me for assistance. Sincerely, R. Michael Marr Treasurer RMM/dbm Enclosures CC: Board Members TIGARD 4TH OF JULY, INC. Statement of Assets, Liabilities, & Fund Balance (Unaudited) December 31, 2001 Current Year 12 Mo. Period To Date 1000 ASSETS 1450 Cash - Non Interest Bearing 1451 Petty Cash 0.00 0.00 1452 General Checking Account 1,481.71 5,864.73 1460 Savings & Temp. Investments 1461 Savings 0.00 0.00 1470 Accounts Receivable 1471 Accounts Receivable 0.00 0.00 1476 (Uncollectabie Allowance) 0.00 0.00 1480 Pledges Receivable 1481 Pledges Receivable 0.00 0.00 1486 (Uncollectable Allowance) 0.00 0.00 1490 Grants Receivable 1491 Grants Receivable 0.00 0.00 1500 Recievables from Related Parties 1501 Receivables from Directors 0.00 0.00 1510 Other Receivables 1511 Notes Receivable 0.00 0.00 1516 (Uncollectable Allowance) 0.00 0.00 1520 Inventories For Sale or Use 1521 Inventories For Sale or Use 76.59 76.59 1530 Prepaid Expenses / Deferred Charges 1531 Prepaid Expenses 0.00 0.00 1540 Investments - Securities 1550 Investments - Assets 1560 Investments - Other 1570 Equipment 1571 Equipment 0.00 0.00 1576 (Accumulated Depreciation) 0.00 0.00 1580 Other Assets TOTAL ASSETS 1,558.30 5,941.32 2000 LIABILITIES 2600 Accounts Payable & Accrued Exp 2601 Accounts Payable 0.00 0.00 2610 Grants Payable 2611 Grants Payable 0.00 0.00 2620 Revenue Designated (Future Per.) 2621 Revenue Designated 0.00 0.00 2630 Loans from Related Parties 2631 Loans from Directors 0.00 (1.88) 2640 Mortgages/Notes Payable 2641 Notes Payable 0.00 0.00 2650 Other Liabilities 2651 Other Liabilities 0.00 0.00 Total Liabilities 0.00 (1.88) 1 TIGARD 4TH OF JULY, INC. Page 2 Statement of Assets, Liabilities, & Fund Balance (Unaudited) December 31, 2001 Current Year 12 Mo. Period To Date 3000 FUND BALANCES 3670 Current Funds 3671 Unrestricted Funds 0.00 0.00 3676 Restricted Funds 0.00 0.00 3680 Equipment Fund 3690 Endowment Fund 3700 Other Fund 3710 Capital Stock or Trust Principal 3711 Capital Stock 0.00 0.00 3720 Paid In or Capital Surplus 3730 Retained Earnings / Accumulated Income 3731 Retained Earnings > 01/01/2001 0.00 (4,381.14) 3732 Current Earnings > 12/31/2001 (1,558.30) (1,558.30) Total Fund Balance (1,558.30) (5,939.44) TOTAL LIABILITIES & FUND BALANCE (1,558.30) (5,941.32) (0.00) 0.00 Footnote: Undetermined @ time of this publication: Coca Cola Bottling Co. refund Footnote: Excess Ice Cream Bars and Popsicles donated to DARE Summer Camp Footnote: 2 • L TIGARD 4TH OF JULY, INC. Statement of Revenue & Expense (Unaudited) December 31, 2001 Current Year 12 Mo. Period To Date 4000 INCOME 4010 Contributions, Gifts, Grants 4011 Direct Public Support (4,465.80) (4,465.80) 4012 Indirect Public Support 0.00 0.00 4013 Government Grants (9,100.00) (9,100.00) 4020 Program Service Revenue 4030 Membership Dues / Assessments 4040 Interest Earnings 4050 Dividends / Interest on Securities 4060 Net Rental Income 4061 Gross Rents 0.00 0.00 4066 Rental Expenses 0.00 0.00 4070 Other Investment Income 4080 Gain / Loss from Sale of Assets 4081 Gross Sale Amount 0.00 0.00 4086 Cost/Expense 0.00 0.00 4090 Fundraising Events 4091 Gross Revenues 0.00 0.00 4096 Direct Expenses 0.00 0.00 4100 Gross Profit from Sales 4101 Gross Sales Less Returns (1,177.40) (1,177.40) 4106 Cost of Goods Sold 1,367.68 1,367.68 4107 Cost of Goods Sold 0.00 0.00 4108 Cost of Goods Sold 85.00 85.00 4110 Other Revenue Total Revenue (13,290.52) (13,290.52) 6000 EXPENSES 6130 Program Service Expenses 6131 Tigard 4th Celebration 11,689.24 11,689.24 2111 6140 Management & General Expenses 6141 Bank Service Charges 0.00 0.00 6142 Miscellaneous 42.98 42.98 6150 Fundraising Expenses 6151 Miscellaneous 0.00 0.00 6160 Payments to Affiliates Total Expense 11,732.22 11,732.22 (Excess) or Deficit (1,558.30) (1,558.30) 3 ' ` i SUBmr TFY- ORKm SEOWTARY OF STATE THIS SPACE FOR OFFKE USE OMY AND ONE TRUE 00PY CORPORAMVDI WaV (83L11S) $10.00 M ]?lh SM NE F I L E D Salan OR 973100210 IN THE OFFICE OF THE SECRETARY OF STATE Of THE STATE OF OREGON Regist>y Number. NOV 05 1990 aayy54q--df~ ~ .10MCH (Office Use Only) CORPORATION DIVNION MEASE TYPE OR PPMW IBGIB Z IN BLUM INK 'h10V. U 8 199 Article 1: Nam of the coYpOration: TIGARD 4TH OF JULY, INC. Article 2: Type of Corporation is: (chuck case only) ~ © Public Benefit A e y Matual Benefit Religious Article 3: Nam of the initial registered agent: R. MICHAEL NIARR Residence or Office address of registered agent.. (Must be a s xeet address in ' Oregm) 12420 S. W. Main Street Tigard, ORD(IT 97223 Street and Number City Zip Code Article 4: Principal office address: 12420 S. W. Main Street Tigard, OREGCN 97223 Street and Number or PO Beat City Zip Code Article 5: ITldicate if Corporation will have members: Yes 0 NO Article 6: Distri ution of assets on Dissolution or Final Liquidation: Satisfaction of all remaining obligations, and, the balance may be donated to one or more non-profit / non-political local organizations at the discretion of the Board of Directors and in accordance with all Federal and State regulations. NP-1 (8/89) Page 1 of 2 ,Q'IQ.1:4 o F I IT C Page 2 Name of Corporation: TIGARD 4TH OF JULY, INC. Article 7: I3ame and address of each director (opticnal) : Article 8: E] Each director named has ccnsented to this appointmerrt. Article 9: Optional provisions: Article 10: Name and address of the inooxporator: R. MICHAEL MARR 12420 S. W. Main Street 11-ard, Oregon 97223 E wcution: Michael Marc IWORPORATM Signature Printed Name Title _ Person to contact about this filing: Mike Purr 639-1656 Nam- Daytime phone number Make checks payable to the Corporation D7iv.sion. Submit the ca pleted fora and fee to: Corporatican Division, 158 12th Street NE, Salem, Oregon 97310-0230. If you have any questions, please call (503) 378-4166. NP-1 (8/89) Page 2 of 2 CP 575 DATE OF THIS NOTICE: 07-05-90 EMPOYER AXLPERIODDENDING* IOA NU;18ERt 93-Y031978 1;*OGDEN, Department of the Treasury T InternalRevenueService 2921606636 0 UT 84201 C 0, P y For assistance you may call us at: 221-3960 LOCAL PORTLAND 1-800-424-1040 OTHER OR TIGARD 4TH OF JULY INC R MICHAEL MARR 12 4 2 0 SW MAIN ST Or you may write to us at the address TIGARD OR 97223 shown at the left. if you write, be sure to attach the bottom part of this form. TAX FORMS YOU MUST FILE= Notice of New Employer Identification Number Assigned Thank you for your Form SS-4, Application for Employer Identification Number (EIN). The number assigned to you is shown above. This number will be used to identify your business account and related tax returns and documents, even if you do not have employees. 1. Keep a copy of this number in your permanent records. 2. Use this number and your name exactly as shown above, on all Federal tax forms. 3. Use this number on all tax payments and tax related correspondence or documents. Any variation used when filing tax returns, making FTD payments or subsequent payments may result in improper or delayed posting of payments to your account and/or the assignment of more than one EIN. The filing requirement(s) and tax period shown above have been established for your account based on information contained on your Form SSA. If you are a trust, your tax year generally must be a calendar year, unless you are exempt from taxation under section 501 (a) of the Internal Revenue Code or a charitable trust described in section 4947(a)(1) of the Code. To help you to determine your required tax year, you may obtain Publication 538, Accounting Periods and kAethods. This publication is available at most IRS offices for more information. Please note that the assignment of this number does not grant tax-exempt status to nonprofit organizations. Any organization (other than a private foundation) having annual gross receipts normally of $5,000 or less is exempt by statute if it meets the requirements of Section 501(c)(3) of the Internal Revenue Code. These organizations are not required to file Form 1023 (Application for Recognition of Exemption) or file Form 990 (Return of Organization Exempt from Income Tax). However, if the organization wants to establish its exemption with the Internal Revenue Service and receive a ruling or determination letter recognizing its exempt status, it should file Form 1023 with the key district director. For details on how to apply for this exemption, see I RS publication 557, Tax-Exempt Status for your Organization, available at most I RS offices. Thank you for your cooperation. DAVE FROHNMAYER JAMES E. MOUNTAIN, JR. ATTORNEY GENERAL DEPUTY ATTORNRY GENERAL G T Or DEPARTMENT OF JUSTICE PORTLAND OFFICE 1515 SW 5th Avenue Suite 410 Portland, OR 97201 Telephone: (503) 229-5725 FAX: (503) 229-5120 January 8, 1991 Tigard 4th of July, Inc. 12420 SW Main Street Tigard, Oregon 97223 Attention: R. Michael Marr Re: Registration Under the Charitable Trust and Corporation Act Annual Report for Period Ended December 31, 1991 Ladies/Gentlemen: This will acknowledge registration of your organization under the Charitable Trust and Corporation Act. Your registration number with this office is 58-16176. Our records have been noted that your accounting period ends December 31. Annual reports which may be required by the Act are due not later than four months and 15 days after the close of your accounting period. Please note that our annual reports are in addition to and different from the annual reports that nonprofit corporations must file with the Oregon Corporation Division, Office of the Secretary of State. Questions about annual reports should be directed to June Reed at 229-5902. If you do not receive forms within 60 days prior to the due date for filing your report, contact this office to obtain the prescribed forms. We also request a copy of your IRS tax determination letter, if you have been granted tax exempt status, in order to complete the file. Tigard 4th of July, Inc. January 8, 1991 Page 2 Please keep this letter with your permanent records as it contains your registration number. g ' cerely k Kilcrease istant Registrar Charitable Activities Section AL1.1/JDK i 7 rl Q~ h INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR P 0 BOX 2350 ROOM 5127 ATTN: E.O. LOS ANGELES, CA 900532350 Employer Identification Number: Q 2% y 93-1031978 Date: FEB. 51 1991 Case Number: 951028073 TIGARD 4TH OF JULY INC Contact Person: 12420 S W MAIN ST PHELAN, JULIE R TIGARD, OR 97223 Contact Telephone Number: (213) 725-6619 Internal Revenue Code Section 501(c)(4) Accounting Period Ending: December 31, Form 990 Required: YES Addendum Applies: NO Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(a) of the Internal Revenue Code as an organization described in the section indicated above. Unless specifically excepted, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) for each employee to whom you pay $100 or more during a calendar year. And, unless excepted, you are also liable for tax under the Federal Unemployment Tax Act for each employee to whom you pay $50 or more during a calendar quarter if, during the current or preceding calendar year, you had one or more employees at any time in each of 20 calendar weeks or you paid wages of $1,500 or more in any calendar quarter. If you have any questions about excise, employment, or other Federal taxes, please address then to this office. If your sources of support, or your purposes, chrracter, or method of operation chaTIge, please let us know so we can considvr the effect of the change on your exempt status. In the case of an amendment to your organiza- tional document or bylaws, please.send us a copy of the amended document or ! bylaws. Also, you should inform us of all changes in your name or address. In the heading of this letter we have indicated whether you must file Form 990, Return of Organization Exempt From Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label provided, check the box in the he';Jding to indicate that your annual gro-•• receipts are normally $25,000 or lc•t.~., and sign the return. If a return is required, it must be filed by the 15th day of the fifth Letter 948(CG) -2- TIGARD 41H OF JULY INC month after the end of your annual accounting period. A penalty of $10 a day is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $5,000 or 5 per- cent of your gross receipts for the year, whichever is less. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file it. You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade & business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all corre--pondence with the Internal Revenue Service. Donors may not deduct contributions to you because you are not an organ- ization described in section 170(c) of the Code. Under section 6113, any fundraising solicitation you make must include an express statement (in a conspicuous and easily recognizable format) that contributions or gifts to you are not deductible as charitable contributions for Federal income tax purposes. Section 6113 does not apply, however, if your annual gross receipts are normally $100,000 or less, or if your solicitations are made to no more than ton persons during a calendar year. The law provides penalties for failure to comply with this requirement, unless failure is due to reasonable cause. If we have indicated in the heading of this letter that an addendum applies, the enclosed addendum is in integral part of this letter.. Because this letter could help resolve any questions about your exempt status, you should keep it in your permanent records. ( If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, Michael J. Quinn District Director Letter 948(CG) 20,9007 R46514 COPY FOR YOUR RECORDS Department of the Treasury Date of this notice: FEB. 28, 2000 Internal Revenue Service Taxpayer Identifying Number 93-1031978 OGDEN UT 84201 Form: 990 Tax Period: DEC. 31, 1996 For assistance you may call us at: 1-800-829-1040 !{l,ltl~{{I{IL.IL{JIIJJ.{..to{{~~{{~nii{I.....{{~~~~~~~111 TIGARD 4TH OF JULY INC Y % R MICHAEL MARR F I L E C%% 12420 SW MAIN ST TIGARD OR 97223-6110207 DO YOU NEED TO FILE FORM 990? MOST ORGANIZATIONS EXEMPT FROM FEDERAL INCOME TAX UNDER SECTION 501(A) OF THE INTERNAL REVENUE CODE ARE REQUIRED TO FILE AN ANNUAL INFORMATION RETURN ON FORM 990, RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX, IF THEIR ANNUAL GROSS RECEIPTS ARE NORMALLY MORE THAN $25,000. ORGANIZATIONS REQUIRED TO FILE MAY USE THE SIMPLER FORM 990-EZ, SHORT FORM RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX, FOR ANY YEAR THEIR GROSS RECEIPTS WERE LESS THAN $100,000 AND THEIR END OF YEAR ASSETS WERE LESS THAN $250,000. YOU PREVIOUSLY INFORMED US THAT YOU WERE NOT REQUIRED TO FILE FORM 990 BECAUSE YOUR ANNUAL GROSS RECEIPTS WERE NORMALLY BELOW THE ABOVE MINIMUM THAT APPLIED AT THE TIME OF YOUR NOTICE. FOR THAT REASON, WE DON'T MAIL YOU A FORM 990 RETURNS PACKAGE EACH YEAR. HOWEVER, YOU WOULD STILL BE REQUIRED TO FILE FORM 990 FOR ANY YEAR WHEN YOUR GROSS RECEIPTS WERE CONSIDERED TO BE NORMALLY MORE THAN $25,000. OUR RECORDS INDICATE YOU HAVE NOT FILED FORM 990 RECENTLY. AN ORGANIZATION THAT IS REQUIRED TO FILE FORM 990 BUT DOES NOT DO SO BY THE DUE DATE (INCLUDING ANY EXTENSIONS GRANTED) MAY BE SUBJECT TO A PENALTY OF $20 FOR EACH DAY THE RETURN IS LATE, UP TO A MAXIMUM OF $10,000 OR 5 PERCENT OF ITS GROSS RECEIPTS FOR THE YEAR, WHICHEVER IS LESS. THE PENALTY IS NOT CHARGED IF THE ORGANIZATION CAN SHOW THAT NOT FILING ON TIME WAS DUE TO REASONABLE CAUSE. TO HELP US UPDATE OUR RECORDS, PLEASE CHECK THE APPROPRIATE BOX AT THE END OF THIS LETTER AND PROVIDE THE RETURNS OR OTHER INFORMATION REQUESTED. NOT COMPLYING WITH OUR REQUEST FOR INFORMATION COULD RESULT IN THE LOSS OF YOUR TAX-EXEMPT STATUS. PLEASE RETURN THIS NOTICE TO US WITHIN 30 DAYS. AN ENVELOPE IS ENCLOSED FOR YOUR CONVENIENCE. THE COPY OF THIS NOTICE IS FOR YOUR RECORDS. IF YOU WERE REQUIRED TO FILE A FORM 990 OR 990-EZ FOR ANY YEAR IN QUESTION BUT DID NOT DO SO PREVIOUSLY, PLEASE SUBMIT THE COMPLETED RETURN OR RETURNS WITH THIS NOTICE AND EXPLAIN WHY YOU DID NOT FILE ON TIME. BLANK FORMS 990, 990-EZ, INSTRUCTIONS, AND HELP IN COMPLETING THE FORMS ARE AVAILABLE AT MOST IRS OFFICES. THANK YOU FOR YOUR COOPERATION. ENCLOSURES: ENVELOPE COPY OF THIS NOTICE PAGE 1 TIN: 93-1031978 FORM: 990 TAX PERIOD: DEC. 31, 1996 DEFINITIONS GENERALLY, "GROSS RECEIPTS" MEANS THE GROSS AMOUNT RECEIVED BY THE ORGANIZATION DURING ITS ANNUAL ACCOUNTING PERIOD FROM ALL SOURCES WITHOUT REDUCTION FOR ANY COSTS OR EXPENSES INCLUDING, FOR EXAMPLE, COST OF GOODS OR ASSETS SOLD, COST OF OPERATIONS, OR EXPENSES OF EARNING, RAISING, OR COLLECTING SUCH AMOUNTS. THUS, "GROSS RECEIPTS" INCLUDES, BUT IS NOT LIMITED TO, THE GROSS AMOUNT RECEIVED AS CONTRIBUTIONS, GIFTS, GRANTS, AND SIMILAR AMOUNTS; THE GROSS AMOUNT RECEIVED AS DUES OR ASSESSMENTS FROM MEMBERS OR AFFILIATED ORGANIZATIONS; GROSS SALES OR RECEIPTS FROM BUSINESS ACTIVITIES (WHETHER OR NOT RELATED TO YOUR EXEMPT PURPOSE); THE GROSS AMOUNT RECEIVED FROM THE SALE OF ASSETS; AND THE GROSS AMOUNT RECEIVED AS INVESTMENT INCOME. AN ORGANIZATION'S GROSS RECEIPTS ARE CONSIDERED TO BE "NORMALLY" NOT MORE THAN $25,000 IF: 1. THE ORGANIZATION HAS BEEN IN EXISTENCE FOR ONE YEAR OR LESS, AND IT HAS RECEIVED, OR DONORS HAVE PLEDGED TO GIVE, GROSS RECEIPTS OF $37,500 OR LESS DURING THE FIRST TAX YEAR OF THE ORGANIZATION; 2. THE ORGANIZATION HAS BEEN IN EXISTENCE FOR MORE THAN ONE BUT LESS THAN 3 YEARS AND THE AVERAGE GROSS RECEIPTS RECEIVED BY THE ORGANIZATION IN THE FIRST 2 TAX YEARS IS $30,000 OR LESS; OR 3. THE ORGANIZATION HAS BEEN IN EXISTENCE FOR 3 YEARS OR MORE, AND THE AVERAGE GROSS RECEIPTS RECEIVED BY THE ORGANIZATION IN THE IMMEDIATELY PRECEDING 3 YEARS, INCLUDING THE YEAR FOR WHICH THE RETURN WOULD BE REQUIRED TO BE FILED, IS $25,000 OR LESS. RESPONSE BY ORGANIZATION RECEIVING THIS NOTICE IS THIS ORGANIZATION STILL IN EXISTENCE? YES pC] NO [ ] IF YES: [X] THIS ORGANIZATION'S GROSS RECEIPTS WERE NORMALLY $25,000 OR LESS FOR EACH OF THE PAST 3 TAX YEARS AND THEREFORE THE ORGANIZATION WAS NOT REQUIRED TO FILE FORM 990 FOR ANY OF THOSE YEARS. GROSS RECEIPTS FOR OUR MOST RECENT YEAR WERE $ /4"I830 ?6 ? 8 TOTAL ASSETS AT THE END OF OUR MOST RECENT YEAR WERE $ -1-9 7,1 [ ] THIS ORGANIZATION'S GROSS RECEIPTS WERE NORMALLY MORE THAN $25,000 FOR ONE OR MORE OF THE PAST 3 YEARS. A COMPLETED FORM 990 OR 990-EZ IS ATTACHED FOR EACH YEAR THAT A RETURN WAS REQUIRED BUT NOT PREVIOUSLY FILED. OUR REASONS FOR NOT FILING ON TIME ARE: [ ] THIS ORGANIZATION'S GROSS RECEIPTS WERE NORMALLY MORE THAN $25,000 FOR ONE OR MORE OF THE PAST 3 YEARS, AND A FORM 990 OR 990-EZ WAS FILED FOR EACH YEAR A RETURN WAS REQUIRED. A COPY OF EACH RETURN IS ATTACHED. [ ] THIS ORGANIZATION'S GROSS RECEIPTS WERE NORMALLY MORE THAN $25,000 FOR ONE OR MORE OF THE PAST 3 YEARS, BUT THE ORGANIZATION WAS NOT REQUIRED TO FILE FORM 990 OR 990-EZ FOR ANY OF THOSE YEARS BECAUSE: ADDRESS CORRECTION REQUESTED: UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE EXAMINED THE RESPONSE TO THIS NOTICE, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS TRUE, CORRECT, AND COMPLETE. PLEASE SIGN- HERE SIGNATURE (AN OFFICER IF TITLE DATE TELEPHONE ORGANIZATION STILL EXISTS) NUMBER (INCLUDING AREA CODE) PAGE 2 Form Charitable Activities Section For Accounting Periods Beginning In: Cw~ ® 12 Oregon Department of Justice 1515 SW 5th Avenue, Suite 410 VOICE (503) 229-5725 For Oregon Corporations Portland, OR 97201-5451 TTY (503) 378-5938 2000 E-Mail: charitable.actlvitles@doj.state.or.us FAX (503) 229-5120 and Certain Trusts Web site: http:/Avww.doj.state.or.us Section i. General information 1. Cross Through Incorrect Items and Correct Here: Registration 16176 4946 91519 (See Instructions for change of name or accounting period.) Tigard 4th of July, Inc. Registration 12420 SW Main Street Organization Name: C'k 0 Tigard OR 97223 Address: Phone: (503) 624-2975 FAX: City, State, Zip: 4 Period Beginning: 01/01/2000 Period Ending: 12/31/2000 Phone: Fax: 6_70-.X.710 Amended Report? Period Beginning: Period Ending: / / 2. Did a certified public accountant audit your financial records? - If yes, attach a copy of the auditor's report, financial statements, accompanying notes and any schedules presented as supplementary Information to the basic financial statements. 0 Yes No 3. Is the organization a party to a contract involving person-to-person, advertising, vending machine or telephone fund-raising in Oregon? F Yes ~ No If yes, write the name of the fund-raising firm(s) who conducts the campaign(s): 4. Has the organization or any officer, director, or executive personnel of the organization ever been Involved in a voluntary agreement with any district attorney or attorney general or a legal action In any court regarding the organization's solicitation, ❑ Yes LN j No administration, or management practices? If yes, attach copies of the agreement and a written explanation. 5. During this reporting period, did the organization amend its articles of Incorporation, bylaws, or trust documents. OR did the El organization receive a determination letter from the Internal Revenue Service indicating a new or amended tax-exempt status? Yes X No If yes, attach a copy of the amended document or letter. 6. Is the organization ceasing operations and Is this the final report? (If yes, see Instructions.) ❑ Yes © No 7. Provide contact Information for the person responsible for retaining the organization's records. Name Position Phone Mailing Address 67*7 /Z f/l0 V-Gt.) /17il/.c1 Sr. cv .ltd T/1E.~vrU 2 G ' -297s~' T/G.9.~D Dir 97-1.2.3 8. List of Officers, Directors, Trustees and Key Employees - List each person who held one of these positions at any time during the year even If they did not receive any compensation from the organization. Attach additional sheets if necessary. If an IRS form Is attached that Includes substantially the same Information, the phrase 'See IRS Form' may be entered in Ilau of completing this section. (A) Name, daytime phone number (B) Title & (C) (D) Contributions (E) Expense & mailing address average weekly Compensation to benefit plans account & other hours devoted to (If not paid, & deferred allowances position enter $0) compensation Name: Address: 1_Z / D.~ ✓'GtJ / - - - - - Phone: .0--- Off - 9 7- - - - - -8- Name: Address: 6-Qar~r1EG>~ ~/1---- Phone: ~~3 7.y- 9Z 9~ f~ Name: _1 /°Arn?.✓--------- So'c2F7~~f Address: 1,x'77 ./~uJ ~t/D.tr l/icgt~Ae / - - - Phone: _7_7 ilo~ Oi! - 9 7Z Z 3-1 533 moo-- -E3- -6 - i6 M 'General Information (continued) ,V the reporting period, was Total Revenue less than $25,0007 ® Yes , No At the gnu of the reporting period, were Net Assets or Fund Balances (i.e., assets minus liabilities) less than $50,000? ® Yes No if YES to BOTH Line 9 AND Line 10 Complete Section II and sign below. Submit NO fee. Attach a copy of any tax forms submitted to the IRS. Complete Section Ili, submit fee as calculated and sign If NO to EITHER Line 9 OR Line 10 below. Attach a copy of any tax forms submitted to the IRS or specially completed for Oregon purposes. Section 11. Fee Exempt Organizations (complete this section ONLY if you answered YES to BOTH Line 9 AND Line 10) 12. Net Assets or Fund Balances at the beginning of the reporting period 12. r9;71 13. Total Revenue 13. O 51-70 14. Total Expenses 14. f 2 SZ O 15. Other changes In Net Assets or Fund Balances (attach explanation) 15. 16. Net Assets or Fund Balances at the end of the reporting period 16. (Line 12 plus Une 13 n*W3 Line 14 pluslrtdnus Line 15) Section ill. Fee Calculation (complete this section ONLY If you answered NO to EITHER Line 9 OR Line 10) 17. Total Revenue 17. (Una 12 an Form 990; Line 9 on Form 990-F2; Part 1, Line 12a on Form 990-PF; Line 9 on Form 1041 or Form 7017-AJ 18. Revenue Fee 18. (See dart below. Minimum fea u $10.) Amount on Line 17 Revenue Fee so - $24,999 $10 $25,000 - $49,999 $25 $50.000 - 590.999 $45 $100,000 - $249,999 $75 $250.000 - $499.999 $100 SSW 000 - $749,999 $135 $750,000 - 5999.999 5170 $1.000,000 or rwe $200 19. Net Assets or Fund Balances at End of the Reporting Period..... 19. (Line 21 on Form 990 or Forth 990-EZ, or Part 111, Una 6 on Form 990-PF.) 20. Net Fixed Assets Used to Conduct Charitable Activities 20. (Generally, Line 57c on Form M. Line 23B on Forth 990-F1 or Pert V. Una 14b on Form 990-PF. See InsWdlons If organization owns Income-producIng assets.) 21. Amount Subject to Net Assets or Fund Balances Fee 21. (Line 19 rrdnus Lim 20. If Line 19 ndnus Line 20 is less than 550.000, write $0.) 22. Net Assets or Fund Balances Fee 22. (Line 21 multiplied by.0001. M the fee is less than $5, enter S0. Not to exceed 51,000. Round cents to the nearest whole dollar.) 23. Delinquency Penalty 23. (it report Is submloed after the due date, the delinquency penalty Is S20.) 24. Total Amount Due 24. (Add Unas 18, 22, and 23. Make check payable to the Oregon Department of Justice.) 25. Attach a copy of the organization's federal tax returns and all supporting schedules and attachments except any schedule of contributors. Also, see the instructions as the organization may be required to complete certain IRS Forms for Oregon purposes. Please Under penalties of perjury, I declare that I have examined this return, including all accompanying forms, schedules, and' attachments, and Sign to the best of my knowledge and belief, It is true, correct, and complete. Here ~ ~ -~iG~~L.. a_ / -oi T.~c~ASV~c2 Signature of officer Date Title Paid Prep'arer's Use Only Preparer's signature Date Phone Pre arer's name Address Easiness Registry Database Search Page l of s OREGON SECRETARY OF STATE NOME Corporation Division SEARCH CONTACTUS starting a business oby " buslnsiss Oeglstry nota~bbti - ---foriisAeeS -ucc'' -~uccsearcti._ -cus€omlists°: New Search Printer Friendly Business Entit Cata Entity Entity Registry Duration Renewal Registry Mir Type Status ]urisdiction Date Date Date 224052-86 DNP ACT OR 11-05-1990 Entity Name TIGARD 4TH OF JULY, INC. Foreign Name Non Profit PUBLIC BENEFIT Type New Search Printer Friendly Associated Names Type pPB PRINCIPAL PLACE OF Start Date Resign Date BUSINESS Name Fax Addr 1 12420 SW MAIN ST Addr 2 CSZ TIGARD OR 97223 Country UNITED STATES OF AMERICA E-Mail Web Type AG REGISTERED AGENT Start Date 11-05- Resign Date 1990 Name R.MICHAEL MARR Fax Addr 1 12420 SW MAIN ST Addr 2 CSZ IGARD OR 97223 Country UNITED STATES OF AMERICA E-Mail 17 1 Web Type PRE PRESIDENT Start Date Resign Date Name OM BRIAN Fax Addr 1 7630 SW FIR ST Addr 2 CSZ IGARD OR 97223 Country UNITED STATES OF AMERICA E-Mail Web littp://sos-vcnns.sos.statc.or.us:8080/beri__prod/pkg_web_ninie_srcli_inq.sliow_detaiI?p_be_rs... 2/4/02 Pousiness Registry Database Search Page 2 of 3 Type SEC SECRETARY Start Date Resign Date Name M PATTON Fax Addr 1 O BOX 230725 Addr 2 CSZ IGARD OR 7281 Country UNITED STATES OF AMERICA Web New Search Printer Friendly Name History Business Entity Name Name Name Type _ tatus Start Date End Date TIGARD 4TH OF JULY, INC. EN CUR 11-05-1990 New. Search Printer. Friendly arUy H1St0 Image Action Transaction Effective Status Name/Agent Dissolved By Date Date Date Change 09-25- ANNUAL REPORT 09-25-2001 SYS 2001 PAYMENT 11-09- NOTICE 11-13-2000 SYS 2000 11-13- STRAIGHT 11-13-2000 FI 2000 RENEWAL 11-17- CHANGED RENEWAL 11-17-1999 FI 1999 11-12- STRAIGHT 11-04-1999 FI 1999 RENEWAL 10-06- STRAIGHT 09-29-1998 FI 1998 RENEWAL 11-14- NOTICE 11-17-1997 SYS 1997 11-19- STRAIGHT 11-10-1997 FI 1997 RENEWAL 11-13- STRAIGHT 11-05-1996 FI 1996 RENEWAL 10-13- STRAIGHT 10-13-1995 FI 1995 RENEWAL 11-21- STRAIGHT 11-20-1994 FI 1994 RENEWAL 11-10- NOTICE 11-15-1994 SYS 1994 10-18- STRAIGHT 10-08-1993 FI 1993 RENEWAL 09-25- STRAIGHT 09-23-1992 FI 1992 RENEWAL http://sos-venus.sos.state. or.us:8080/beri-prod/pkg_web_name_srch_inq.show_detaii?p_be_rs... 2/4/02 Business Registry Database Search Page 3 of 3 10-30- ENDED 10-28-1991 FI 1991 RENEWAL 11-05- NEW FILING 11-05-1990 FI 1990 Search I Cpntact Us IStarting_a_Iiusiness (OBG Business. Registry (Notary_Publie Forms/fees. UCC I Business Name Search UCC Search Custom Lists Blue Book I Oregon.gov I Corp Home j SOS Home For comments or suggestions regarding the operation of this site, please contact : BER1JnfoCi~sYnte.or.us 0 2002 Oregon Secretary of State. All Rights Reserved. http://sos-venus.sos.state.or.tis:8080/beri_prod/pkg_web_name srch_inq.show_detaiI?p_be_rs... 2/4/02 •FRO(9 ARROWHEAD DEV PHONE NO. 5036242539 Feb. 19 2002 11:50PM P2 G:iiC.7!"f I e L:) 1' c11-1 f_:1't c.7(Y1i "(::.1.E..'6: Box 2366 "l iac~ira, C)rrgar~n 9'718 i -3(~i:~; February 15, 2002 1! Craig Prosser Finance Director City of Tigard ~ 13125 SW Hall Blvd Tigard, OR. 97223 Dear Mr. Prosser, Thank you for this opportunity to be considered for a grant from the City of Tigard. Our group plans and puts on the drug and alcohol free graduation celebration for the graduates from Tigard High School. As Tigard grows, so does the student body at Tigard High School, and in turn means a larger graduating class. The senior class this year is nearing 500 at this time. Historically, the celebration is attended by about 80% to 85 % of the graduates, which would mean about 400 students or more. Because of the large numbers, we are limited to facilities that can accommodate the large groups, with appropriate activities. This has meant we have to contract through organizations such as Grad Night or Party Works, since they have reserved the majority of large sites in the metro area. I believe this increases out costs, since we now have to go through a middleman, but we have few choices that are appropriate if we don't. This is why the site costs are as high as they are. In addition, Party Works our vendor this year, provides some of the games and entertainment in the `package', so it does eliminate some of the other costs and the time involved in organizing and investigating. We have also noticed some of the local businesses have been hurt by the recent decline in the economy and we are not receiving as many donations as we have in the past. In an attempt to keep out ticket price reasonable, and within everyone's reach, we rely on outside sources for funding. This year our ticket prices are $40.00 if purchased before April 1 s and $50.00 if purchased afterward, which is the same as last year. Our goal is to have everyone attend the celebration that would like to, so we do offer some scholarships also. In the past the City of Tigard has generously awarded $500.00 for the graduation celebration. But due to additional costs, and some unknowns in our budget, such as the commercial donations and the grant from the Juan Young Trust, we are requesting $1,000.00. Please note that in order for us to continue, we find it imperative that we set aside a reserve of $3,500.00, to serve as the seed money for the next year. We appreciate the opportunity to apply for this grant. Please let me know if you need additional information or have any questions. Thank you for your consideration. Sinceerely, C,i G Cathie Sorense Chairman 503-203-1427 MEN" FROM : ARROWHEAD DEV PHONE NO. : 5036242539 Feb. 19 2002 11:51PM P3 n2,11,-OZ MON 18:14 FAX 5036391471 CITY OU TIGARD WJ CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-639-4171 FY 2002-03 COMMUNITY EVENTS FUNDING REQUEST Event Name: THS r d Al ` "'I Address: R3& ~j City, State, Zip: Ot O'/aa,3 Contact Name; 4: f) ~Q rl~ ~I Telephone Number: &_O - s~ - J~o2 2 Lk/) $03 - (O Zv -6 `-A/3- 1. Request (express in whole dollar amounts only) Cash ~d0., de) In-Kind Services (use of City property, City staff support, $ etc. Please explain the services requested on a separate sheet) Total Request $ 4 2. Purpose of Funding Request: 77-6 5 eld~ '4-11-A .Roe C-7, 3. Please subunit the following information with this request: a. Detailed budget, including FY 2000-01 actual expenditures, FY 2001- 02 Adopted Budget, and FY 2002-03 Proposed Budget. The Budget should identify beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year.** C. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* Information not required if it has been submitted at least once in the last five years. Lack of adequate financial information could result in denial of request. THS GRAD NIGHT CELEBRATION o_ N 2001/2002 TREASURER'S REPORT As of Febmay 11, 2001 m BEGINNING BALANCE: 10,241.69 10,241.89 ' 2D02 _ ;OOZ 2001 FOia12001 2000 FM 2000 Budget [NC()A1F, TO BUDGETED_ INCOMETO DLiDGETED ' 1NCODip To INCOME DATE' MGM DATE INCOME, DATE !0+50 _ _ _ 1,000.00 2,100.00 1,100.00 2,100.00 2146,42 FUN RUN 1 650.00 632.00 - BRICK SALES _ 250.00 COMMERCIAL DONATIONS j 2,000.00 475.00 2,50D.00 2905.0010';.':;:;' 2,500.00 1,550.00 DUR A_LLI& A_UCT10N 5000.00 5_000.00 _ 4,000.00 s:. 5,000.00 5,500.00 M INTERFST 50.00 7.60 50.00 _ ]1.49 100.00 43.20 N PAREN'( DONATIONS X -750.00 ' _120.00 2,000.00 1,346.00 zooouo 2,703.00 - N f1110S7_L'RS - - - ~ 1,165.26 ip 0_AN" Y_OU_i O TIMST 3,000.00_ 00 _ N TICKET SALES 16,875.00- _2,_760.00 _ _ - 15_,750.00 14,360.00 12_900.9D 11,710.00 TU'1;1L INCOME: - - 30,325.00 - 3,994.60 - 27,400.00 27,742.49 x 24,050,00 24,619.86 C5 2002 GIM200SC.. Final 200129DO Final 2000 Proposed isXl'Y.NSES_ BUDI>F,TED _ E.CPENSE6 BUDGETED EXMSES o L\L'EVSISS - - _ Budpi TO DA'L'E FIXPF.NSES I TO DATE EYPE?iSES IODATE d BRICKS - - 150.012- CAMERAS 150.00 BUSES - - - 1,550.00_,`_ 1,400.00 1.403.50 1,800.00 1,608.78 DECOR_\TIONS,•SET-UP 5_00.00 295.99 ]50.00 232.80 ENTERTAINMEYVACTIVIT1_ES 750.00 1,000.00 - 531.93 3,300.00 1,582,08 FOOD _ 125.00 200.09 32.97 500.00 50.00 INSURANCE 400.00 40000 400.00 MISCELLANEOUS t I00.0D 200.00 62.08 290.00 16.00 POSTAGWO BOX 300.00 65.00 130.00 248.60 190.00 432.00 PRUS - -4,000.00 3,780.00 4,098.90 'j•` 3,000.00 1,811.81 PRI11TING1LETTERHF.AD -_100.00 200.00 ' 500.00 50.C0 ww PUBLICITY/IIiA.VK YOU AD 300.00 , - 300.00 336.00 500.00 268.45 CLEAN4IYO DEPOSIT _25Q.00 W SITES 28,481.25 7,620.31 14,968.00 " 14,468.00 12,000.00 22,855.00 = DISCRETIONARY 3,500.00 0 TOTAL EXPENSES: - 58,856.26 7,68531 22,848.00 21,497.99 26,350.00 28,987.72 - - - ENDING CASH BALANCE 3,710.44 6,350.98 E 0 0! LL TIGARD RECREATION ASSOCIATION P.O. Box 230854 TIGARD, OR 97281 503.524.8794 February 8, 2002 Mr. Craig Prosser Finance Director City of Tigard 13125 SW Hali Blvd Tigard, OR 97223 Dear Mr. Prosser, Tigard Recreation Association ("TRA") respectfully submits the enclosed City of Tigard Community Event grant application for TRA's annual summer children's music concert series entitled "Children's Concert at the Park." In this application, we have requested a total of $894 in cash and in-kind services to underwrite the costs associated with this event. TRA's "Children's Concerts at the Park" bring families of young children together for a morning of music and fun. This series, which is free to the public, fosters a strong sense of community in Tigard by offering families a chance to get to know each other while experiencing two beautiful, family-friendly parks in Tigard. TRA is a non-profit, volunteer-run organization dedicated to providing affordable educational and recreational programs to our community through Tiny Tykes (our indoor play park), music and dance programs. We appreciate any assistance the City of Tigard can provide us in fulfilling our organizational mission. Sincerely, wor d Recreation Association T* T ~LCci N L ~.l C£-, C`ia Hillier (P dent Enclosures Community Events Grant Application FY 2000-01 Actual Expenses FY 2001-02 Adopted Budget FY 2002-03 Proposed Budget 2001-02 Financial Statements r Articles of Incorporation 501(c)(3) status Organization Bylaws TRA program information f~. lts.• City of Tigard, Oregon 13125 SW Hall Blvd Tigard, Oregon 97223 503-639-4171 FY 2002-03 Community Events Funding Request Event Name: Tigard Recreation Association "Children's Concerts at the Park" Address: Tigard Recreation Association P.O. Box 230854 Tigard, OR 97281 Contact Name: Cynthia (Cyndy) Hillier, President Telephone No: 503.692.85 10 home 503.524.8794 TRA general message number 1. Request Cash $800.00 In-Kind Services $94.00 € Total Request $894.00 k: 2. Purpose of Funding Request n The grant funding requested will underwrite the costs associated with the Tigard Recreation Association ("TRA") "Children's Concerts at the Park." TRA's "Children's Concerts at the Park" bring families of young children together for a morning of music and fun. This program fosters a strong sense of community in Tigard by offering families a chance to get to know each other while experiencing two of Tigard's beautiful, family-friendly parks. In the past, this concert series has garnered an attendance of up to 200 parents and children f per concert. TRA will host one, one hour concert per month during the months of July and August 2002, and June 2003. Two concerts will be held at Cook Park and one will be held at Summerlake Park. Previously, the costs associated with this concert series have been paid for by TRA membership dues. However, TRA is facing a dramatic increase in facility rent for 2002-2003. To increase membership fees to keep revenues in line with expenses will create hardships for member families and will also conflict with the mission of TRA to provide affordable educational and recreational programs. Consequently, TRA will not be able to continue the summer music program without outside assistance. We believe the children's concert series is a valuable program for the Tigard community and thus the reason we seek funding for this event through the f City of Tigard Community Event grant program. 3. Budget detail for FY 2002-03 Requested Funding Cash Budget In-Kind Services in the way of waiver of park usage fees Performance Fee $300.00 Cook Park usage fee $66.00 @$100 per performance @ ,S33 per use Advertising $50.00 Summerlake Park usage fee $8.00 ` Flyers, small ads• t Refreshments and decorations $300.00 Processing fees $20.00 @$100 per concert f~ Insurance $150.00 @$50 per concert Total Cash request $800.00 Total In-Kind services $94.00 LM 0 J. TIGARO RECREATION CNmentOCIArION 101112000 to 913012001 pverhead Total CHAOS Dance Fundraising Music Tiny Tykes 312.00 385.84 312.00 983.00 Income 151.24 234.60 238.42) Halloween Party (40.00) (60.00) (10.42) Donations 983,00 31,084.00 Dance Recital Videos (128.00) 2,397.00 9,836.00. 5 544,00 85.63 Tuition Refunds 18 851.00 85.63 Tuition 5,544.00 9 776 00 75.21 38,156.05 CHAOS 546.60 3,357.00 Interest Income 5,544.00 19,557.24 Total Revenue 201.20 201.20 38.64 259.79 298.43 Expenses 18.00 26.00 Administrative 4.00 21,772.75 4.00 1,784.00 1,950.75 13.00 62.72 Advertising 494.00 43.88 64.09 Sank Charges 1264.09 Contracted Personnel 564 218.13 copies 218.13 2,07275 Cleaning Supplies 90711 Crait Supplies 2,072.75 298.18 Dance Rectal 907.11 40.22 257.96 224.18 113.02 Dance Recital Video 22418 60,35 Equipment 113.02 1,758,00 children's Resale 60.35 1,758,00 72.50 Halloween Pa dyer 22.50 124,02 Fundraising4 3,30 100.08 insurance 17.34 55.00 3,759.00 3.30 72,00 1,800"9 297.39 1,383.35 PO Box Rental 1,832.00 10.85 424,50 1,267.91 Postage 865,41 Rent 650.61 402.50 55,55 497.08 608.18 116.00 116.00 Supplies 55.55 100.00 Toys 50.00 35,457.87 Telephone 50"9 5.70 .`12 3,402.13 Misc Tax & Ucen 397.55 2,330.91 Donations & Contr[buldons 18,075.16 (3 ,3265.92) 2,698.18 Total Expenses 26.09 4,067.88 5,544.00 1,782.08 14945 Income 100.00 115.00 Net Ordinary 15,00 --2.583 4,052.68 3,426.92 .18 Other Evens" 26.09 Misc other 5 .09 1,782.08 149.05 544 Net income • V 1111Li11 1 V i 16.L~. TIGARD RECREATION ASSOCIATION Adopted Budget and YTO income Statement 10/1/2001 to 9/30/2002 As of 1/31/02 Dance Fundraisers Summer Concerts Music Tiny Tykes Overhead Total Budget YTD Budget YTD Budget YTD Budget YTD Budget YTD Budget YTD Budget YTD Income Donations 100.00 29.00 100.00 29.00 Grant-C' of Tigard' 587.00 587.00 Interest Income 25.00 14.83 25.00 14.83 TuitioNMembershipdues 12,106.00 7,329.00 1,075.00 275.00 9,000.00 3,287.00 22,181.00 10,891.00 Total Revenue 12,106.00 7,329.00 100.00 29.00 587.00 - 1,075.00 275.00 9,000.00 3,287.00 25.00 14.83 22,893.00 10,934.83 Expenses 200.00 61.00 200.00 61.00 Administrative .00 .00 360.30 1,35150.00.00 758.20 AdvertisinglNewsletter 36.00 185.00 85.00 770.00 312.90 500 36050.00 Bank Charges 4.00 5 4.00 Contracted Personnel 2,240.00 1,120.00 200.00 100.00 200.00 600.00 200.00 3,240.00 1,420.00 Copies 50.00 27.40 45.00 12.95 100.00 140.85 20.00 101.33 215.00 282.53 40.00 40.00 Cleaning Supplies - 100.00 50.52 100.00 50.52 Craft Supplies 1 Dance Recital 1,200.00 ,200.00 - Equipment 400.00 398.00 620.00 297.00 1,020.00 695.00 Children's Resale Party Supplies/Refreshments 100.00 200.00 200.00 500.00 - Fundraising-Other 100.00 46.28 100.00 46 28 100.00 1,933.80 2,033.80 Insurance 45 Rental .00 45.00 - P 50.00 14.68 50.00 14.68 O O Box Box Postage Rent 1,440.00 1,005.00 33.00 51.00 240.00 80.00 4,400.00 2,715.00 - 20.00 6,164.00 3,820.00 Supplies 250.00 4.96 120.00 195.16 350.00 241.96 720.00 442.08 Toys 50.00 50.00 600.00 250.78 600.00 250.78 Telephone 116.00 20.00 116.00 20.00 Misc Tax & Licenses Labor & Wages 3,840.00 1,248.00 2 030.00 538. 5,870.0 1,86.00 Payroll Taxes 293.76 131.0.4 155.30 56.551 1 449.06 6 1 187.55 600.00 600.00 Payroll Service 537.00 534.93 537.00 534.93 Workers Comp Insurance 100.00 100.00 Donations & Contributions Total Expenses 9,713.76 3,938.40 433.00 146.28 587.00 1,070.00 377.95 8,585.30 4 305.94 4,861.80 11704.98 25,250.86 10,473.55 Net Ordinary Income 2,392.24 3,390.60 (333.00) (117.28) - - 5.00 (102.95) 414.70 (1,018.94) (4,836.80) (1,690.15) (2,357.86) 461.28 Other Expenses Misc Other 15.00 100.00 100.00 15.00 Net Income 2,392.24 3,390.60 (333.00) "(117.28) - - 5.00 (102.95) 414.70 (1,033.94) (4,936.80) (1,690.15) (2,457.86) 446.28 1. Pending 6 . ~i ~ 4~ ' ~.~e /~4~,'1 i "may (%•"D i'1 }!"/2 ~ . ' C A A:YI lS'! !^'A . . .r1. TIGARD RECREATION ASSOCIATION Proposed Budget 2002-2003 Summer Dance Fundraisers Concerts Music Tiny Tykes Overhead Total 02-03 02-03 02-03 02.03 02-03 02-03 02-03 Income Donations - 105 - - - - 105 Grant-City of Tigard' - - 307 - 736 - 1,043 Interest Income - - - - - 26 26 Tuition/Membership dues 13,317 - 2,150 15,750 - 31,217 Total Revenue 13,317 105 307 2,150 16,488 26 32,391 Expenses Administrative - - - - - 210 210 Advertising/Newsletter - - 14 194 809 378 1,395 Bank Charges - - - - - 53 53 Contracted Personnel 2,352 220 100 630 - - 3,302 Copses 53 - - 47 105 21 226 Cleaning Supplies - - - - 42 42 Craft Supplies - - - - 105 - 105 Dance Recital 1,260 - - - - - 1,260 Equipment 420 - - - 651 - 1,071 Children's Resale - - - - - - - Party Supplies/Refreshments - 215 100 - 210 - 525 Fundraising-Other - 105 - - - - 105 Insurance - - 50 - - 2,930 2,080 PO Box Rental - - - - 47 47 Postage - - - - - 53 53 Rent 1,512 - .43 480 8,800 - 10,835 Supplies 263 - - - 126 368 757 Toys - - - - 53 - 53 Telephone - - - - - 630 630 Mist Tax & Licenses - - - - - 122 122 Labor & Wages 4,032 - - - 2,132 - 6,164 Payroll Taxes 308 - - - 163 - 471 Payroll Service - - - - - 630 630 Workers Comp Insurance - - - - - 564 564 Donations d, Contributions - - - - - - Total Expenses 10,200 540 307 1,351 13,196 5,106 30,700 Net Ordinary Income 3,117 (435) - 799 3,290 (5,080) 1,691 Other Expenses l i Otherz 486 486 Net Income 3,117, (435) - 799, 2,804 (5,080) 1,205 1. Pending 2. Cab fare vouchers for Good Neighbor Center Resident Families FILED RESTATED NONPROFIT NOV 0 7 2001 OREGON ARTICLES OF INCORPORATION -:,FCRETARY Or STAT"- OF TIGARD REC1tEATION ASSOCIATION ARTICLE 1. Name The name of this corporation is Tigard Recreation Association (the "Corporation") and its duration shall be perpetual. ARTICLE 11. Type of Nonprofit Corporation This Corporation is a public benefit corporation. ARTICLE 111. Purposes and Powers 1. The Corporation is organized exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 and as the same may hereafter be amended (the "Code"), including the making of distributions directly in support of such purposes or the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Code. References to sections of the Code shall be construed to include corresponding sections of any future federal tax code. 2. The Corporation may engage in any lawful activity, none of which is for. profit, for which corporations may be organized under the Oregon :Nonprofit Corporations Act (the "Act"), and as the same may be hereafter amended. The Corporation shall neither have nor exercise any power, nor shall it engage directly or indirectly in, any activity that will invalidate its status as a corporation which is exempt from federal income taxation as an organization. described in Section 501(c)(3) of the Code or as a corporation contributions to which are deductible under Section 170(c)(2) of the Code. 3. The Corporation shall have no capital stock and no part of the net earnings of the Corporation shall inure to the benefit of, or be distributed to, its officers, directors or other private persons; provided, however, the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes as previously set forth. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any 1 - ARTICLES OF INCORPORATION FA5\50062\81422\Tigard Rec Assn\A01 Restated.doc ARTICLE VIII. Limitation of Liability The personal liability to the Corporation or any Director or uncompensated Officer for monetary damages for that person's conduct as a Director or Officer is hereby eliminated; provided, however, that such Director or Officer shall remain liable for any breach of such Directors or Officer's duty of loyalty to the Corporation, acts or omissions by such Director or Officer which are not in good faith or which involve intentional misconduct or knowing violations of law, unlawful distributions, transactions from which the Director or Officer derived an improper personal benefit, and any act or omission in violation of ORS 65.361 to 65367, as in effect on the date of these Articles. f ARTICLE 1X. Indemnification 1. Pursuant to ORS 65.387 to 65.414, the Corporation shall indemnify, to the fullest extent provided in the Act, any Director or Officer who was or is a Party or is threatened to be made a Party to any Proceeding (other than an action by or in the right of the Corporation) by reason of or arising from the fact that such person is or was a Director or Officer of the Corporation. The determination and authorization of indemnification shall be made as provided in the Act. 2. The Corporation may pay for or reimburse the reasonable Expenses incurred by a Director or Officer who is a Party to a Proceeding in advance of final disposition of the Proceeding as provided in the Act. 3. At the discretion of the Board of Directors, the Corporation may purchase and maintain insurance on behalf of any person who is or was a Director or Officer of the Corporation against any Liability asserted against such person and incurred by such person in any such capacity, a or arising out of such person's status as such, whether or not the Corporation would have the power to indemnify such person against such Liability under the provisions of this Article. t.. _ 4. The indemnification referred to in the various sections of this Article shall be deemed to be in addition to and not in lieu of any other rights to which those indemnified may be entitled under any statute, rule of law or equity, provision of the Articles of Incorporation, agreement, vote of the Board of Directors or otherwise. 5. The terms used in this Article shall have the same meanings given them in ORS F- 65387 to 65.414. ~h 3 - ARTICLES OF INCORPORATION F:\5\50062\81422\Tigard Rec AssnW01 Restated.doc %b► INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY .P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date:' 93-1156147 ,~p►Y DLN: 17053125748021 TIGARD RECREATION ASSOCIATION Contact Person: PO BOX 230854 GREGORY K OLWINE ID# 31382 TIGARD, OR 97281 Contact Telephone Number: (877) 829-5500 Our Letter Dated: February 1996 Addendum Applies: No Dear Applicant: This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the: expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) is still in effect. Based on the information you submitted, we have determined that you are not a private F. foundation within the meaning of section 509(a) of the Code because you are ail } organization of the type described in section 509(a)(2). Grantors and cor_tribators may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a) (2) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of 6i the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue service had given notice that yo;i € would no longer be classified as a section 509(a)(2) organization. a ' You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You are also + required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the i; Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax-Exempt Status for Your Organization, or you may call our toll free 3 number shown above. i ' If we have indicated in the heading of this letter that an addendum t applies, the addendum enclosed is an integral part of this letter. 7 t' Letter 1050 (DO/CC) f~ Now of 'sSocts-gol", ,cv f 4. ~M V^• ti~tly'} C f[W i{e•+ 'T P 5i LAI do "lt~ y ~r ijgyV ARTICLE V111. INDEMNIFICATION 7 Section 1. Directors and Officers 7 Section 2. Advance of Expenses 7 Section 3. Insurance 7 Section 4. Purpose and Exclusivity 7 Section 5. Definitions 7 ARTICLE D(. COMMIITEES OF THE BOARD 8 Section 1. Committees of the Board 8 Section 2. Executive Committee 8 Section 3. Committees other than Committees of the Board 8 Section 4. Finance Committee 9 Section 5. Corporate Policies and Procedures Committee 9 Section 6. Legal and Risk Management Committee 10 ` Section 7. Programs Committee (Including Tiny Tykes, Music, 10 Dance Section 8. Technology Committee 10 Section 9. Public Relations & Newsletter Committee 11 Section 10. Special Events Committee 11 i Section 11. Ad Hoc Committees 11 Section 12. Action by Committees 11 1._ r.• r.• Y• . g4v:. e 6 fill, R fill ee lr.~ Section 2. Number The Board shall consist of at least three but not more than nine Directors. The exact number shall be fixed from time to time by resolution of the Board; provided, however, no decrease in the number of Directors shall have the effect of shortening the term of any incumbent Director. Section 3. Terms of Office and Election of Directors a. Except for the initial adjustments of shorter terms needed in order to create staggered terms, the term of office for Directors shall be two years. The Board shall make provisions to stagger the terms of Directors so that each year the terms of as close as possible to one-half of the Directors shall expire. A Director may be reelected without limitation on the number of terms she or he may serve. The Board shall elect its own members, except that a Director shall not vote on that member's own position. b. All Directors shall serve at the pleasure of the Board. Section 4. Election Procedure At each annual meeting of the Board, the successors to the Directors whose terms expire that year shall be elected. Section 5. Annual Meeting The Board shall hold meetings at least six times each calendar year, or more often as necessary. The Board shall, by its own resolution, designate such dates, times and places as it may choose for such meetings; provided, however, the annual meeting of the Board shall be held no later than the 15th of January of each calendar year. i Section 6. SMial Meetings Special meetings of the Board may be called by the President and must be called by the President upon the written request of at least two Directors. Notice of a special meeting ` of the Board shall be mailed, hand-delivered or given verbally to each Director not less than seven days prior to the meeting. The notification shall include the date, time, place and agenda of the special meeting. Section 7. Waiver of Notice A Director may at any time waive any notice required by the Act, the Articles of Incorporation or these Bylaws. Except as otherwise provided herein, such waiver must be in r writing, signed by the Director entitled to notice, specify the meeting for which notice is waived and be filed with the corporate records. A waiver of notice, whether before or after the time stated therein, shall be equivalent to the giving of such notice. The attendance of a Director at a meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. FileName Byl=*_2001.dx 2 ws. Revised: December 18, 2001 Section 14. Action By Directors Without A Meeting Any action required to be taken at a meeting of the Directors of this Corporation, or any other action which may be taken at a meeting of the Directors, may be taken without a meeting if a consent in writing setting forth the actions so taken shall be signed by all the Directors entitled to vote with respect to the subject matter thereof. Such consent shall have the same effect and force as a unanimous vote of said Directors. Section 15. Meeting by Telecommunication Any regular or special meeting of the Board of Directors may be held by telephone or telecommunications in which an Directors participating may hear each other. ARTICLE IV. OFFICERS Section 1. Officers The Officers of the Corporation shall be a President, a Vice President, a Secretary and a Treasurer. The Board at its annual meeting from among the Directors shall elect each Officer. Each Officer shall serve for a term of one year, and as Board member for two years. Officers shall assume their respective duties immediately upon election. Section 2. Duties of Officers a. President - The President shall preside over all meetings of the Board and shall discharge such other duties as may be prescribed from time to time by the Board. The President shall designate the members and Officers of each standing committee and each other committee created by the Board from time to time. b. Vice President - The duties of the Vice President shall be to assist the President. In the absence of the President, the Vice President shall preside. c. Secretary - The Secretary shall keep or cause to be kept the minutes of the meetings of the Board and of any standing or temporary committees thereof; shall be responsible for the timely preparation and delivery of a1 notices to be given in accordance with the provisions of these Bylaws, the Articles of Incorporation or as required by the Act; shall be custodian of the corporate records and the seal of the Corporation (if any) and shall be responsible for authenticating the records of the Corporation as duly authorized or required by the Act; and shall perform such other duties as may be prescribed from time to time by the Board. d. Treasurer - The Treasurer shall be the legal custodian of all the corporate funds and securities. The Treasurer shall perform, or cause to be performed, the following duties, (a) keeping of full and accurate accounts of all financial records of the corporation; (b) deposit of all monies and other valuable effects in the name and to the credit of the corporation in such depositories as may be designated by the Board of Directors; (c) disbursement of all funds when proper to do so; (d) making financial reports as to the financial condition of the } File Name. Bylws_2001.doc 4 Reoised: December 18, 2001 ab ARTICLE VI. DEPOSITORIES, SIGNATURES AND SEAL Section 1. Depositories All funds of the Corporation shall be deposited in the name of the Corporation in such bank, banks or other financial institutions.as the Board may from time to time designate and shall be drawn on checks, drafts or other orders signed on behalf of the Corporation by the Treasurer and/or such other person or persons as the Board may from time to time designate. Section 2. Contracts All contracts, deeds and other instruments shall be signed on behalf of the Corporation by the President or by such other Officer or agent as the Board may from time to time designate. Section 3. Seal The Corporation shall have no seal. Section 4. Borrowing Notwithstanding any other provision in these Bylaws, no Officer or agent of this Corporation shall have authority to borrow any funds on behalf of the Corporation, or to hypothecate any assets thereof, for corporate purposes or otherwise, except as expressly stated in a resolution approved by a majority of Directors, duly entered in the minutes of the Board. The Corporation shall make no loans to any Director or Officer. r i. i, Section 5. Gifts The Board may accept on behalf of the Corporation any contribution, gift, bequest or devise for the general purpose of the Corporation, and any such contribution, gift, bequest, or devise is subject to the Board's acceptance. ARTICLE VII. i AMENDMENTS These Bylaws may be amended by a majority vote of the Board then in office at any regular or special meeting of the Board provided the notice given for such meeting 3 indicates that such amendments will be considered. ~ tw File Name Bylams_2001.doc 6 Revised: December 18, 2001 ARTICLE IX. COMMITTEES OF THE BOARD Section 1. Committees of the Board of Directors The Board of Directors may appoint Directors of the Board to serve on them or designate the method of selecting committee members. Such committees may exercise the authority of the Board subject to limitations imposed by the Act, the Article of Incorporation or these Bylaws. Section 2. Executive Committee a. The Board of Directors may establish an Executive Committee. The Executive Committee shall exercise the full power of the Board in the management of the Corporation during periods of adjournment of the Board, subject to limitations imposed by the Act, the Articles of Incorporation, these Bylaws or resolution duly adopted by the Board of Directors. b. The Executive Committee shall consist of the Officers of the Corporation and such Directors of the Board as may be elected by a majority vote of the Board. Any member of the Executive Committee who is not an Officer of the Corporation shall serve for a term of one (1) year. c. Any actions of the Executive Committee requiring board approval must be submitted to the Board of Directors for ratification at the next meeting. The presence of a majority of the Executive Committee shall constitute a quorum for the transaction of business. A majority of the total votes cast shall decide all issues. Section 3. Committees other than Committees of the Board a. Committees other than Committees of the Board of Directors shall not exercise the authority of the Board of Directors. The duties of such committees shall be as prescribed by these Bylaws or the Board of Directors. The Board shall have the power to dissolve such committees and may establish or dissolve additional committees. b. Except as otherwise provided, committee members may, but need not be, Directors of the Board. The President may designate Directors of the Board as committee members. Each chair shall be appointed by the President and serve until his or her successor is appointed or until his or her resignation or removal. The President may remove a chair with the concurrence of the board. a. c. The Corporation may from time to time have the following such committees: E Finance Committee Corporate Policies and Procedures Committee . Legal and Risk Management Committee File Name Bylams_2001.doc 8 Revised: December 18, 2001 Section 6. Legal and Risk Management Committee a. The Board of Directors may establish a Legal and Risk Management - Committee. The Legal and Risk Management Committee shall have the responsibility of creating, reviewing and maintaining the TRA Personnel Manual, developing written personnel policies, job classifications, compensation schedules, administrative procedures, etc. Additionally, the Legal and Risk Management Committee should develop any forms and personnel record formats. b. The Legal and Risk Management Committee shall consist of the Vice President, who shall chair the committee, and such members of the Board or the Board may appoint others as deemed necessary. Each Legal and Risk Management Committee member shall serve a term of one (1) year, unless the committee member is elected to be the Vice President for the subsequent term. c. Any actions of the Legal and Risk Management Committee requiring Board approval must be submitted to the Board of Directors for ratification at the next meeting. The presence of a majority of the Legal and Risk Management Committee shall constitute a quorum for the transaction of business. A majority of the total votes cash shall decide all issues. Section 7. Programs Committee (These would include Tiny Tykes, Dance, Music) a. Core Programs: The Board of Directors may from time to time establish programs for the provision of services to the community. A core program is defined as a program, which fits within the mission statement for TRA and for which TRA is responsible for the day-to-day running of the program. b. Ancillary Programs. The Board of Directors shall appoint a Program i Coordinator for each Program, provided and or sponsored by the corporation. Program Coordinators shall report to the Executive Committee at its meetings concerning the status and progress of each program, and shall present such other reports as the Executive Committee or the Board of Directors from time to time directs. Program Coordinators are not members of the Board of Directors and shall have no vote in such capacity. Nothing herein prevents a Director of the Board from filling a position as a Program Coordinator, in which case, the Director shall retain his or her vote as a Board Director. t Section 8. Technology Committee t The Technology Committee will be responsible for the development of a uniform registration process and a central participant database. . The committee will also develop and maintain the TRA Website. The chair of the committee shall keep and provide each Program Coordinator, the Executive Committee, and the Board with a list of all program participants by program. or as otherwise asked for by these groups. f File Name Bytem-2001 doc 10 Rn"god. nAvy"her }A ~Mt Mw MEMORANDUM[ OF ACTION OF THE BOARD OF DIRECTORS OF _ TIGARD RECREATION ASSOCIATION Effective: December 18, 2001 We the undersigned, the directors of Tigard Recreation Association (The "Association"), having been duly called for a meeting of the Board of Directors on December 18, 2001, at Tigard United Methodist Church, each waive notice of the proposed revisions to the Association's Bylaws and consent to the transaction of any and all business by the } directors which may properly come before this meeting, including, the discussion and approval of revisions to the Bylaws. ` Effective December 18, 2001, and the Board of Directors consented to this action as shown i:. by the signatures below. _ APPROVED: Barbara Myshak athleen Penner r~ U_LL.~ S*'jD_L3C,_L L1 Julie Spisak Marie J son 1;. • DIRECTORS ovt. ort: f' i Qc~ toil 0000 ' -~1gard gecreat 121A810A e Gom VPe 8 See b'1~' Executiv The d Eleltsthe Year r";eY Or" 1-1w guard 1ne'mf8 a a o he an ylto guard. tde,,,. ,,,qou'd S-1 of 011811011 'term of Board ~ 2 U9 tc 9 ~ er Yew Ghurc~ Th®u are e exec uttve Co of E%ecufwe mbera lorrursitl8~ deo a d1. rs ►Asmb Th Boa aPPcovat utlNo G ss are Gomm' rites Tthe ~Td and hav9 the CGhm ed by proUr?ms~~ d sub"qued 80 MWM + aboy to matte dedil" the appS0 1 by th0 bshslt 01 1130 Boat presided S lat Eves Gomm wor'Al vAh later Board a mntea Pu~~ Reiattons ~ 1~m~ Legal Rldk Mang m lrtdoolG~rd GorF,or'aie p01111$6 urea Gomm - IJIr. gob- 1 ~1~inde'PsnBent 1 mss ~1 - i ~ It 1- Gontre110f ,1 Ip ~ f __a ~truc~ure.vscl epr.. er^ 1,... ~v+.. /M•. s::. .s.=^ t^.^ ~ iRS:~ ,R=r,~ ,rt !ar!y uk. ^"i " , About T'RA Tiga-rd The Tigard Recreation Association, TRA, is a non-profit, volunteer run organization dedicated to providing affordable, educational, and recrea- tional programs to our community. TRA began in 1990 when parents ecreation approached t{-,- city of Tigard to ask for assistance in establishing an indoor play park program. In 1991 space was located at Tii: M - -ger Community Center and the Tiny Tykes Indoor Park was established as an ongoing library program through Educational Services. s$®aia m 1994 saw the end of the affiliation with the city of Tigard, and Tigard Recreation Association became an independent non-profit organiza- tion. Since then TRA has grown to in- `WI7017 YOU 'r6) readY clude dance classes for all ages along with music classes for our lit- to Play! tie' HOW TO REACH TR A tlest participants. Currently, Tiny Tykes and Music P.O. Box 230854 Tel: 503-524-8794 are held at the Tigard United Tigard, OR 97281 Methodist church, off HWY 99, in Tgard. Dance is held at the Tigard Message phone: 503-524-8794 Gnange on HWY 99. MNE= t AL 'W A, V A& W A, AIL AL W AL ~W,4&-WAL'WAL A, AL Ah, 1 Tir+y Tykes , li TRA's Indoor Park is aparent- tip" supervised indoor play area for children up through 5 years old. ~ TRA Music it offers: T RA Clean & Safe environment The TRA pance program offers low - cost dance classes to the commu The TRA Music program is designed parent cooperative nity for boys and girls, ages 4 to as an early introduction to music for Free Craft times adult. young children, ages 1 to 5. • Unique opportunity for par ents to network and make it offers: it offers: ced interactive classes f riends Tap, Ballet, Jazz and Hip Hop . Fast -pa classes Singing, listening, playing instru- • A wide array of toys, puz- • Progressive classes that work ments and moving to the music zles and books towards a Spring Dance Recital Fun and engaging parent and • An opportunity to learn new child participation dance skills, make new friends, New classes starting fall, win- and build self-confidence ter, and spring N • Highly skilled dance instructors Mail, • Classes by age group -AAIW with years of teaching experi- ence ti• i~ City of Tigard FY 2002-03 Community Event Grant Requests 03/01/2002 Target (based on proportional share of policy set-aside) = $41,215 FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 Aganc Actual Actual Actual Ado ted Requested Recommended Art Resources of Tigard (ART) Direct 7,500 In-Kind Broadway Rose Direct 8,244 10,000 10,000 10,000 10,000 In-Kind Festival of the Balloons Direct 5,778 10,000 10,000 10,000 10,000 In-Kind Tigard 40th Birthday Direct 0 0 0 2,000 In-Kind 1,000 Tigard Blast Direct 0 0 0 5,000 5,000 In-Kind Tigard Country Daze Direct 3,444 1,000 0 0 In-Kind Tigard 4th of July Direct 4,500 7,500 7,500 7,500 7,500 In-Kind 1,600 1,600 Tigard High Graduation Ceremony Direct 500 500 500 500 1,000 In-Kind Tigard Recreation Association (TRA) Direct 800 In-Kind 94 Train Days Direct 2,500 0 4,000 0 In-Kind Tualatin Riverkeepers Direct 0 1,000 1,710 2,000 3,000 In-Kind 500 500 Tualatin Valley Community Band Direct 1,122 1,200 1,250 1,850 1,850 In-Kind 103 Total Direct 26,088 31,200 34,960 38,850 46,650 - In-Kind - - - 3,100 2,297 - i:Fin\Budget 03\Community $ Social\Social Service - Community Event Summary.xls Community Events 02/2642002 1:47 PM CITY OF TIGARD, OREGON 13125 SW HALL BLVD. TIGARD, OREGON 97223 503-639-4171 FY 2002--03 COMMUNITY EVENTS FUNDING REQUEST Event Name: Tualatin Riverkeepers' Trips & Tours 2002/2003 Season Address: 16507 SW Roy Rogers Road City, State, Zip: Sherwood, OR 97140 Contact Name: Sue Marshall Telephone Number: (503) 590-5813 1. Request (express in whole dollar amounts only) Cash $ 3,000 In-Kind Services (use of City property, City staff support, $ 500 etc. Please explain the services requested on a separate sheet) Total Request $ 3,500 2. Purpose of Funding Request: To support the Tualatin Riverkeepers Trips & Tours 2002-2003 Season. This program provides local recreational opportunities, raises environmental awareness and engages the public in watershed stewardship. The season includes the 13th Annual Tualatin River Discovery Day. 3. Please submit the following information with this request: a. Detailed budget, including FY 2000-01 actual expenditures, FY 2001- 02 Adopted Budget, and FY 2002-03 Proposed Budget. The Budget should identify beginning and ending balances, major revenue sources, major expenditure categories, and number of authorized positions. b. Audit report or financial statements for the last fiscal year.** C. Articles of Incorporation.* d. 501(c)(3) status.* e. Organization Bylaws* * Information not required if it has been submitted at least once in the last five years. Lack of adequate financial information could result in denial of request. Tualatin Riverkeepers' Trips & Tours 2002-2003 Season The Tualatin Riverkeepers' Trips & Tours Program is the "heart and soul" of our organization. With the support of the City of Tigard over the past three years, the Riverkeepers' Trips and Tours Program has provided local recreational opportunities, raised environmental awareness, and engaged the public in watershed stewardship. This season, we are requesting $3,000 from the City of Tigard for costs that will be incurred during our Trips & Tours 2002-2003 Season. Costs include: equipment rental and upkeep, insurance, traffic control, printing of Tualatin River Tales, commemorative t-shirts and posters, staffing for reservations and information, and volunteer recruitment and coordination. We are also requesting use of the Cook Park boat ramp, dock and restrooms for Discovery Days from 9 am to 2 pm, with an estimated value of $500 for in-kind services. Our Trips & Tours events are designed to help the public get to know the Tualatin River. Giving the members of our community a chance to explore the Tualatin River helps them understand why the river needs to be both protected and restored. It usually takes just one experience on or near the water to get people to embrace the river, to care about its health and realize it is a significant part of our community. This year we will offer over sixteen public canoe trips (see attached schedule), a van tour of the Upper Tualatin River, at least four special audience outreach paddle trips, a trip leader training course, and a series of birding classes. We attempt to offer something for everyone. On June 22, 2002, the Tualatin Riverkeepers will hold our 13a' Annual Tualatin River Discovery ]Days, the largest paddling event held each year on the Tualatin River. This event is a wonderful way for those in our community to be both introduced and reintroduced to the river. We expect more than 100 canoes and kayaks carrying over 200 people to join us as we paddle from Rivermeade Homeowners Park to Tualatin Community Park. This route provides participants an opportunity to paddle along the southern edge of Tigard, with stops at the 99W Bridge and the City of Tigard's Cook Park. There will be a community environmental fair in Tualatin Community Park at the end of the paddle. Local governmental agencies, community groups and volunteer organizations will be on hand to introduce and educate the community about their work. We will also publish Tualatin River Tales, a historical and ecological guide focusing on the stretch of the Tualatin River that we will be paddling, which will be distributed to all participants. Additionally, to help celebrate the City of Tigard's Cook Park expansion, the Tualatin Riverkeepers will plan a paddle trip on May 4`h as part of the ribbon cutting ceremonies for the Butterfly Garden in Phase I. We also plan to offer paddle trips during the grand opening events for the completed park expansion. Collaborations like these encourage more public participation in recognition for successfully completed projects such as the one at Cook Park. Our programs continue to become more successful each year, attracting new people from the community. The success and growth of the Trips and Tours Program would not be possible without the support and commitment of cities like yours. We look forward to a continuing cooperative relationship with the City of Tigard. TUALATIN Riverkee ers Tualatin Riverkeepers Trips and Tours: January - December 2002 While Tualatin Riverkeepers (TRK) paddle trips and van tours are open to all members and the general public, space is limited and reservations are required. There is a trip charge of $5 per person for TRK members and $10 for nonmembers. TRK canoes are available to members free of charge by reservation. Nonmembers may rent our canoes for our paddle trips for $20. Alcohol is not permitted on trips or tours and personal flotation devices must be worn on paddle trips. TRK trips may be cancelled due to severe weather (lightning, flooding, ice, etc.), but will often take place in the light rain. Please dress accordingly. All trip leaders are volunteers and are not compensated for the time and energy that they put in to making our Trips and Tours Program successful. TRK trips may be canceled if we are unable to recruit sufficient volunteer support to lead a safe and enjoyable trip. For more information or to register, please call (503)590-5813 or email infoOtualatinriverkeepers.org. ➢ Date: Saturday, January 26`h. Jackson Bottom Wetlands Preserve Winter Paddle Trip Where: Jackson Bottom Wetlands Preserve, Hillsboro. Times: 9 a.m. & 1 p.m. ➢ Date: Saturday, February 16th. Jackson Bottom Wetlands Preserve Winter Paddle Trip Where: Jackson Bottom Wetlands Preserve, Hillsboro. Times: 9 a.m. & 1 p.m. ➢ Date: Saturday, March 9th. Trip Leader Review and Training Workshop Where: 16570 SW Roy Rogers Road. Time: Noon to 6 p.m. ➢ Date: Sunday, April 21'. Metro Paddle and Hike with Naturalist James Davis (Beginner) Where: Eagles Landing to Munger Property. Time: Noon to 4 p.m. ➢ Date: Saturday, May 11th. Metro Paddle and Hike with Naturalist James Davis (Beginner) Where: Eagles Landing to Munger Property. Time: 9 a.m. to 1 p.m. ➢ Date: Saturday, May 18`h. Migratory Songbird Festival Paddle Trips (Beginner/Intermediate) Where: Tualatin River National Wildlife Refuge. Time: 10:00 a.m. & 1:30 p.m. ➢ Date: Saturday, June I". Blue Heron Week Celebration Paddle Trips (Intermediate/Advanced) Where: Rood Bridge Park, Hillsboro. Time: 1 p.m. to 4 p.m. ➢ Date: Saturday, June 22nd. 13th Annual Tualatin River Discovery Day Where: Rivermead Homeowners' Private Park. Time: 9 a.m. to 2 p.m. ➢ Date: Saturday, July 13th. Eagle's Landing Grand Opening Celebration Paddle Trip (Beginner/Intermediate) Where: Eagle's Landing. Time: 10 a.m. to 1 p.m. ➢ Date: Saturday, August 24th. Mid-Summer's Night Paddle Trip (Beginner) Where: Tualatin Community Park, Tualatin. Time: 6 p.m. to 8 p.m. ➢ Date: Saturday, September 7th. Summer Paddle Trip (Beginner/Intermediate) Where: Cook Park, Tigard. Time: 1 p.m. to 4 p.m. ➢ Date: Saturday, September 14th. End of Summer Paddle Trip (Intermediate) Where: 99 Bridge, Tualatin. Time: 10 a.m. to 1 p.m. ➢ Date: Saturday, October 19'h. National Refuge Week - Paddle on the Refuge (Beginner) Where: Tualatin River National Wildlife Refuge. Time: 11 a.m. & 2 p.m. TUALATIN RNERKEEPERS FY 01102 BUDGET STATEMENT OF FINANCIAL ACTIVITY CONSOLIDATED DEPARTMENTS REVMOCTOMM20M FY 01M2 July August September October November December January February March April May Jam BUDGET REVENUE: FOUNDATIONS 99,320 4,013 11,013 7,040 8,700 7,040 7,040 8,000 8,000 8,000 10,500 9,393 10,581 GOVERNMENT 35,907 3,492 3,492 5,492 3,492 3,492 3,492 2,158 2,158 2,158 2158 2158 2165 MEMBERSHIPS - INDJORG. 24,500 2,041 2,041 2,041 2,041 2,041 2,041 2,041 2,041 2,041 2041 2,041 2049 CONTRIBUTIONS 24,700 3,000 19,700 2,000 MAJOR GIFTS 10,000 1,000 4,500 4,500 CORPORATE SUPPORT 14,000 500 1,500 2,000 2,000 4,000 4,000 EVENTS EFO WORKPLACE GIVING 11,100 2,608 2,608 2,608 • 3,276 CONTRACTSERVICES/SALES 1,000 500 500 SALES OF MATERIALS 4,350 300 750 750 750 1,800 IN-KIND CONTRIBUTION 6,000 500 500 500 500 500 500 500 500 500 500 500 500 INTEREST 1,000 83 83 83 83 83 83 83 83 83 63 83 87 MISCELLANEOUS TOTAL REVENUE 231,877 10,629 19,737 16,166 16,316 18,764 16,666 17,682 19,890 17,032 39,732 18,201 23,182 EXPENSES: SALARIES 106,570 8,041 8,041 8,041 11,374 8,041 8,041 8,041 8,041 8,041 11,374 8,041 11,383 TAXES 8 FRINGE BENEFITS 27,985 2,332 2,332 2,332 2,332 2,332 2332 2,332 2,332 2,332 2332 2,332 2333 TOTAL PERSONNEL 134,485 10,373 10,371 10,373 13,706 10,373 10,373 10,373 10,375 10,373 13,706 10,373 15,716 CONTRACT SERVICES 19,100 385 385 385 3,866 3,866 2,260 2,266 2,266 2,266 385 385 385 OCCUPANCY (UTILITIES) 6,600 550 550 550 550 550 550 550 550 550 550 550 550 TELEPHONE 3,600 300 300 300 300 300 300 300 300 300 300 300 300 SUPPLIES 3,000 250 250 250 250 250 250 250 250 250 250 250 250 POSTAGE 4,500 375 375 375 375 375 375 375 375 375 375 375 375 PRINTING 7,000 583 583 583 583 583 583 583 583 583 583 583 587 PRODUCTION OF PUBLICATIONS 9,000 2,000 6,700 300 INSURANCE 2,420 201 201 201 201 201 201 201 201 201 201 201 209 MEMBER OUTREACH 2,400 200 200 2000 MEMBERSHIPS 300 100 200 TRAVEL 2,800 233 233 233 233 233 233 233 233 233 233 233 237 CONFERENCESRRAINING 2,000 200 200 200 200 200 200 200 200 200 200 MEETING EXPENSES 8,500 83 83 500 500 83 1,000 83 1,000 5,000 83 85 LEGAL FUND 1,000 200 400 400 PUBLICATIONS 300 25 25 25 25 25 25 25 25 25 25 25 25 COST OF SALES 2,480 171 427 427 427 1,028 MISCELLANEOUS 2,000 166 166 166 166 166 166 166 166 166 166 166 174 TOTAL SUPPORT COSTS 77,000. 3,068 3,261 5,361 14,149 7,449 6,226 6,320 6,232 7,276 90296 3,978 6,405 DEPRECIATION 4,420 368 368 368 368 368 368 368 368 368 368 368 372 ECUIP PURCHASE/RENTAL 1,750 145 145 145 145 145 145 145 145 145 145 145 155 TOTAL EQUIPMENT COSTS 6,170 613 513 513 513 513 613 513 513 513 513 513 627 TOTAL EXPENSES 217,656 13,964 14,137 16,737 28,368 18,336 16,112 17,206 16,116 18,162 23,514 14,864 20,648 OPERATING EXCESSES OR (DEFICIT) 14,222 (3,325) 5,600 (1,081) (12,052) 429 (456) 376 3,772 -1,130 16,218 3,337 2534 Cummula6re (3,325) 2,275 1,194 (10,858) (10,429) (10,885) (10,509) (6,737) (7,867) 8,351 11,688 14,222 TUALATIN Riverkeepers < - 16570 SW Roy Rogers Read Sherwood, OR 97140 (503) 590-5813 i fax (503) 590-6702 TRANSMITTAL info@hWatinrieeftepers.org To: Craig Prosser, Finance Director From: Margot Feria-Neamtzu City of Tigard Phone: (503) 639-4171 Pages: Fam Onto: February 7, 2002 Re: 2002-2003 Grant Request CC: Comments: Enclosed please find the following: o FY 2002-2003 Community Events Funding Request • Grant Proposal 9 Tualatin Riverkeepers' Trips & Tours 2002 Schedule • FY 2001-2002 Budget • 2002 Annual Report 0 2001 Audited Report i The following documents were also submitted. Please contact Heather Block, at (503) 639-4171, ext. 431 to view a copy. Thank you. Annual Report to Members - January 2002 Financial Statements - Years ended June 30, 2001 (Audited) & and 2000 (Unaudited) z i i Tualatin Tuw!®tin Valley Commmity Bond Valle P .O. Sax 230773 Communit TWrd OR 97281-0773 Band January 28, 2002 Mr. Craig Prosser Finance Director City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. Prosser, I am pleased to submit. our 2002 Community Event Funding Request to the City of Tigard. I believe the material provided is complete. If you have any questions about the content of this application, do not hesitate to contact me at 503-414-3058 or p.pasteris@verizon.net. I look forward to working with you and the City to continue our Band's tradition of serving the Tigard Community with quality musical performances and community services. Sincerely, c 'NA, S. Phil Pasteris President, Tualatin Valley Community Band Cc: Steve Heuser, Director, NCB, P.O. Box 97281-0773, Tigard, OR 97281-0773 Tim Roberts, Secretary, TVCB, P.O. Box 97281-0773, Tigard, OR 97281-0773 Lee Boekelheide, Treasurer, NCB, P.O. Box 97281-0773, Tigard, OR 97281-0773 Tualatin Halley Community Band FY-2002 Community Event Funding Request Event Name: Tualatin Valley Community Band - htto://www.tvcb.gen.or.us Address: P.O. Box 230773, Tigard, Oregon 97281-0773 Contacts: Phil Pasteris, Board President, 639-9740 (h), 414-3058 (w), p.pasteris@verizon.net Steve Heuser, Music Director, 691-1446 (h), 691-9700 (w) heusers@aol.com 1. Request cash $1,850 In--kind Services Use of the Scheckla-Bishop Structure for weekly rehearsals and free concerts durirfg the summer. Total Request $1,850 2. Purpose of Funding Request: The Tualatin Valley Community Band (TVCB) is a State of Oregon recognized nonprofit organization with a three-fold mission (1) to provide high quality live public music performances for civic and educational functions, (2) to provide an opportunity for musicians of all ages and ethnic backgrounds to perform music, and (3) to foster music education by providing individual scholarships and donations to music education programs. TVCB was formed in 1989 and has been under the direction of Steve Heuser since 1991. During 2001, the NCB participated in the following free public events in the metropolitan area: a. Music is for Life Concert, Fowler Middle School, Tigard, Oregon, February 25, 2001. b. Smith Aviation Museum, McMinnville, Oregon, June 10, 2001 c. Tigard 4th of July Celebration, Tigard High Football Stadium. d. Cook Park Summer Concert, Tigard, Oregon, July 29th, 2000. e. High School Concert, Sherwood High School, November 6, 2001. f. Patriotic Concert, Tigard Water Building, November 13, 2001. g. TVCB Winter Concert, Tigard High School, December 2, 2001. h. Zoo Lights, Oregon Zoo, December 4, 2001 at the Oregon Zoo. The TVCB plans to carry out a similar performance schedule in 2001. Our rehearsals are open to the public in Cook Park every Tuesday evening during the summer. The requested funds would be used as follows (see Adopted Budget for details)- 0 Tigard/Tualatin High School Auditorium rental, 3 free concerts @ $250/concert ................................................................................................$750 Music scores, approximately 6-8 ..................................................................................................$600 s Liability insurance to perform free public concerts in Tigard ............................................$500 Total Request $1,850 1/28/2002 7:34 PM tigardfunds02 Page 1 of 1 Tualatin Valley Community Band FY-2002 Community Event Funding Request 3. Financial Information 3.a.1 Detailed FY-2000 Budget tvcb-All Accounts 01-Jan-22 TVCB 2000 Income Expense 00-Jan-01 Through 00-Dec-31 Page 1 00-Jan-01- Category Description 00-Dec-31 INCOME Donations 2,069.50 Festival Fees 328.33 Portfolio Rent 4.00 T-Shirt Sales 147.00 TOTAL INCOME 2,548.83 EXPENSES Business Tax 10.00 Entry Fees 0.00 Finance Charge 4.44 Gifts 20.00 Groceries 382.29 Instr Service 80.00 Instruments 100.00 Music 917.40 Office Supplies 76.34 P 0 Box Rent 44.00 Photography 165.00 Printing 334.33 Rent Paid 760.36 Shipping 5.00 T-Shirt Cost 144.00 TOTAL EXPENSES 3,043.16 TOTAL INCOME - EXPENSES -494.33 1/28/2002 7:16 PM tigardfunds02 Page 2 of 2 Tualatin Valley Community 'FY-2002 Community Event Fling Request 3.a:.1 Detailed FY-2001 Budget tvcb-All Accounts 02/01/06 TVCB 2001 YTD Income & Expense 01/01/01 Through 01/12/31 Page 1 01/01/01- Category Description 01/12/31 INCOME Donations 2,547.20 T-Shirt Sales 75.00 TOTAL INCOME 2,622.20 • EXPENSES .Business Tax 10.00 Entry Fees . 100.00 Finance Charge 3.26 Gifts 7.99 Groceries 75.01 Insurance 600.00 Music • 754.80 Office Supplies 46.11 P O Box Rent 45.00 Printing 142.50 Rent Paid 515.60 Tax: Fed 501(c)(3) App. 150.00 TOTAL Tax 150.00 TOTAL EXPENSES 2,450.27 TOTAL INCOME - EXPENSES 171.93 1/28/2002 7:16 PM tigardfunds02 Page 3 of 3 Tualatin Valley Community Lknd FY-2002 'Community Event Funding Request 3.b.2 TVCB Board Proposed and Adopted rY-2001 Budget Category Description INCOME City of Tigard Contribution $1,750.00 Other Donations 1,000.00 Scholarship Donations 1,000.00 TOTAL INCOME $3,750.00 EXPENSES Business Tax 10.00 Festival Exp 100.00 Gifts 20.00 c Tigard-Tualatin Music Program Donations 200.00 Music 500.00 Office Supplies 75.00 P O Box Rent 45.00 Printing 350.00 Facilities Rental 750.00 Organizational Insurance 500.00 Scholarship 1,000.00 Uncategorized Expenses 0.00 TOTAL EXPENSES $3,550.00 TOTAL (INCOME - EXPENSES) $200.00 i f 1/28/2002 7:16 PM tigardfunds02 Pcmje 4 of 4 Tualatin Valley Community Band FY-2002 Community Event Funding Request 3.b.2 TVCB Board Proposed and Adopted FY-2002 Budget Category Description INCOME City of Tigard Contribution $1,850.00 Other Donations (Subject to grant(s)) 6,500.001 Scholarship Donations 800.00 TOTAL INCOME $9,150.00 EXPENSES Business Tax 10.00 Festival Exp 100.00 Gifts 10.00 c Music 800.00 Office Supplies 100.00 P 0 Box Rent 45.00 Printing 300.00 Facilities Rental 750.00 Organizational Insurance 500.00 Scholarship 800.00 Instrument Purchase (subject to funds) 5,100.00 Recording Equipment 500.00 Uncategorized Expenses 0.00 TOTAL EXPENSES $9,015.00 TOTAL (INCOME - EXPENSES) $135.00 Notes: 1TVCB obtained a 501(c)(3) designation in November 2001. For planning purposes, we have included a separate $6,500 grant request as part of the 2002 budget to purchase specific musical instruments for public performances. There is no guarantee that TVCB will obtain these funds. 3 . c Articles of Incorporation On file with the City of Tigard. No changes made during FY-2001 3.d 501(cX3) status NCB obtained a federal tax-exempt designation on November 21, 2001 (copy attached). The NCB Employer Identification Number is 93-1168909 and our bLN Number is 17053299033021. 3.e Organizational Bylaws On file with the City of Tigard. No changes made during FY-2001 1/28/2002 7:22 PM tigardfunds02 Page 5 of 5 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: 93-1168909 DLN: 17653299033021 TUALATIN VALLEY COMMUNITY BAND Contact Person: PO BOX 230773 LYNN A BRINKLEY ID# 31435 TIGARD, OR 97281 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Form 990 Required: Yes Addendum Applies: No Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) We have further determined that you are not a private foundation within the meaning of section 509(a) of the Code, because you are an organization described in sections 509(a)(1) and 170 (b) (1) (A) (vi) . If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. In the case of an amend- ment to your organizational document or bylaws, please send us a copy of the amended document or bylaws.. Also, you should inform us of all changes in your name or address. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA) Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, if you are involved in an excess benefit transaction, that transaction might be subject to the excise taxes of section 4958. Additionally, you are not automatically exempt from other federal excise taxes. If you have any questions about excise, employment, or other federal taxes, please contact your key district office. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the Letter 947 (DO/CG) -3- TUALATIN VALLEY COMMUNITY BAND You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax retubn on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. This determination is based on evidence that your funds are dedicated to the purposes listed in section 501(c)(3) of the Code. To assure your continued exemption, you should keep records to show that funds are expended only for those purposes. If you distribute funds to other organizations, your records should show whether they are exempt under section 501(c)(3). In cases where the recipient organization is not exempt under section 501(c)(3), there should be evidence that the funds will remain dedicated to the required purposes and that they will be used for those purposes by the recipient. If distributions are made to individuals, case histories regarding the recipients should be kept showing names, addresses, purposes of awards, manner of selection, relationship (if any) to members, officers, trustees or donors of . funds to'you, so'that anv and all distributions made to individuals can be substantiated upon request by the Internal Revenue Service. (Revenue Ruling 56-304, C.B. 1956-2, page 306.) If we have indicated in the heading of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. 5;ancer Steven T. Miller Director, Exempt Organizations Letter 947 (DO/CG) 0 M.EMORANDUM A.k TO: Honorable Mayor and City Council Bill Monahan, City Manager FROM: Ed Wegner, Director of Public Works RE: Study Session Item on March 12, 2002 DATE: March 11, 2002 Scheduled for discussion at the City Council Study Session on March 12, 2002 was the topic of options for Cook Park Concessions. This agenda item includes a discussion about the league participation and the development of Cook Park, Phase II. A joint meeting between the Leagues and the City has been set for March 14th to discuss this issue. I would respectfully request that we postpone this agenda item until the March 19th Workshop in order to allow staff time to incorporate information from the League meeting on March 14th. am sorry for this inconvenience but we had anticipated the meeting to be held prior to our March 12th Council meeting. Thanks! AGENDA ITEM # SS i D a FOR AGENDA OF 3/12/02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discuss options available for Cook Park Concessions erations PREPARED BY: Dan Plaza DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Discuss options available for Cook Park Concessions Operations. Council is being asked to consider this item since the City has several concession operation options, which will require City Council direction. Two of our options would be to seek an RFP, awarding a concession contract to a sole vendor, using an exemption to the competitive bidding requirements, or preparing a supplement (addendum) to the Atfalati Recreation District Agreement. The options to be considered by Council are: • Offer to the State Commission for the Blind, the opportunity to provide vending services in Cook'Park; • Have a competitive solicitation process (either an invitation to bid or a request for proposals), in which the City would provide the solicitation to the Commission, making sure that the Commission is informed of the opportunity to submit a bid or proposal and that a contract will be awarded, as required by ORS 346.530 • Use an exemption to the competitive bidding requirements, without giving the Commission the first opportunity to present an offer, (possible exemptions include contracts under $25,000, contracts with other public agencies, and, arguably, personal services contracts); or • Work with the City Attorney to prepare a supplement (addendum) to the Atfalati Recreation District Agreement, dated 2/2/98, to provide more detail (as contemplated in the agreement) concerning the construction and operation of a concession stand at Cook Patk. As an agreement among property owners relating to management of the real property, it should not be subject to public contracting rules and should avoid problems with ORS Chapter 346. STAFF RECOMMENDATION Staff recommendation would be for City Council to direct staff to work with the City Attorney on preparation of a supplement (addendum) to the Atfalati Recreation District Agreement to provide more detail (as contemplated in I the agreement) concerning the construction and operation of a concession stand at Cook Park. INFORMATION SUMMARY It has recently come to the City's attention that there is a State Statute (ORS 346.510 through 346.570) that states that the Oregon Commission for the Blind has preference in operating concession stands in a City Park. The Commission for the Blind currently operates the vending machine service provided by the City of Tigard. The fact that the City is currently using the Commission for the Blind to operate the City's vending machine service led to the question regarding the operation of a concession stand by the Commission for the Blind in a City Park (specifically Cook Park). In 1998, when the City and the Atfalati Recreation District entered into the agreement, dated 2/8/98, the City had no knowledge of the Commission for the Blind preference statutes. A memorandum, dated 1/27/02 from the City's Attorney discussed the issue of "Do ORS 346.510 through 346.570 require the City to use the Oregon Commission for the Blind to operate a concession stand in a City Park? " The Attorney's analysis states, in part, "ORS 346.510 through 346.570 apply to `vending facilities' on public property. `Vending facility' is broadly defined to include not just vending machines but `cafeteria or snack bars for the dispensing of food stuffs and beverages' as well. ORS 346.510 (2). A concession stand is within the definition of vending facilities, and a City Park qualifies as public property. Therefore, these statutes would apply to a concession stand in a City Park." On February 2, 1998, the City entered into an agreement with the Atfalati Recreation District (ARD). The purpose of the agreement is to set forth the obligations, rights, and responsibilities of the parties (ARD & City of Tigard) concerning the purchase of property, development of property, improvements to property, maintenance of property, and use of developed fields and the related facilities with the expansion of Cook Park. One of the improvements to the property was the development of a "snack shack". The City gave permission to ARD to provide a snack shack for ARD sales operation during the soccer and little league seasons. ARD plans to use the income from the snack shack to help pay for ARD's share of the purchase and development of property at Cook Park. The City Council approved the agreement with the Atfalati Recreation District by approving Ordinance No. 98-02, dated January 27, 1998. The approval of this Ordinance set in motion an agreement that called for ARD to share in the development costs of a new concession stand at Cook Park which would then be operated by ARD to help fund ARD's financial commitments (debt service) as set forth in the agreement. According to the City Attorney, "The agreement was not a contract for vending services on City property by an agreement delineating the respective rights of ARD and the City in the property. The City and ARD can supplement the agreement without violating public contracting law." Again, this issue has been raised because Atfalati Recreation District wants to operate the new concession stand at Cook Park in order to generate funds necessary to fund ARD's financial commitments (debt service) as set forth in the agreement with the City. Phase H of the Cook Park expansion project is currently out to bid. Therefore, Council direction is needed on the recommended option because Council's decision will impact the bidding for the construction of the concession stand. OTHER ALTERNATIVES CONSIDERED • Remove the construction of a concession stand from the Phase II construction of Cook Park • Opt to have City staff operate a concession stand at Cook Park. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY s City Council Goal #4 - Continue to implement the City Park Master Plan o Task (5) Continue to implement the Cook Park master plan ATTACHMENT LIST m Atfalati Recreation District Agreement with City, approved by City Ordinance No. 98-02 City Attorney Memo dated 2/20/02 FISCAL NOTES Funding for Phase II of the Cook Park expansion are derived from the Park SDC's, grant funding, and loan. Development of the concession stand at Cook Park could be a reimbursement from the Atfalati Recreation District _RAMIS CREW CORRIGAN & BACHRACH, LLP Practicing as Hibbard Caldwell Schuh Ramis & Crew in Or MEMORANDUM n Oregon City ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 (503) 222-4402 Pax: (503) 243-2944 TO: John Roy, Facilities Manager, City of Tigard FROM: Gary Firestone, City Attorney's Office DATE: February 20, 2002 RE: Concession Stand in Cook Park This memorandum is a follow-up to the previous memorandum dated January 27, 2001, regarding vending services. ISSUES 1. What approaches can the City take to the provision of vending services in Cook Park, assuming that the vending services will be operated pursuant to a public contract entered into between the City and the person or entity providing the services? 2. Are there alternative approaches to the operation of a concession stand in Cook Park that do not treat the agreement to operate the stand as a public contract? 3. What is the effect of the February 1998 agreement with Atfalati Recreation District? ANSWER Assuming that the agreement for operation of the concession stand will be considered a public contract, the City will have three basic options. The City has a fourth option that is based on Atfalati's interest in the property as an equitable owner. Option 1 under public contracting law is to offer to the state Commission for the Blind the opportunity to provide vending services in the park. If the Commission wants to provide the services, the City would then enter into an agreement with the Commission. Because the Commission is a public agency, the contract would be exempt from competitive solicitation rules. If the Commission is not interested, the City could then enter into a contract pursuant to its normal public contracting rules. Memorandum re: Concession Stand in Cook Park February 20, 2002 Page 2 Option 2 is to have a competitive process in which the city issues an invitation to bid or a request for proposals, providing the ITB or RFP to the Commission, with an express invitation to submit a bid or proposal and notifying the Commission that the City will be entering into a contract for the concession stand, including vending services. If the Commission submits a bid or proposal and the City awards the contract to someone other than the Commission, the City would have to notify the Commission of the award and the reason the contract was not awarded to the Commission. Cost to the City is a sufficient reason to not award the contract to the Commission. Option 3 is to use an exemption to the competitive bidding requirements, without giving the Commission the first opportunity to present an offer. If the City adopts this approach, it will have to provide the Commission with notice at least 30 days prior to the date it enters into the contract and must give the Commission the opportunity to match the offer. Possible exemptions include contracts under $25,000, contracts with other public agencies, and, arguably, personal services contracts. The City has authority under TMC 7.52.080(a) to issue permits for concessions. However, the City can recoup only its costs in the permit fee. The City could couple the concession permit with a lease in which the City could (and should) maximize the income to the City. However, if the existing agreement with Atfalati Recreation District (ARD) did not exist, the City would have a difficult time justifying a lease if it is not entered into by some type of competitive process. The lease could be considered a lease of a "public improvement," which would make the lease a public contract, or the lease could be considered a public contract if the amount of the lease payments were dependent on the volume of business. Furthermore, the permit to operate the concession stand and possibly the lease would be subject to the rules giving the Commission for the Blind a preference in providing vending services on public property. If this approach is used, the City would have to determine what the best deal is that it can reach with a prospective tenant/permittee and determine whether the Commission is able to match the offer. This approach could lead to legal challenges. However, the existing agreement with ARD creates options that otherwise would not be available. Option 4 is to supplement the existing agreement with ARD as a contract that is not a "public contract." In 1998, the City entered into an agreement with ARD. That agreement recognized that ARD has an equitable ownership interest in the Cook Park addition. The agreement was not subject to the public contracting rules because it relates to real property rather than to goods or services. The agreement gives the right to a "snack shack," but in the context of ARD's equitable property rights. Although the Commission could take the position that the City violated ORS 346.530, this was not a contract for vending services on City property but an agreement delineating the respective rights of ARD and the City in the property. The City and ARD can supplement the agreement without violating public contracting law and should be able to avoid violating the Commission's preference. Memorandum re: Concession Stand in Cook Park February 20, 2002 Page 3 ANALYSIS Options Under Public Contracting Law Option .1 One option is simply to offer the Commission for the Blind the opportunity to provide vending services and enter into an intergovernmental agreement with the Commission. This would satisfy the statutory preference given to the Commission (ORS 346.510 through 346.570) and would also come within the exemption to public contracting rules for agreements entered into with other government agencies. ORS 279.015(a); AR 10.010.1.a. If the Commission decides not to offer to provide the vending services, the City would then be able to enter into an agreement with another party under the public contracting rules (including applicable exemptions). Option 2 The second option is to have a competitive solicitation process (either an invitation to bid or a request for proposals), in which the City would provide the solicitation to the Commission, making sure that the Commission is informed of its opportunity to submit a bid or proposal and that a contract will be awarded, as required by ORS 346.530. If the contract is then awarded to someone other than the Commission, the City would have to provide notice to the Commission of the award and the reason why the Commission did not get the contract. ORS 346.530(2). A difference in terms and conditions is a sufficient justification. See ORS 346.530(2) Option 3 The third option under the public contracting rules is to award the contract under an exemption provided in the public contracting rules. Under this option, the Commission would have to be given the opportunity to obtain the contract on the same terms as the person awarded the contract. This easiest way to do this is simply to determine what the best deal for the City is and give the Commission the opportunity to match the deal. The City would have to make sure that the Commission is given notice of the contract 30 days before it is entered into, and, if the Commission makes any offer, provide the Commission with a justification for not awarding the contract to the Commission. ORS 346.530. Several options to proceed under an exemption may be possible. The City could enter into an agreement with another government agency. ORS 279.015(1)(a); AR 10.010.1.a. If the value of the Memorandum re: Concession Stand in Cook Park February 20, 2002 Page 4 services provided is less than $25,000, the City could use the exemption provided by AR 10.010. Lc and 10.015. The City would have to obtain competitive quotes for contracts using this exemption. AR 10.015. Finally, the City may be able to take the position that the City is offering the concession services to the public and that the contract is for professional services in managing the City's concessions. However, there is at least some doubt as to whether the contract would constitute a professional services contract under AR 70.000. If the agreement can be classified as a personal services contract, the City would still have to follow either the formal or information selection procedures of AR 70.020. Alternatives to Public Contracting Law TMC 7.52.080(a) implicitly authorizes the City to issue permits for concessions in City parks. A permit is not a contract, so a permit is not subject to public contracting rules. However, a City can charge only permit fees for the permit. The City has inherent authority to lease City-owned property. Real property transactions are not normally considered to be a public contract. However, in this case the lease may arguably be subject to the public contracting rules. Some may argue that the lease is a lease of public improvements and therefore a public contract as defined by ORS 279.011(6), which defines "public contract" as "any purchase, lease or sale of personal property, public improvements, or services" other than personal services. However, "public improvements" is defined narrowly to essentially mean public improvement projects rather than completed public improvements. A more troubling argument is that the combination of a lease and a permit may be considered to be a public contract because together they amount to an agreement that involves the provision of services. Furthermore, even the lease by itself could be subject to the public contracting rules if the lease contains provisions relating to the provision of services and not just use ofthe property. A lease provision making the amount to be paid dependent on the volume of business could make the agreement subject to the public contracting rules. Assuming the lease is a lease of real property, the City's rules relating to transfer of real property generally apply to sales and not to leases. In the absence of statutory or code regulations governing the lease of City property, the City (and in particular the City Manager who has authority under Charter Section 20A.26) over City property) has an obligation to manage the property in the best interests of the public and the City. A misuse of City resources could be treated as a misuse of City funds. Therefore, any lease that does not result in maximum financial benefit to the City would have to be justified as meeting some other public interest. The only way to assure that the City gets the maximum financial benefit would be to provide some type of competitive process for the lease. Memorandum re: Concession Stand in Cook Park February 20, 2002 Page 5 Any attempt to structure the transaction as a permit and a lease could be subject to legal challenge that some aspect of the overall arrangement is a public contract. If the City decides to adopt this approach, it would still have to comply with the preference given to the Commission. It would have to provide the Commission advance notice and the opportunity to submit an offer. Another option under these particular circumstances is to provide more detail to the existing agreement with ARD, as discussed in the next section. The Effect of the Contract with Atfalati Recreation District. Inc./Option 4 The February 1998 agreement with ARD relates to the use of real property between two parties, each of which have an interest in the property. Under the terms of the Agreement, the City recognizes that ARD has equitable rights in the property, including the right to have a "snack shack." The agreement, because it relates to real estate rather than to the provision of goods and services, should not be considered a "public contract" subject to competitive bidding requirements imposed by state statute or the City's administrative rules. It is less clear whether the City should have advised the Commission about the 1998 agreement. The Commission could take the position that the agreement included a provision authorizing ARD to provide vending services on public property and that notice to the Commission was therefore required. However, the City has a reasonable argument that this was a division of rights among equitable property owners and that it therefore was not the granting of a contract for vending services that required notice to the Commission. The better position is that the 1998 agreement was a valid real property agreement and not a contract for vending services. The City therefore can take the position that the contract is valid and in effect. The agreement gives the right to ARD to have a snack shack, a right that ARD exercises as part of its equitable interest in the property. That right remains in effect, and the City and ARD can supplement the agreement to provide more detail (as contemplated in the agreement) concerning construction and operation of the concession stand. As an agreement among property owners relating to the management of the real property, it should not be subject to public contracting rules and should avoid problems with ORS Chapter 346. This situation does point out that there may be some opportunity for the provision of vending services elsewhere in Cook Park or in other city parks. The City has an obligation to identify opportunities for vending services on all public property it controls and to periodically inform the Commission of any such opportunities. ORS 346.530. The agreement with ARD does not give ARD the exclusive right to operate concessions in the park. In complying with the requirement to provide Memorandum re: Concession Stand in Cook Park February 20, 2002 Page 6 periodic reports to the Commission, it is advisable for the City to inform the Commission of Atfaiati's equitable interest in the park and its right as equitable owner to provide concession services. The City should also inform the Commission of any opportunities for vending services that exist in other portions of Cook Park, in other City parks, or on other City property. 0:\rnum\Tiprdbookconcessions.wpd r AGREEMENT The City of Tigard, an Oregon municipal corporation ("City"), lips purchased real properly defined as the Gray/Lamb Cook Park Addition ("Property") as more particularly described in the attached Exhibit "A", for the sum of $300,000 and the Atfalati Recreation District, Inc., an Oregon. non-profit corporation ("ARD"), will be contributing the sum of $150,000 towards the purchase of the Property as hereinafter set forth. The purpose of this agreement is to set forth the obligations, rights, and responsibilities of the parties concerning the purchase of the Property, development of the Property, improvements to the Property, maintenance of the Property, and use of the developed fields and the related facilities with this expansion of Cook Park in Tigard, Oregon. The City and ARD (and its members Tigard Soccer Club [TSC] and Tigard Little League [ILL]) have an arrangement at present whereby TSC and TLL have priority during their seasons for the use of the soccer fields and baseball/softball fields at the present park. The purpose of this agreement is to acknowledge the equity position that ARD will have in the Property being developed and that TSC and TLL will have a priority for the use of the developed Property during their seasons and to acknowledge that TSC and TLL will continue to have priority on the existing ball fields and soccer fields during the development of the Property. The purpose of this agreement is not to reduce the present use that TSC and TLL have in the existing fields, nor is it to give additional benefit as to use of the existing fields, but merely to acknowledge present use and provide for future use of the developed Property. Page 1 - AGREEMENT The purpose of this agreement is to also allow for the. consolidation awl cooMinated use of the present baseball/softball facilities at Cook Park, the existing soccer facilities at Cook Park and the facilities to be developed on the Property. The cooperative efforts between the City of Tigard, ARD, and the various recreational organizations that use the present facilities and the facilities to be developed is desirable to maximize the use for existing organizations and future organizations. The parties agree as follows: 1. Purchase of Real RWWgy. The present members of ARD, TSC and TLL agree to pay the City a minimum of $15,000 per year for a period of ten (10) years toward the purchase price of the Property for a total payment of $150,000. ARD shall have the right to prepay its obligation at any time. The TSC and TLL are presently assessing their members a per-player fee to fund this purchase. To the extent that there are assessed funds that have been collected by ARD for this purchase in excess of $15,000 per year, ARD agrees to place these funds in a separate account (the Fund), and said funds shall be used upon agreement between the City and ARD as to the use of these funds for purchase, development, improvement and maintenance of the Property. The first payment shall be due August 1, 1997, and each payment thereafter shall be due on May 1 of each year until the entire $150,000 is paid. i The City and ARD recognize that ARD is soliciting additional members to its organization. It is agreed that should additional ARD members use the Property, they shall be assessed for the use of the Property and funds assessed shall go into the Fund provided for herein. It is further Page 2 - AGREEMENT anticipated by the City and ARD th-a+ there will be other uses for the fields to be developed on the Property and users fees charged and collected by the City and that the City will place these funds in the development fund for the Property until the Management Committee Committee" as defined in Paragraph 2, has determined that the development called for in the 1997 Revised Cook Park Master Plan ("Plan") has been substantially completed. At that time, the use of these user fees shall be renegotiated between the City and ARD. 2. Management Committee Committee" . The Committee shall consist of two (2) City officials appointed by the City Council for the City, and two ARD representatives, one from TSC and one from TLL, appointed by their respective boards. With input from City staff and the boards, the development and improvement of the Property shall be the responsibility of the Committee within the confines of the City budget and funds becoming available from various sources. The Committee shall develop guidelines for use, scheduling, and maintenance of the Property.. Tigard's Department of Public Works shall be responsible for* maintenance of the facilities. 3. Mediation of Disagreements. The City and ARD agree that they will mediate any disagreements (including those arising in the Committee) between them and will immediately engage the services of a mediator to resolve their differences with reference to development, improvement, maintenance and use of the Property. Both parties acknowledge that they may have differences and agree in good faith to mediate and resolve all disputes having in mind the pr )tection of the fields and the use of the fields by the maximum number of participants in the City and the Page 3 - AGREEMENT surrounding area. The mediation shall be by agreement in a form per the attached agreement which is attached hereto as Exhibit "B." 4. Coals. The parties agree to the following goals: a. To provide an area that can be used by a large number of people for other City events such as the July 4 celebration and Tigard Festival of Balloons. b. To provide additional soccer and baseball/softball fields for TSC and TLL and other Tigard based youth and adult soccer and. basebantsoftball leagues as well as providing these fields to the public (which may be on a fee'basis). C. To maintain all fields at Cook Park at a high quality by limiting their use by rotation, and provide increased maintenance. d. To attract large tournaments and other recreational uses for the Tigard community. A portion of the income from the proceeds would be -used to maintain the fields. e. To have fields in the city available to the general public for general recreation. L To accomplish the first five goals with limited taxpayer money, but working with the City to share parking, utilities, and combining the strengths of the pa'lc and the fields. 5. Construction of Fields and Related Facilities. Subject to the availability of funds ARD will construct appropriate fields on the Property. If the City builds additional facilities at Cook Park, this Agreement may be modified to include the use and operation of those facilities. Page 4 - AGREF.U[ENT The City and ARD agree that the improvements identified in the Plan for the development of the Property benefit the TSC and TLL as well as the general public as a whole. Development and improvement to the Property directly related to ARD and its membership leagues; i.e. playing fields and parking (a percentage to be determined), and snack .shacks (and the playground to service the field) are the responsibility of ARD. The City shall be responsible for those improvements that primarily serve the general public; i.e., playing fields and parking (a percentage to be determined), restrooms and pathways. The above are examples and other development projects on the Property will be shared on a negotiated percentage basis between the parties. 6. Provision of Services to Property. City will provide electrical service, garbage collection (including refuse cans and dumpsters), water and sewer service to Cook Park as developed and expanded. City will provide ARD with access to the electrical panel for the sports fields during the recognized season in return for reimbursement, according to a schedule established by the City. 7. Payment of Costs for Annual Maintenance of Sports Fields. The Department of Public Works shall be responsible for a base level of maintenance for the sports fields such as mowing, watering, and fertilizing, etc., as determined in its annual budget process. If ARD wishes a higher level of maintenance on the sports fields and related facilities than the City is providing, then ARD may either provide such maintenance (with approval of the City) and be responsible for the cost, or it may negotiate these services and costs on an annual basis with the City. g. Maintenance and. Repair of Facilities. During the recognized TSC and TLL seasons, ARD shall remove all litter and garbage to approved receptacles provided by the City and Page 5 - AGREEMENT keep the Property in a clean and safe condition. ARD shall be responsible for lining all sports fields. Whether fields are suitable for play on a day-to-day basis shall be the sole decision of the City's Public Works Director or designee. The City shall require any other user of the Property to leave the Property in good condition and repair, including removal of litter and debris from the Property when the use is completed. The City and ARD recognize a use of the fields is a resting period for the fields, and that this resting and rejuvenation period for the fields is to be considered as a use of the fields when determining other uses of the fields. 9. Imp-rovements. ARD may make temporary or permanent improvements to the Property only with permission of the City Public Works Director consistent with the Plan and City financial processes. The City gives permission to ARD to provide a snack shack for ARD sales operation during the TSC and TLL recognized seasons. The City shall approve the type and placement of any improvement, including a snack shack, and shall receive funds to cover the cost of electricity to service the snack shack or actual cost as determined each year by the City's Public Works Director. All improvements to the property shall be constructed consistent with all local and state-legal requirements. Any improvement is the property of the City. Upon completion of the Plan, the City shall adopt a financial plan to fund its obligations under this Agreement. 10. . Priority in Use of Sports Fields. The City has the right to schedule community ' events in Cook Park. The City and the Committee recognize that ARD has priority to use the sports fields for conducting TSC and TLL activities during the appropriate recognized TSC and TLL seasons. This priority of use allows ARD fast option to use the sports fields and related facilities during TSC and TLL recognized seasons. Other persons or entities desiring to use the Page 6 - AGREEMENT Property for any purpose during the recognized seasons would have secondary priorities. Community events may preclude use of sports fields and related facilities by ARD; prior to scheduling these events the Committee shall be consulted. 11. Scheduling Other Uses of Property. ARD shall provide the Committee with a schedule of days and times of use and suggestions for field rejuvenation prior to February 1 of each year. The City shall schedule ARD reservation for the Property and review and schedule ARD's requests for other City fields. Reasonable use of the Property by other users consistent with ARD recognized TSC and TILL seasons, will be scheduled by the City utilizing a permit process. 12. Insurance. ARD and/or the specific member will maintain, in full force and effect during the term of this Agreement public liability and property damage insurance, including bodily injury, property damage, and personal injury insurance, covering ARD's and/or its member league's sponsored activities on the Property during the recognized sports seasons. This insurance shall cover all claims which might arise from operations and activities under this Agreement or pertaining to ARD's and/or its member league's activities directly and shall carry the City as an "Additional Insured." The insurance policy will be with a carrier allowed to transact business in Oregon. The policy of insurance maintained by ARD and/or its member league shall provide at least the following limits and coverages: General Liability and Property Damage and shall have a minimum liability of one million dollars for any one occurrence. ARD's and/or its member league's insurance policy shall conta.-i l)rovisions that such policy shall not be canceled or their limits of liability reduced without t;urty (30) days prior written notice to the City Risk Manager.. ARD Page 7 - AGREEMENT and/or its member league shall provide the City with Certificates of insurance in a form satisfactory to the City certifying the issuance of such insurance. The Certificates shall be forwarded to: Risk Manager, City of Tigard, 13125 SW Hall Blvd., Tigard, Oregon, 97223. Such certificates must be delivered prior to commencement of the terms of this Agreement. The procuring of such required insurance shall not be construed to limit ARD's and/or its member league's liability hereunder. Notwithstanding said insurance, ARD and/or its member league shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. 13. , Cooperation in Parks PlanmW. City has and will continue to involve the community in the planning for Cook Park, and design and construction of improvements to the Property. The City, TSC, TLL, neighbors and others have participated as members of the Cook Park Task Force. Through their efforts, and that of a consultant, the Plan has been developed. Public meetings have been held throughout the process. In the future, City will give notice of public meetings regarding its parks planning process, when revisions to the Plan are under consideration. 14. Term. This Agreement becomes effective on the date it is signed by both parties and will continue for a ten (10) year term which shall begin on August 1, 1997. 15. Ten Year Review and Termination of Agreement. Within a one-hundred and twenty day (120) period prior to the conclusion of the initial ten (10) year cycle, and each ten (10) year anniversary thereafter, ARD and City shall conduct a mutual review of this Agreement and modify or terminate the Agreement if both parties determine that such a modification or termination Page 8 - AGREEMENT is in the public interest. If at any time the Agreement is terminated and the property remains available for active recreational use by ARD, or the Property becomes urnusabte for recreational purposes, then no remuneration is required for either party. If at any time the Agreement is terminated and the Property will be unavailable for ARD use as outlined in this Agreement, then the City will either dispose of the Property or provide ARD with a replacement facility equal to or better than the Property. If a disposition of the Property occurs, the proceeds of the disposition shall be split 50 per cent to the City and 50 per cent to ARD or its successors (after deduction of the actual costs of disposition). This Agreement may also be terminated by either party for a material breach of its terms. The non-defaulting party shall give a written notice of default and opportunity to cure at least thirty (30) days before terminating the Agreement for cause. Upon termination, -ARD shall remove all of its equipment from the Property and leave the premises in good order and repair. 16. Entire Agreement. This Agreement is the entire agreement between the parties. Except as provided in Paragraph 16, any modification to this Agreement must be in writing and approved by both parties. 17. No Partnership. ARD and the City are not partners or joint venturers. Neither party is responsible for the actions of the other in the use of the Property. 18. Anti-Assignment. Miis Agreement- may not be assigned by either party without written consent of the other party. 19. Public Contracts Requirements: Anti-Discrimination. The City agrees to comply with the provisions of ORS 279.310 to 279.320, relating to mandatory provisions in public Page 9 - AGREBHNT contracts relating to payment of laborers, payment of claims, environmental and natural resources laves and other matters, which statutes are incorporated herein for improvements undertaken by the City. The City and ARD agree not to discriminate in the scheduling or use of the Property against persons on the basis of race, religion, color, national origin, sex, age, marital status, disability, or political affiliation. 20. Authority to Execute Agreement. Ibis Agreement shall be approved by an ordinance of the Tigard City Council. ARD represents that the person signing the Agreement on its behalf has authority to sign the Agreement. vo Y us ~t, DATED this ~D da f G 9 ~ 1 9d' INC. CITY OF TIGARD ATF MF IS By: By: As its: 4'e-lz As iiAaft\ca hylagmnmts fi.doc `vv~c~ C~ C Page 10 - AGREEMENT S~-u ~ S~s~%oYt 3.1« oz MEMORANDUM (CITY OF TIGARD, OREGON TO: Honorable Mayor and Members of City Council FROM: Liz Newton, Assistant to the City Manager DATE: March 12, 2002 SUBJECT: City Attorney Review. The City Council entered into a five-year contract with Ramis Crew Corrigan and Bachrach on December 19, 2000, to provide legal services to the City. The contract expires on December 31, 2005, unless otherwise terminated or extended. As part of the City's budget process, a review of city attorney services is scheduled for the study session of the March 26, 2002, City Council meeting. This discussion will give council members and the city attorney an opportunity to review the legal services provided over the past year, the issues discussed in the last review on October 24, 2000, (minutes attached), and present any suggestions to improve the service. At the last review on October 24, 2000, Tim Ramis committed to taking the lead in providing services to Tigard, including attendance at council meetings with Steve Crew as the back-up for council meetings. In response to a past Council concern, a commitment was made that in a quasi-judicial proceeding, the city attorney would be more involved to explain terms and monitor the record. In preparation for the Council's discussion with the city attorney, staff reviewed the current fiscal year charges to date and had two separate discussions with Tim Ramis and Gary Firestone to correct some charges that were inadvertently applied to the wrong City account numbers, and to explore cost efficiencies. The attached chart shows charges vs. budgeted amounts through January 31, 2002, reflecting the adjustments made to correct the incorrect charges. In an effort to assist staff in monitoring cost efficiencies, the attorney's office has agreed to use consistent terms in billings to reflect services such as for attorney review of Tigard projects or council packets. The rates for legal services provided by Ramis Crew Corrigan and Bachrach were increased effective January 1, 2001. No increase is being requested as part of this review. If Council members have questions or would like additional information prepared for the discussion at the March 26 meeting, please let me or Bill know before or at the March 19 Council meeting. That will allow time for us to request information from Tim's office or prepare additional materials in advance of your March 26 discussion. TIGARD CITY COUNCIL MEETING MINUTES - OCTOBER 24, 2000 • STUDY SESSION Mayor Griffith called the Study Session to order at 6:31 p.m. Council present: Mayor Griffith; Councilors Hunt, Moore, Patton, and Scheckla. Staff Present: City Manager Monahan, Assistant to the City Manager Newton, Legal Counsel Ramis, Finance Director Prosser and City Recorder Wheatley. City Attorney Review City Manager Monahan introduced this agenda item. He referred to a letter received today from Mr. Dayle Beach, which was distributed to the City Council. Mr. Beach's letter was a follow-up to earlier concerns he expressed about hiring outside legal counsel that represents private clients as well as the City. City Manager Monahan advised that Mr. Beach did not appear to have a particular concern about Tigard's City Attorney's office. Legal Counsel Ramis then overviewed the services of his law firm and proposal for continuation of the contract with the City of Tigard. He thanked the City Council for the opportunity to serve Tigard, noting that they had done business with the City for close to 20 years. Key points in Mr. Ramis' discussion included: • The plan is that Mr. Ramis will continue to take the lead in providing services to Tigard, including attendance at Council meetings. • If Mr. Ramis was not available for a meeting, then Mr. Steve Crew would plan to attend. Mr. Crew will also be involved in litigation issues as well. • No rate Increase is requested. Mr. Ramis noted that legal costs for Tigard are in the low-range for city attorney services when comparing to other cities. • In-house v. out-of-house legal services were compared. Mr. Ramis said their philosophy was that a law firm could bring depth of service by being able to provide legal counsel personnel familiar with a number of specialty areas. COUNCIL MEETING MINUTES - OCTOBER 24, 2000. PAGE 1 Mr. Ramis reviewed how conflict-of-interest situations are avoided. Client files are reviewed at the beginning to determine if a conflict may exist. The City Attorney's office does not take work from other clients that Involve the City. If an individual or flnm has business before the City, which has been represented by the City Attorney's office in some other capacity, this is disclosed. Potential conflicts are brought before the Council to ask for a waiver. Another option would be that the City Attorney steps aside and another attorney represents the City's interests. • Mr. Ramis commented on a past concern expressed by the Council that legal counsel be more participatory in meetings. He said that In a quasi- judicial proceeding, he will be more involved to explain terms and to monitor the record. • Mr. Ramis asked that the City Council renew the City Attorney contract for a five-year term. The contract would still be "at-will" insofar as either party can give appropriate notice to end the contract. ® While no rate increase is requested at this time, Mr. Ramis said the firm might propose a review of fees during the City's budget process. Council discussed the suggestion that the Budget Committee review a request for a rate increase. Councilor Scheckla questioned whether the citizen members of the Budget Committee would have enough background to make a recommendation about legal fees. City Manager Monahan suggested that if rate increases are proposed by the City Attorney's office, then the Council could review the rates before sending the information to the Budget Committee. Councilor Patton agreed with Councilor Scheckla's concern and suggested that information should be made available to the Budget Committee so they could understand why the request was being made. Councilor Patton supported either following the process that City Manager Monahan outlined or being prepared with an explanation to the Budget Committee if a rate increase is requested. Council discussed the City Attorney contract and services provided. In the previous contract review, the Council asked not to have a number of different attorneys attend meetings. Councilors Hunt and Patton noted they appreciated that Mr. Ramis was usually the representative attending from the attorney's office. One other area of comment from last contract renewal was to have the attorney participate more in the meeting. Councilor Hunt said that the general consensus of the Council was that this has improved but he would like the attorney to speak up even more. Mr. Ramis agreed he would look for ways to do this. Mr. Ramis explained that the City Attorney must balance between assisting with process and becoming too involved in policy making. COUNCIL MEETING MINUTES - OCTOBER 24, 2000 - PAGE 2 Council consensus was to support a renewal of the City Attorney contract with a five-year term. ➢ Administrative Items Saturday. October 28, 2000 City Manager Monahan reminded the Council of the Make-a-Difference Day activities on Saturday, October 28, as well as the Ribbon Cutting Ceremony for the pedestrian bridge over Fanno Creek near Main Street. SW Hawks Beard at 130' Avenue Task Force City Manager Monahan asked for comments about his letter requesting names for the Task Force for SW Hawks Beard at 130d' to review traffic issues. Councilors discussed City Manager Monahan's memo and potential additional names. Council agreed that Mark Mahon and Ted Spence should be asked if they would serve on the Task Force. Council members will contact staff with names of any other potential Task Force members. Mayoral Election - March 13. 2001 City Manager Monahan noted that information about how to run for Mayor in the March election is now available. Council requested that this information be added as a non-agenda item during the business meeting to make the public aware of the process. Franchise Ordinance - Portland General Distribution Company Councilor Moore advised that he would not participate in Agenda Item No. 6, which was a proposed ordinance granting Portland General Distribution (PGD) Company a franchise to conduct a telecommunication business in the City of Tigard. PGD Is a subsidiary of Councilor Moore's employer, Portland General Electric (PGE). Councilor Moore asked Legal Counsel Ramis what would happen if a vote were 2-2 on an issue. Mr. Ramis advised that a 2-2 vote means the same as a no vote In the City of Tigard. He pointed out that if the no votes were because of specific issues, then an option would be to send the item back to staff for renegotiation. New Library Construction Committee Interview Mayor Griffith advised that he and Councilor Scheckla had interviewed 14 candidates for the New Library Construction Committee. He noted how pleased he was with the applicants noting the variety of backgrounds they represented. Six people will be added to the Committee. Recommendations for these six individuals to be added as members of the Committee will be forwarded to the Council. COUNCIL MEETING MINUTES - OCTOBER 24,2000. PAGE 3 ow 2M- Zoo via W" So t zFC*l ocotow 1 l CITY OF TIGIARD ACTUAL RAlas CK%RGE3 V1 BUDGET AMOUNTS JULY 1, 2801- JANUARY 31. 2002 W tel Sudydsd Amount &sf9etsd AnwKst sokW lrofesWond Savim For Attomw Costs B&Vs fer period BMVs for period Bgnp for p'~ EUnDs for p"" t for paled Banps for pabd DBinyrfer pwlod for period Dlvlsion/Account# 2001.2002 2001-2002 7M/01.711511 711011-7/3=1 0!1%1-6/1 1 8/18107-V31M W1/01=9/15101 Illwol-0lSOR71 1011101-1011501 1011-10 1ml Poky Ad* - #1110 32,500.00 25.000.00 60.00 - 26.00 540.50 274.00 169.00 975.50 239.48 PuNcWork9Adnln-#2110 25,585.00 5,000.00 112.50 105.00 358.00 703.85 85.00 28.65 315.00 8920 COAd in-#2210 25,000.00 25,000.00 983.00 2,363.74 1,061.00 2.554.90 • 1,221.00 4,106.10 2,351.50 950AI 6ipineollnp-#2230 48.712.00 15,000.00 780.00 365.00 65.00 303.30 60.00 442.77 405.00 144.05 MW&CouncU-#3110 23,100.00 17,000.00 1,096.50 3,023.80 825.50 3,310.85 741.50 3,536.09 1,473.00 2.406.80 Ctly Addn- #3120 13.910.00 208.79 - 180.00 30.00 100.00 15.00 HwwRaarces-#3130 S2,125.00 22,000.00 - - 770.00 2.116.00 2,199.00 338.00 37.50 392.50 Rlsk 1/enepanmd. #3150 21,025.00 15,000.00 105.00 - - 420.75 - 75.00 202.50 Flasnce - #3210 39.000.00 20,000.00 - 619.60 165.00 30.00 - 226.55 105.00 220.00 FkwlddCpomfons-#3230 115.117.00 - 698.00 190.00 35.00. 255.00 Rocords-#3330 12.500.00 - - - - - 90.00 - - Court - #3340 68,200.00 15,000.00 819.00 2,015.00 295.50 702.50 117.00. 169.00 1,274.00 qty Attorney- #4200 25,000.00 25,000.00 - 561.20 490.00 3.550.79 - 95.20 - 1 225.00 mom Alum v for j 'WA a MOYI& j x, zoo CITY Of TIOARD ACTUAL RANTS CKkRCES VS. 1 JULY 1, 2001 • JANUARY 31. 201 (c) Totsl A lud (1111-M BYtlnps forpo lod agngs forpsdod B9bV$ for Period Btlifte for parlod Bwngs forpww BBYyt for period A4uKkV Attamay Costs Amount RurrMM Division / Account# 1111101.11/15101 11111101.11170101 1211/01.12115/01 1211AM -12131101 111/02.01115102 0111002.0113102 Journal Entries 1H 2O01.02 pa Blydgst PolceAdmin-41110 225.00 - - 47.80 - 829.80 3,387.08 21,812.92 PublcWWaAdmin-#2110 466.00 135.80 217.50 33.60 - 75.00 2,725.30 2,774.70 CDAdmin-#2210 1,335.00 1,348.85 169.00 327.00 544.20 1,27835 20,594.45 4,405.55 En**Nft-#2250 1,912.00 1,521.04 1,457.50 1,831.25 792.50 413.65 10,493.06 4,506.94 mayor & CWXU - N3110 1,449.50 895.40 753.50 1,338.20 699.50 1,66024 (6,315.00) 16,895.38 104.62 GIyAdmln • #3120 - 533.79 (533.79) lArnenResotsces-0130 490.00 - - - - - 6.343.00 15,657.00 RlsitMarlepet'nent-#3150 - 105.00 113.90 - - 1.022.15 13,977.85 FkW=-23210 - - 135.00 45.00 1,546.15 16.453.85 FinandslOperatlons-0230 165.00 105.00 135.00 194.00 - 8620 ' 1,66320 (1,863.20) Records-#3330 - - - 30.00 - 120.00 (120.00) Court-93M 1,287.00 208.00 1,794.00 481.00 468.00 988.00 10,618.00 r 4,382.00 CItyAtlw"-#4200 20.00 - 1,515.00 1,675.00 2,043.61 6,315.00 16,490.80 8,509.20 Ramis Crew Monthly Billings Council versus Hearings (City Attorney 600-4200-601000) Fiscal Year 2001-2002 Re: Starting with February 16-28, 2001 billings, Ramis Crew began recording the time for preparation of and attending Council meetings into the heading"General/Council'. Prior to that time those hours had always been recorded under the heading "Hearings". Financial Operations will go through the billings for the current fiscal year and pull out the amounts listed as Council meeting preparation and attendance and move them to the proper account, which is 600-4200-601000. Below is a listing of those charges. Should be 600.4200-601000 Check # Invoice Dates Billed to General/Council City Attorney #1591.2 7/1/01 -7/15/01 1,096.50 - #16078 7/16/01 -7/31/01 3,023.80 1,680.00 #16503 8/1/01 - 8/15/01 825.50 - #16830 8/16/01 - 8/31/01 3,310.85 585.00 #16966 9/1/01 - 9/15/01 741.50 - #17270 9/16/01 -9/30/01 3,536.09 1,620.00 #17456 10/1/01 -10/15/01 1,473.00 600.00 #17974 10116101 - 10/31/01 2,406.80 555.00 #17984 11/1/01 -11/15/01 1,449.50 465.00 #18271 11/16/01 -11/30/01 895.40 420.00 #18606 12/1/01 -12/15/01 753.50 390.00 19,512.44 6,315.00 Not Paid Yet 12/16/01 -12/31/01 2,688.20 1,350.00 22,200.64 7,665.00 Received statement on 217102 Not Paid Yet 01/01102 - 01/15/02 1,689.50 960.00 23,890.14 8,625.00 Because books are already closed for January, a journal entry will be made in February for the $6,315.00 taking it from 100-3110-601000 and adding it to 600-4200-601000. The amounts billed for the last period in December and the first period of January we can pull out the council preparation and council attendance amounts and charge to 600-4200-601000 when we send the checks. From this point forward we should have Ramis Crew separate the council preparation and meeting attendance from the other general/council Items. S-C se.~s~ v~n MEMORANDUM TO: Mayor Griffith and Members of City Council FROM: Margaret Barnes, Library Director/ .i/ Liz Newton, Assistant to the City Manager RE: Informational Publications about the new Library DATE: March 12, 2002 Listed below are four options regarding the types of publications related to the May 21 election that the City may want to produce. Although the language and the layout of these drafts may change somewhat before the final product, the focus of each will remain the same. 1) A factual Q&A brochure that would be mailed to every household in Tigard. West Linn used a similar mailing for its successful 1999 library expansion bond measure. Cost estimate: 20,000 copies mailed -$4,105 25,000 copies mailed --$4,982 2) A four-page Cityscape insert that would focus on the "Get Out The Vote" effort. One page would contain the ballot title and summary of the bond measure as it appears on the ballot. Cost estimate: Additional cost would be absorbed by Cityscape budget. 3) A single-fold handout focusing on the "Get Out The Vote" effort. This would contain similar information about voting and the bond measure as the CityScape insert. The purpose would be to hand out at events and at displays of the model. Cost estimate: 2,000 handouts--$360 4) A single-fold "Get Out The Vote" mailer similar to #3 that would be mailed to every household. Cost estimate: 20,000 copies mailed-$3,511 25,000 copies mailed--$4,310 H Staff Recommendation: We recommend producing #1, #2 and #3. #1 and #2 would contain different information. #1 would answer questions that are frequently asked about the bond measure. #2 would focus on the Get Out the Vote effort. #2 and #3 would contain virtually the same information, but would be distributed differently. SATURDAY ~ INF~~~~®l0 2 FRIDAY 2 C~1-~~~~ p► THURgDA`l 1 Dross pNESDAY *Read A wE Wedca Event - TUrSDAY Taped to b8 aired on M®NDAY TJCPA gUNDAY een 2124 &V6 Mmes betty g ~ dined air 28 8 OTigard Heh ~ to and High P1aY • Mod Sche Model PRESENT FUTURE 7. eT i9 . PAST t7pm CIT s n~tat+o - School Play IBRp,RY 6'` I-ibrarY Pre iiG .ICF,VIDEC ♦7pm Community 4 aster Question of the Weak Meeting on Site M 3 16 Plan ®79M PS6 15 n at 14 sEditoriaW°d r presentstlo and a eting ent Conferenc85 Chatles F • Ttg at me :13 s Blue 50011 Model Tim ®Mayor' IDEO #1 ~ P'm pga , : Task Force _library NCA 11 . of theweek ressntatlon at Update 23 10 Gluest TWalltlt Middle School Mtgs. ~ 22 eCltY Employ 21 t %brarY update ~ i20 19 AVIDEO #1 eek Brea st Rotary 30 TVC 18 Presentation 17 of the W Ti and Question 4 29 Sohn g House -Model 28: . Banff -27 Model at West Coast^ 25 24 Question of the Weed 31 u d: arson and through email N tYet * \/GA with citizens in p pth r E~ nt to air on discussion corrimun1w meeting one feedback and Continual one-on- 0 CALENDAR FOR INFORMATION CAMPAIGN APRIL 2002 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 Question of the #11 am Model at #7pm CIT Meeting - Week Greenwood Inn - Library Presentation Business Women's Forum 7 8 9 10 11 12 13 Question of the Week + 4- F + MODEL ON DISPLAY 4 4 + 4 TVCA VIDEO #2 TO AIR + 4 4 4 + + 4 4 4 14 15 16' 177 18 19 20 #3pm Mambo Question of the *7:30pm Council Queens - Model Week Mtg. Series of events Celebrating NATIONAL LIBRARY WEEK TVCA VIDEO #2 4 4 4 + 4 4 4 21 22 23-'-. 25 26 27 Question of the #7:30pm Council *Library Volunteer Event *Chamber Shining *Model at Week Mtg. Stars Evening Event Washington *Friends of the Square Library Book Sale *Friends of the #Cityscape wiinsert Library Book Sale in hands of voters TVCA VIDEO#2 + 4 4 4 4 4 i 4 28 - 29 30.. Question of the Week TVCA VIDEO#2 4 4 4 4 4 4 + Model presentations at local churches and business Events Planned but not yet scheduled: • . Series in Tigard Times • Editorial Board meeting with Oregonian • Meet with Oregonian reporter to discuss issue Ce4LL1~CA~ FO t~F1RN1A7'1®lV Ca4fl,9PAtGN SUNDAY MONDAY TUESDAY MAY 20 ® 2 WEDNESDAY THURSDAY 1 2 I`RIDAY SATURDAY ®CIT Meeting -Library Presentation *Library cultural Event - Ballet De FoNdorico - Model 5 6 Ballots Mailed 8 Question of the 9 Week 10 11 'fVCA VIDEO #2 Q & A Brochure Mailed Out 4 12 13 :4 4 4 ~ 4 + 4 4 ~ Question of the 15;. 4 4 Week 16 17 18 TVCA VIDEO #2 18 20- 23~- 24. ~ 25 ELECTION DAY CA VIDE 0#2 26 27 _28 30. 314 Model Presentations at local churches and businesses 7 219 2004 o to ed die t 20 12.1 ew~osa. oar l xe vedby ONI) ustbe reCel 1 8 our ballot to count ice by CON In order f°ry Countye Washington 21, 2402 at 8:04 FM r~-~~ Tuesday May Lite bAOt O'Mir m ;brary w. 11gard Public aa'tbaa~n ~.~v ~ Gen T. raj ~ ~a K bobby 0 W to 5:00 pM cti ~ day) .0 ~t $ pa PiVI on ►~py flidayfromo~ Lobby Witt be (tie May z i) Vim' bonds notto exceed ;~~y, ¢ ~p~ ethe cityto issue d 9 09 or uthoa building, ,~E;St~.erasion 3 mould a erty, design, sign, -41?1 e 513100' uisitiork of prop Wheatley at 5()3.639 Wouldpayfor acq uare footlibrar}'• Contact Cathy a ~mishingof a 41,000 sci c~ ti and onus cash .vvOUI 4 -Feajutes ® More spaceforbooks and study areas Seaft?, unity room bons AcO ' etwor r exist~gfacility. ~ AddMonal internBetter h-a"Stcapped access 3 the first year Cabout $5 per sue in Cost. 1 cents per $1400 of assessed _ month on a $200,044 borne) LIBRARY pvtOPOSED SITE r, a Election PrimarY 002 May 21, 2 { 4-47 ObWob _ Ballot Measure 3 Bond and Public LibrarY Tic" NEW BE SURE To VOTE' LIBRARY ~T he May 21, 2002 primary is a vote-by-mail CONSTRUCTION BOND election. Ballots will be mailed to all registered voters on May 3, 2002. Measure 34-47 In order for your ballot to count, it must be received by 17gard PubUc Library Washington County Elections Office by Gmeral Obltgatton Bond autborizaftn Tuesday May 21, 2002 at 8:00 PM. You may drop your lbaUot off: approved: * Tigard City Hall Lobby • Would authorize the city to issue bonds not to exceed * Monday - Friday from 8:00 AM to 5:00 PM $13,000,000• (the lobby will be open witil 8:00 PM on election day, ■ Would pay for acquisition of property, design, building, and Monday, May 21 n). furnishing of a 47,000 square foot library. Any Questions? F~,ttd1>1'~ would include: Contact Cathy Wheatley at 503-639-4171 extension 309 or o More space forbooks cathy@ci tigard.or.us >e Seating and study areas • A community room ■ Additional Internet work stations ® Better handicapped access than the existing facility. Cost: 31 cents per $1000 of assessed value in the first year (about $5 per month on a $200,000 home) b o .0 0, ~ z b ~aa.a 'VA -ids Primary Election May 21, 2002 ~ Ballot Measure 34-47 Tigard Public Library Bond a x ~ ~ d d' ogo ~L+ E. ~ Primary Election May 21, 2002 Ballot Measure 34-47 Tigard Public Library Bond EW LIBRARY CONSTRUCTION BOND Measure 34-47 Tigard blk Library General Obligation Bond authorization If approved.: ® Would authorize the city to issue bonds not to exceed $13,0001000- • Would pay for acquisition of property, design, building, and furnishing of a 47,000 square foot library. Features would. include: • More space for books ® Seating and study areas • A community room ® Additional internet work stations ® Better handicapped access than the.existing facility. Cost: 31 cents per $1000 of assessed value in the first year (about $5 per month on a $200,000 home) 'ingard Public Library General Obligation Bond Authorization Question: Shall City issue $13,000,000 of general obligation bonds to finance property acquisition, design, construction and furnishing of new library? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of sections 11 and 11b, Article XI of the Oregon Constitution. S r: This measure may be passed only at an election with at least a 50 percent voter turnout. This measure would authorize the City to issue general obligation bonds not to exceed $13,000,000. If this measure is approved, proceeds would be used to pay for the acquisition of property, designing, building and furnishing a new library of approximately 47,000 square feet, and provide parking and related street improvements. Bond proceeds would also pay incidental costs. Located near SW Hall and O'Mara, the new library would include more space for books, seating and study areas, a community meeting room and better handicapped access than the existing library on Hall Boulevard that it would replace. The bonds would mature in not more than 20 years. The estimated initial annual property tax rate is estimated to be approximately $0.31 per thousand and is expected to decrease over the life of the bonds as assessed value rise and new properties are added to the City. The City and the Library Foundation plan to seek additional funds from foundation grants and donations to augment the funds raised through this bond measure. NMat is Bond Measure 34=47? Tigard Public Library Bulk Rate 13125 SW Ilan Blvd. U.S. Postage Paid Tigard, OR 97223 Permit No. Portland, OR ®STAL CUSTOMER The next chapter for the Tigard Public Library. ® s of libtarY could. Featu~ of surveys taken since include: tit Irr. a tr~riery Hers have repeatedly t~ area of abo library ok collection 01M Ad' stinct chi~~ floor' 2000, nded bo uare feel on the first jl ])C►ild regttested an expa NOtt ever, 4,500 sq ading spa ces bane meeting mom r"ith abo ,~11a l; and quiet re and serve raans at A corr►munity t puett Room to lllt'11911t'E' • band additional p for lentil addition -7Je c 07" of Tigard has filed for 2 b 2002, been put an 170 seats- adults- measur space becornes Mailable' hold abotit40 The City the May The e to be placed On % library. Th Tije only ttuction of a ne tll~ ~DOlltI l uiet study areas, is ballot for cons $1,000 of assessed Sever q dreading spare would be issued current desrg M which is not atur+ys bond rate is 31 cents Per I(oay ltllit ~i :;ett Room, used f property' '%Il . The ;lglli'e o f million. A the p bte ~acse it is also . ine available The bon or for up to 20 years d measure is for $13 $200,000 programs. with a home assessed at n . a`11iC1' family roximately $61 per year- fillet ks and ages IV ~lfi: will pay appo hardback boo ~1e&Slli'e p oset? Carl t 1`ly. ®cl~ becll p o,> demands for library roughly the cost of heater tv~ tickets. ~L TRW ~V1~~Z R 51111 and s ability two economy boil(t the Increased usage ed the library 1Vil~ this have challeng unity now long Like any other revenue measure 47 will be $er<<ices the needs of our comet 11o g -Bond Measure 34- ard's to meet th 'e last ` to 20 I ay ballot, if 50 percent of Tig The result has been a file119111 their ballots, and and in the future-e bonds will be issued for uP ,ers is approved only shortage of space. registered voters retho e voting cast their d to the The amount assessed taxPay the percent of years. over the life of s over 50 P easure• book that is adde jQUed. expected to decrease values rise and favor of the m Olt For ev'r1' w rnicst be ret► ro ertY ballots in fa collection, one bonds as assessed added tO the City. oli( r grams leave be new properties are " ""is ~~~~se to Ilat l~lap~~eils ~ Some tib~'t~0 fil'®ill P~s~' moL~ed out the library a vLglolle= ~e~'~lll'e c1oe811't ore h space to accommoda`e JJONV .will tkt be would re-evaluate our what not en g VJe Library has had 1(~ 111e:t51li'e rOgrams and services and determine audiences. z m summer site irllis )01l tte»r away ciiitdrer even the off_ p rovide to a growing because of been large Used would be a we can realistically ~e current space reading m. area has n them proposed new library community progr in am The 000-square-foot building, odate 47 community enough to accomm Mo-story, , to serve the consttaints. ent library is which is protected The curr increased 6,070 perc-0 20 years. interrret sue final averaged for the next since 1996, Each tero about 13,000 square feet. 3,672 Uses last year • Elm MEMORANDUM TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorde RE: Email Communications to Council DATE: March 5, 2002 Attached is a communication received by email for the City Council. As time goes by, I anticipate more emails of a "general" nature will likely be sent to the Mayor and City Council. When we receive emails for the Council, we copy and include them in your mail packets. However, I'd like to check-in with the Council in the Study Session portion of the meeting on March 12, to determine whether we should continue to do this. A suggestion is that we copy and forward emails of this nature to Council when we can determine it's from a Tigard resident; otherwise, we'll disregard the communication since it's non-specific to Tigard. On Tuesday you may also want to discuss whether any changes are needed in how we process your "traditional" mail. We send all mail received to Council. If an individual Councilor receives a communication of a general nature, we make copies for the Mayor and all Council members. I'll check to make sure we don't run counter to any record retention requirements and will know what those requirements are by the time we discuss this item on March 12. c: City Manager Monahan 1ADM\CATHY\C0UNCIL\EMAIL COMMUNICATIONS.DOC Cathy Wheatley -,voter report on oregon please copy to council Page 1 From: "mea" <mea@bctonline.com> To: <kens@ci.tigard.or.us> Date: 3/5/02 2:54AM Subject: voter report on oregon please copy to council I commend you for using user friendly E-mail. You people should just take over the Republican Party on the Basis that the Republican Party is controlled by obsolete techno-phobes... you can say the same about the State Leg, TaxH'aber' and the US Congress. You may copy the following to any e-address you chose or copy in whole in any print you choose. The YR membership should be interested in the following collection of materials, Modified, it can be directly applied to the looters currently occupying the offices of the governments. 02-20-02, Enjoy the following "Common Bull". Being from a'unwashed mass' and lacking'Wholly sanction' it is the'Common Bull of a Common People'. Hereafter is my particular view of the State of Oregon, United States of America, '2002' tax shortages and how to fix those tax problems permanently. My solutions, a. 1 - 3 [as appropriate 4] should be applied to/by/on every 'advocate' Agency : employee of , in the government. b. 1 - 3 should apply to the principles operating and profiting from the various arms of the Ministry of Propaganda, aka, American and International News Media. The looters occupying the Oregon Legislature have received a copy on 02-02-02 c/o Oregon House Rep Dst. 39, Kurt'the traveler' Schrader. 01-31-02 My observations and W point proposal follows I live in Portland Oregon. I am one of, or I live among, the Stupidest people on earth. Oregon people are even dumber than Ted Kennedy "the hit and swim killer's" Massachusetts Voter base. We are getting screwed out of $1.199 per gallon, today, 01-09-02.., so, at a $1.08, the San Diego gallon looks good to me. In Oregon we have the whining bozo, Ron Wyden who claims to be [a US Senator] from Oregon. His current claim to fame is standing up against the Ashcroft decision to under cut "the will of the voters of the State of Oregon" by nullifying the right to commit suicide [statute] as passed by the 'voters of Oregon'. Side bar : Anyone too stupid to commit suicide without an authorizing statute deserves to be condemned to living their life. However, whining Ron has not said one word about Governor TAX'Haber, and his looting legislative henchmen, stealing 1/2 of the mandatory state income tax rebate that the "OVERWHELMING" MAJORITY of voters turned out to pass into Law... what could Ron do ? Well, Ron could Filibuster the US Senate until the Feds agreed to impound all US government funds for Oregon [and every political subdivision thereof] until TAX'Haber and his gang pay the Citizens of Oregon Cathy Wheatley -.voter report on oregcn please copy to council Page 2 the whole value of our MANDATORY TAX REBATE. Whining Ron does not say one word about Governor TAX'Haber, his looting legislative henchmen, their confederates at State AG and in the Judiciary thwarting measure 7. Measure 7 was passed by a greater majority of voters than the vote for whining Ron's suicide statute. Governor TAX'Haber, his looting legislative henchmen, their confederates at State AG and in the Judiciary are suppressing measure 7 being because measure 7 mandates that every political subdivision shall pay for all loss of property value and/or use due to government legislation. Measure 7, mind you, conforms to and buttresses the US Constitution in the matter of government 'taking private property by any means'; which US Constitutional stipulation specifically includes ALL "redefinition" "public necessity" "police power'- the constitution, Statutes, rules of procedure of the State not withstanding. Again, what could Ron do... hey, he claims to be a US Senator, a highly trained well-educated professional - he knows what to do. In a related issue, Governor TAX'Haber, his looting legislative henchmen, their confederates at State AG and in the Judiciary have increased the budget of the state of Oregon by + 34 % during the last 4 years of the reign of Terror of TAX'Haber and Co. Not even Bill Gates has given himself such a raise. Which makes the paltry + 20,000 $ per year pay raise the US Congress just gave itself the stuff of scofflaws. Now the TAX'Haber gang is out crying about a budget shortfall... TAX'Habers solution is to tax the people - the people with the highest UN-employment rate in the nation -'MORE'. 1. My solution is to have the governments take, by user fee = taxation, the wages and retirements of TAX'Haber, his looting legislative henchmen, their confederates at State AG and in the Judiciary; and confiscate the millions of State and Federal dollars 'unlawfully misappropriated' to support illegal aliens in the State of Oregon and the United States. 'User fee' : 'taxation' attachments should include the entire wealth of the principles and principle profiteers operating the Ministry of Propaganda, aka, News Media. 2. Which brings up a point about 'New Sources of Revenue" for American governments, school districts, and departments of transportation which levy "user fees : taxes" on all illegal aliens for burdening the existing infrastructure and to cover 'all' of the costs of future project able environmental impact development costs. The American Judiciary, the Judges, are now required by Law to order illegal aliens to pay all National security, investigation, detention, processing, and deportation related expenses : costs : fees; if they refuse, either fire or Jail every Judicial scofflaw. 3. A "Consistent Global" 'Politically Correct Krap Policy' requires governments to charge 'all' aliens [legal/illegal] a "Kyoto environmental foot print enlargement fee"; a repudiation of 'their alien' ethnic culture fee; as well as, a fee for offending ethnic American culture if they can't or won't speak : use American in Public. Note, uniform 'Politically Correct Krap' 'fairness doctrines' dictate that Half-breeds will be charged 'user fees' : 'Taxes' twice - once for each Half. Everyone subject to immigration user fees : taxes who fails/refuses to pay in full, immediately will be outlawed and deported forever... the sole means to avoid being outlawed for non payment of alien user fees - taxes is to pay those illegal alien user fees : taxes out of the funds that are the income and/or rCathy Wheatley -,voter report on oregon please copy to council Page 3 retirements of the elected and appointed government officials who refuse[d] : fail[ed] to enforce every user fee = tax on aliens, immediately. 4. Since it is legislation that was shepherded through Congress by Ted Kennedy'the master of hit and swim' and 'his Liberal 'PCK' congressional buds' which prevented the INS from keeping the '911' killers out of America... and/or, hunting them down and deporting them when their visa's ran out; and 'that grossly negligent legislative act' resulted in the unintentional [but never-the-less permanent] deaths of some + 3,500 US Citizens on US soil... which meets every point to carry the charge of Manslaughter. + 3,500 counts of Man. 1 - if the prosecutor has a brain just a little bigger than a pea. which "brain bigger than a pea requirement" leaves out the Prosecutors of Clackamas County, Oregon. All the above being 'True, the voters of Oregon continue to do nothing. Thus we see, another ugly self-evident truth emerging here : 'Oregon, without a doubt, is populated by the stupidest people on the face of the earth' except, maybe, the Moslems. mea@bctonline.com And where is Ron Wyden ? Well, the last we see of Ron is, 'him', with his Enron "Bucks", running for cover. The "TAXHaber - Wyden" gang are typical Traveler thieves. Socialist thieves, who think and say that everyone has "surplus = excess wealth". Which means everyone - "Except of course", "the wealth of themselves" and their looting Traveler buds. My tax proposals cure that defect : 'they' get to pay - for what 'they' say - and the 'outcomes' of 'their' looting 'Traveler policies'. The Portland Tribune my reproduce the material in whole, or none, without cost. &&&&&&&&&&&&&&&&&& Excuse me. I sent you the unfinished and unedited version. Hereafter is the proper text version. I have been to the Constitutionalists web site - they have good things to say; however, effectiveness is what gets the Travelers the to get into power and keeps them there by getting them more see, the reigns of terror of Ted 'the killer' Kennedy and Red billy Clinton. Fixing the problem requires enough money to get 3 million people together working on taking the government over during a regular election. 3 Mlln people who 'have a coherent plan addressing the actual day to day problerns that are before us' and are motivated will deliver enough money and direct voter -public contact to carry an election. Newt [the idiot Republican house speaker] understood the concept of a 'Contract with America' and used the model to take over Congress and pass most of the legislation in spite of a Hostile Traveler dominated Republican Senate and 'Wild Red billy' Clinton at the helm. [Which just goes to show you that you should not steal other peoples plans 'the Contract with America' and attempt to put them into motion when you do not know where you are actually going - Newt stole the 'CwA' concept] VS. the sheer number of $ and direct voter contact time deliverable by 3 Mlln supporters, even the ministry of propaganda can not win. It is just a 'Traveler' propaganda organ... as such, it has no capacity to do more. Cathy Wheatley.-•yoter report on oregon please copy to council Page 4 The government, like the ministry of propaganda, is not capable of dealing with reality... the way to win is to shove reality down their throats before - during - after - the target election. As we speak, the Travelers who now occupy the elective and corporate offices of the Republican Party of Oregon [and sold out the Republican voters who elected them] "can not"'now' get a $1.00 from those voters. It has become such a situation that even the Ministry of Propaganda has commented on the Republican funding problem. As a consequence the Republicans are going to be wiped out in the 02 election and the Democrats will gain an overwhelming majority in the State House and Senate. About the only Traveler Republican who will get re-elected is the Traveler'Smith'. With his Family fortune and his Democratic henchmen backing him, his re-election is virtually assured at this time... he votes a straight Democratic ticket, he is a Traveler registered as a Republican, to prevent the rise of an actual Republican candidate. What is going on in Oregon is a micro-cosim of the forces at work at the National level; there too, the Travelers now occupy the Offices [elective and corporate] of the Republican Party; and, with their 1960 - 70 - 80 - 90 Communist brethren in control of the Democratic Party, the American economy is rapidly being destroyed by passage of 'pure' Communist economic suicide polices. Multi-culturalisim : ethnicism existed no where on the face of the planet until it was made up by Joseph Stalin, whom, as you know, was the first Murdering Communist thug Dictator of the Soviet Union. The only thing that will save America is 'start-up capital'. There is not enough time to work by any other means. You can talk this over with whom ever you choose. Talking, however that does not deliver results in $ is of little value. Today we can speak, for the most part, freely; however, immediately after the 02 election the Democrats will put an end to being able to say anything that does not already conform to their line of Politically Correct Krap Hate speech. If the people we are dealing with can not see the emerging New World PCK Communist America - then, we are lost. &&&&&&&&&&&&&&&&&&& The following post got off to numerous gov. and media types. Of interest to you are my tax proposals 1 - 2 - 3 which you reach by skipping to about 2/3 of the way down the bar. Do you know of any organizations which are interested in the illegal alien issue ? if so, where might I find their address. Thank you, Text follows Lead note - Mannix is running for Gov. Or. and Schrader is Part of the Dems phony Or. redistricting deal to take over the Leg. in their capacity as Dems. Mannix, I would like to commend you on having and using a user friendly E-mailer. You should talk to the Republican Party about joining the 21 Century and making effective use of effective High Tech. Hope you win. Doesn't look like you will though, the Travelers who occupy the seats supposedly held by people with a Republican political philosophy have so completely sold the party members out that it isn't likely that you can get enough money or votes. Cathy Wheatley -voter report on oregon please copy to council Page 5 Mannix, closing comments I would have sent the State republican Committee a copy of the Schrader papers; except, they use that stupid - antediluvian - time wasting - contact preventing e-mail form; besides, they are the people who are working with the TAX'haber gang to gut the Republican Party as a political option. When an agency refuses to use state of the art Technology, it reeks of OBSOLESCENCE and COMPLETE INDIFFERENCE to the people you are supposedly providing access. People, such as yourself, need to clean the Travelers out of the Republican Party; or, the Party is simply going to die from lack of funding and votes - But then, maybe that is the intended out come. &&&&&&&&&&&&&&&&&&&& To answer in order. mea, This all started with a group of PATRIOTS, who shared a respect for a CREATOR.. They had a PLAN, it was called the DECLARATION. All men would be free and have respect for the source of FREEDOM. They did not have very much They just pledged their lives and their SACRED HONOR and were able to collect and borrow enough to get the job done. It took the sacrifice of life and whole lot of discomfort. &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& It started hundreds of years before in lands far far away. Our American expression was the culmination of a Northern Western European, + 100 year long, controversy regarding the question of government by/of absolute authority; or, government by limited delegated authority. No, the Founders did not have a plan that all men should be free; in fact, they began claiming only that they had the rights of free Englishmen, local custom, and chartered 'practical self-rule'. A far cry from what has hecome the American expression of Liberty. It is late on, well after April of 75, that a 'Declaration' was issued. Until the moment of 'Declaration' the question of what they were actually doing was in doubt ? ...even though they were shooting it out in the field, daily. In fact, two of the original movers - a father and son - came to a parting of the ways over the question of what should be done ? well into the start of the whole affair... in the end, the father was to leave his son in prison until the son was exchanged - the affair ended badly, long after the war, with the son dieing in exile - a ward of the crown. Their separation lasted a life time with one brief meeting to dispose of the legal fate of the single grandchild. Of the original movers and shakers, virtually all were wealthy men of the times and areas of the country. Those who went with the Crown, in the end, moved... such were the political convictions of the Men of that day - a far cry from the namby-pamby wienie voters of today. There were a few middle class trouble makers, the most notorious of whom was Paul Revere. Cathy Wheatley , voter report on oregon please copy to council Page E Revere, the finest courier and ablest Boston organizer : rabble rouser of the Day... truly, a man for the season; but, relatively well to-do. One leader was the wealthiest shipping magnate on the continent, a Commercial rival to all but a few European shipping Cartels. There was a most respected Scientist of the day; of whom the Brits would say..., "he is the most dangerous man alive". And General Washington, the officers, the Legislators of the Confederacy and states who spent their personal wealth to fund the Revolution until, and after, France arrived with Money, Arms, lines of credit, and Layette : Troops - ships of war - supplies. The leading Founders had the big bucks of the day. The leaders applied all the financial might they could create, generate, and barrow to finally outspend the British and secure victory. The biggest Bucks, properly applied, won again - as usual. They put everything they had on the line : their lives, their fortunes, their sacred honor... some paid the full measure - some lost their families and fortunes - some died in poverty years later. They were shot, hunted, jailed, starved, beaten, murdered, and fell with in the line at a hundred battles. ...in the end, it was these guys, the guys who put up the most $ = bought the most fire power, applied that fire power most efficiently, who won. The Founders set events in motion with their The Founders made things go, held things together, and finally bought victory with their personal bucks The Founders had time and a generally supportive environment working for them. The Founders did not face a dedicated enemy until the die was cast and the Evil Empire found itself in a position in which it had to spend its"'Battle Bucks" engaging 'more important' enemies; that is, fighting the final battles of the First World War. The World War that had become the very First World Wide War determining World Dominion for a 100 years... thus, the'home boys, with local bucks", spent on one local objective, could and did win the Freedom of our land - from a much superior foe. So do you have a plan? What exactly is your plan? How do you effect that plan? CwA by whom? The plan is simple - simple plans work... It is the current operational plan used by the Communists and their Traveler henchmen to get control of and maintain control of the Political system; thus, the governments of America... we just do it on a "very Public" and "very broad" scale. We have to move directly in time - before irreparable damage is done to the American Economy by the policies of the Communists and Travelers who now control America and the ministry of Propaganda. you get the to contact the + 3.1 million people who are disgusted with the current sates of affairs. The vote stats bare this out. You offer them a plan rooted in 'a contract with America' which has the principle elements of Repairing and Healing our land. If the situation requires it; then, conduct and execute a war to ruthlessly hunt down and exterminate terrorist and the people who help them. Or, if we have no stomach for the proper execution of that war - stay home, fort-up, and accept our casualties until enough Americans are slaughtered by terrorists so America decides to start killing people until the war is over. With in the plan the provisions of execution follow the pattern used by the Communists to take over the Democratic Party and by their Traveler henchmen to take over the Republican party. Cathy Wheatley -.voter report on oregon.please copy to council Page 7 [for demo purposes] There are 30,000 County - State - Federal elective offices in motion in every election. 3.1 Mlln people divide into 60,000 groups of 52 people. One person in each group starts out as a candidate and one person is the group manager. By allocation the groups register as Democrat, Republican, Constitutionalist, libertarian, or Independent voters as evenly dispersed by counties, state, federal voting districts as possible. As party members, the group puts its candidate in the ring - the candidate goes to all the intru-party meetings - debates - speaking engagements, and plans their own, to reach the party faithful... every candidate gives his personal spin to'the contract proposal', group members turn up, spread out through the crowd and make sure the Candidates are fed "our Talking Points"... this is straight Communist and Traveler take over the Political parties tactics, and the Clintons staged town meeting and talking point tactics... all the voters in America are already trained to respond to these drills... so, tell them to feel good and win the election. In November, the only people elected will be 'contract people' ;and, on being sworn in, that overwhelming majority can simply Legislate to heal our land and restore government by Law. There are no Judges that can stop them. The Law is Usrpatious Judges are criminals and are arrested and put in Jail. As the primaries sort the candidates out, losing candidates become Group workers. 52 committed people locally fund their local 52 person [2 paid worker] local political operation and back it up by local personal, one to one - neighbor to neighbor, local promotion. With 3.1 mlln supporters victory is 3/5 + 1 across the Counties, States, Nation. This model works for the Communists and travelers - it will work for anyone who is willing to get out there and put in a marginal amount of time and cash. How much does it take? My guess is start-up funding should target 30,000,000 dollars; I suppose that a few hundred thousand might be enough to put a basic fund gathering operation together. The start-up sum should be at least a few million to enable a timely start-up. If it is only could that be provided by ONE? Yes, a single source could choose to fund the basic organization project. Once the operation is in motion such funders can continue support by every legal means. So you see someone has to talk. You don't get a contract without negotiation. What we have now all started with talk in the homes, in the taverns and in the Town Square. It moved from there to agreement and organization. It will take an ORGANIZATION however large or small to get it back. A dream can be a start, but it takes a vision that can be seen, someone to talk about it and agreement on how they can get the job done. It is an unbelievable mess, we have strayed so far and seem ready to go even further away from our beginning. But time is short and it is dangerous to even think that we can get back any other way. You are absolutely right I it is a complete mess... but, we can win. We just have to seize the moment. Cathy Wheatley -voter report on oregon please copy to council Page 8 The CONSTITUTION PARTY is more than just talk, it Is a shared belief In the SOURCE of all goodness and a shared respect for RIGHTS. And it is already a network across the land. As such, it is a National Party that is ready to move in support of taking over the government. What we need is what we have. It is all there in the CONSTITUTION, we only need to shine the light on it, and lead all back to the source of their FREEDOM. Yes for a start... Yes it is in the Constitution; but no one will listen... the moment will not be won or lost on Constitutional principles or the Rights that it secures... the issue will be won by covering the Land with candidates who flood the local area voters talking Life - Liberty - Justice - Opportunity : fixing our infrastructure - schools - courts - taxes - traffic laws and healing our land. Most people cannot spell Constitution. The longest journey begins with a step, not a jump as much as I would like to see us make the jump. And like Jefferson said, it may require some blood. All we have to do is take over at the polls using the same methodology as the Communists and their Traveler friends... Jefferson was speaking and living in his time, a time and land which generally understood and supported the idea of opposing tyranny... this is not one of those times, nor will it become that one; except you assume political power and teach the land about liberty. The Founders had been educating and arguing over the True Nature of government for the better part of + 100 years... people in our time think the government is the dispenser of wealth... there will be no victories on Constitutional grounds or looking down the barrel of a gun... victory will allow people to once again be taught the Concepts of the Constitution = government by Law. Absent control of the government and there will be no such dawn. A note, I have been involved in building most of the weapons and surveillance systems now available to the people who control the government... the only thing that we have going for us is they are a bunch of techno-phobic enviro-commee morons who do not understand what real fire power, delivered with pin point accuracy, Is... apparently you do not know anything about fire power either. Iraq and Afghanistan were not accidents. Neither used or displayed much of the state-of-the-art weapons systems. There Is a computer at the sandia Labs - if it is not big brother; then, it is little brother... and, it is building big brother or brother-brother. All we have to do is take over at the polls The only way to take over at the polls is to use the Communist and traveler political take over tactics... swamp society with candidates, talking points, and the 'your palatable 'feel good' 'truth'. mec Thanks mea &&&&&&&&&&&&&&&&&&&&1 &14 You tell everyone what you are doi ig, why, and how. No secrets. The people in the CP keep doing - vhat they are doing and like minded people do the same stuff in all the other organizations. Farrakhan and the Mom's ,,re Clinton orchestrated Traveler operations - thus paid for by/with our tax dollars. You must have sped read over those parts. Cathy Wheatley -voter report qp ore~on please „copy to.cpuncil Page 79 ; Good Idea. Yes, I can see that it would be very efficient to hire grant writers to get gov. funding and PBS money/time for various aspects of the operations. That is eaxctly what the Travelers do - Very good idea. Well, since we are into Jokes, the most appropriate jokes I know are the jokes about : 1. the man who tried to push a chain up the hill. Everyone went on about their business, lived their lives, and finally, the chain pusher died. At the funeral a nephew asked a Dad, "why did uncle John spend his life trying to push that chain up the hill "Because, my boy, no matter what we told him, he simply would not grab that chain and drag it up the hill." "Some people are like that." 2. Then there is the one about the Lutheran Preacher, Germany, 1943, who's last missile read [I seem to have forgotten most of it] but the punch line went something like this - "I kept doing the same old things and when they finally came to take me away, there was no one left to complain"... 3. or, the old Jewish guys Managing the Warsaw Ghetto when the controversy was ragging over'direct resistance' or 'compliance'... the old guys said "Business as usual my boy." "We have a duty to protect most of the people." the exact punch line escapes me, but the gist of it went something like this - the Old guys loaded everyone they could on the trains and then they loaded themselves on the trains - praying to God for salvation... none of them survived; ironically, the fighters, poorly armed, starving, gassed, bombed, praying to God for salvation, died by the thousands... but, several hundred of them survived to laugh, sing, and live long lives enjoying the sun and the rain... What a joke on the Old guys, the people who followed the traditional political and religious order of operation, prayed to God, and died to a man... as distinct from the guys who took direct action, used the political and social tools developed by the enemy, prayed to God, died by the droves and some of them, their prayers answered, survived. But enough humor. May you be as successful in your endeavors tomorrow as you have been today. My you be among that unique group who's prayers answered. May success crown your efforts. As the Famous Founder said : "we must hang together; or, we will certainly hang separately" This is not your Material. Uses only as specified. AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : MARCH 12, 2002 (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 C-L ku~rl ctrv VISITOR'S AGENDA Page 1 '151 TcJCS (l k V, C{~ r~~~ir~ ~ ~IOZ TIGARD 4IIGH 1.411 1)411Sfllr 9000 SW Durham Road • Tigard • Oregon • 97224 (503) 431-5518 • FAX (503) 431-5410 • http://ths.ttsd.kl2.or.us/leadership/home.htH thsprez@hotmail.com Asforfoor.: , 3~ 1EdId ' ® February 27th March 2"d Girls Basketball Playoffs ® March 2-5 Wilce PProvident Deca State ~fin~: ~1t6E11rE: ; , ® March 7tH Patil:Beiie~ "The Lion, The Witch, and the Wardrobe" socreft umn' ly,i a March 6tn_9th Boys Basketball Playoffs March 9th Hu Hens "The Lion, The Witch, and the Wardrobe" W.~eha! bofgrnain: .aisemblkw . ® March 15t"-16th ~r,►~ Dance State Competition Irene ft;ncrm a March 18tH ASB Elections Assembly Publl~iey 7eanla Nguyen. . e March 21-23rd Technology National Forensic League Qualifiers Dennis pRc, Illan ® March 23-30th Spring Break "Together we can succeed... by connecting the dots. " THS Leadership '01 -'02 Mission Statement Please join "Citizens for the New Tigard Library" I An t Of JAZ .11141,4 v With the Tigard Nigh School Jazz Band To Promote the Proposed iNew Tigard Library When: Friday, April 5, 2002 6:00 p.m. to 8:00 p.m. Where: Tigard Senior Center 8815 S.W. O'1Vlara L Kem Tigard, Oregon 19M... ~ your e M11 l Cost: $15.00 per person (by mail) Fa a WIII ® OR 0n S! $20.00 per person at the door Website: Come Celebrate the Future! Information: www.yeson34-47.org 503-639-1756 Please return this portion of the flyer by April 2, 2002, to reserve your y tickets. Make out your check to "Citizens for the New Tigard Library" and mail to: ,New Citizens for the New Tigard Library ~ 11310 S.W. 91 Court 9 Tigard, Oregon 97223 Library # Tickets desired at 15.00 per ticket $_,U Total Enclosed Your tickets will be waiting for you at the door. Thank You! _ Agenda Item No. CL . 3 y,.`M~. ,Y w Meeting of 0 'a. PAMOCLAMAT101" National Community Development Week April 1 - 7, 2002 WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM has operated since 1974 to provide local governments with the resources p required to meet the needs of persons of low and moderate income; and 3 ' Hid WHEREAS, Community Development Block Grant funds are used by a vast number of N cities, counties and neighborhood-based nonprofit organizations throughout the Nation to address pressing neighborhood and human service needs, and him WHEREAS, the City of Tigard, Oregon and other local governments have clearly i demonstrated the capacity to administer and customize the CDBG program to Identify and resolve pressing local problems, such as affordable housing, neighborhood and human service needs, flood relief, job creation and retention, and physical redevelopment; and WHEREAS, the week of April 1 - 7, 2002 has been reserved for recognition and appreciation of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. " _ NOW THEREFORE BE IT RESOLVED THAT I, Mayor James Griffith of the City of Tigard, Oregon, do hereby proclaim the week of Aprll 1 - 7, 2002 as ? COMMUNITY DEVELOPMENT WEEK in Tigard, Oregon and call upon all citizens of our city to join In recognizing the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and the importance it, I ° serves to our community. 'f §glliijU~~. alp Dated this day of , 2002. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City F of Tigard to be affixed.' r ' r James Griffith, Mayor ' City of Tigard w~ Attest: City Recorder ' '%'.C3~A1 a "WIN } No." log Agenda Item No. n, Meeting of 3, I a 1 L)-a, r.. mu. 1 Declaring Tigard High School Marching Band . and Tigerette Dance Team as the Official City of Tigard Goodwill Ambassadors to New York City WHEREAS, the City of Tigard wishes to acknowledge the talent and dedication of the Tigard High School Marching Band and Tlgerette Dance Team; and WHEREAS, the Tigard High School Marching Band won top honors at the Northwest r Marching Band Championships and was named the best Gass A band on the Northwest Marching Band Circuit and a WHEREAS, the City of Tigard is proud to have the Tigard High School Marching Band and Tigerette Dance Team represent the City of Tigard; and l ' WHEREAS, the Tigard High School Marching Band and Tigerette Dance Team have l chosen New York City as the destination for their spring education and performance tour; and WHEREAS, a trip to New York City will provide an amazing educational opportunity for students and will help to support the economy of New York City; and WHEREAS, the City of Tigard, Tigard High School Marching Band and Tigerette 1 Dance Team wish to send a message of support and encouragement to the people of New York City. . NOW THEREFORE BE IT RESOLVED THAT I, James E. Griffith, as Mayor of the City of Tigard, do hereby declare the: f 5 Tigard High School Marching Band and Tigerette Dance Team as the Official City of Tigard Goodwill Ambassadors i to New York City Dated this day of 2002. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of hi Tigard to be affixed. i° James E. Griffith, Mayor ~ City of Tigard Attsst: ity Recorder ~Iy O 14 AGENDA ITEM # FOR AGENDA OF March 12, 2002 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: Greer Gaston DATE: March 5, 2002 SUBJECT: COUNCIL. CALENDAR, March - May 2002 Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. March * 12 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting * 19 Tues Council Workshop Meeting - 6:30 p.m. * 26 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting A ril *9 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting * 16 Tues Council Workshop Meeting - 6:30 p.m. * 23 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting May * 14 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting * 21 Tues Council Workshop Meeting - 6:30 p.m. 27 Mon Memorial Day Holiday - City Offices Closed * 28 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting iAadm\cathy\cou nd1\ccca1.doc Council Calendar - Page 1 Tigard City Council Tentative Agenda _Greeter 419102 - Business TV Jim -Greeter rt. Business TV Due: 3126102 @ 5 p' 3126102. Study Session m. shop Due.. 3112102 @ 5 p' 3119102 - WOrk Study session Liz,BNI- 30 min P'M' rn Review - 10 min BLUE 5 Due: 315102 @ P City Attoey to - Margaret - ics ~VCCLS UPda S. dllorkshop T°P School District to stem -Gary m Jt Mtgwith the Bond - 45 min SHEET office Data System 6:30 P Facilities _ are - Portland P nda pas piscuss TVs,) IGA - Consent Age S stem - w ti vary oat hone Y m g New Tele p .1 tee -Craig - 30 min enda anion Phase min it Mt9 - Budget C UP omm Julia - 30 min Consent ok park Master Plan ExP date - 1es task Force - LCRB C0 John - Transit Action c,,trateg coon - oar em ers ovtationFinancing ats ReP°Ct-Gus II Conu , Ing Ppea s Transp r,ee 0, Street Maintenance PP 68th@ Atlanta Ro sj4ee usan 20 vain -BLUE S 00001- Initiation VAC2002- RE - Matt eating Vacation - ices Tech Act - Businea s M eamY w et Amend Library $eN semblies an Budg aret T,AC Update -Public As M Craig & h 1 _ORD & RES. Ron -10 min Title 3 - x Meeting Cementing c Busi teas Amendment Imp U1 Code Ado puane - 25 Mtn LUE SHEET P41- 0RD " IGA - Jim - 4J am Quarry Dufi in the 69th 20 min. owners Assessments to Propem BLUE us- & Craig - " -Bill Samarinda Kutar Update SHEET sage 1 SI standing item itentatwe.As admlgreedtentaty ag ~►2712002 and City Council Tig da Tentative A9en greeter 5114102 -Business m' - BusinessN .Greeter Due; 4130102@ 4123102 5 P study session Due; 419102 @ 5 P'mT shoe session Btu E SHEE in 411+5!02 -WOE study er Review lSl1 ram _ biz -10 n' P.M. City Mane 11 Grant ?tog Due; 412102 @ 5 P' Update on Randa WoricshoP Topics BI-UE SHEET tsl~ " BLUE SHEET ~rnrnunication plan rstnct k art of School Distract consent Ag it Jt Mtg `J' gchool D w City of Tualatin tP Jt Mt9 t Agenda m 9 consen date tSq S• ~uncil Goal Up system - G3 Portland Police Dam 1GA - gusiness Meeting a an eamy Business Meetingargare - pa ~ rary page 2 Sl = standing item a gltentat~ve.xls 1:ladn>fgreerften 212712002 AGENDA ITEM # FOR AGENDA OF March 12.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Adoption of Resolution No. 00-08, Citywide Personnel Policies Updating Family and Medical Leave Article No. 55-0 PREPARED BY: Sandra Zodrow 6;~~DEPT HEAD OK W~CITY MGR OK ISSUE BEFORE THE COUNCIL SHOULD THE CITY COUNCIL ADOPT A RESOLUTION TO REVISE THE CITYWIDE PERSONNEL POLICIES UPDATING THE FAMILY AND MEDICAL LEAVE? STAFF RECOMMENDATION Staff recommends passing a Resolution to update the Citywide Personnel Policies, Article 55.0, Family and Medical Leave. INFORMATION SUMMARY The City Council approved Resolution No. 00-08 in March 2000, which adopted the Citywide Personnel Policies. These revisions updating Family and Medical Leave Article No. 55.0 are due to recent amendments in the law for State and/or Federal Family and Medical Leave Acts. The purpose of the City's proposed changes is to assure compliance with applicable State and Federal laws as well as applicable City policies and bargaining agreements. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Copy of current Citywide Personnel Policies, Family and Medical Leave Article No. 55.0, Attachment A FISCAL NOTES N/A AGENDA ITEM # '4 FOR AGENDA OF March 12, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Rights-of-way dedication at the intersection of SW North Dakota Street and SW 1.15' Avenue, at the intersection of SW Walnut Street and SW Tiedeman Street and along SW Gaarde Street PREPARED BY: G. Berry -VA DEPT HEAD OK .0&----CITY MGR OK ISSUE BEFORE THE COUNCIL Shall City Council dedicate additional rights-of-way at the intersection of SW North Dakota Street and SW 115th Avenue, the intersection of SW Walnut Street and SW Tiedeman Street and along SW Gaarde Street? STAFF RECOMMENDATION That City Council approves the attached resolution authorizing the City Manager to sign the Dedication Deeds. INFORMATION SUMMARY The City has purchased several parcels of land to widen or extend rights-of-ways to accommodate street improvements for three completed projects. These parcels are currently being used for right-of-way although the City continues to own the title to the parcels. Generally, rights-of-way are created by conveying title to the public. The purpose of the dedication is to convey these City-owned parcels to the public so that the parcels become rights- of-way. SW North Dakota Street and SW 115`h Avenue (Exhibit "A") - This is a 0.30 acre parcel at the southeast corner of this intersection required for a 1987 project that realigned a portion of SW North Dakota Street. The entire parcel is intended for right-of-way use. SW Walnut Street and SW Tiedeman Street (Exhibit "B") - The recent street improvements at this intersection required the City to acquire two parcels. The first parcel has a total area of 0.90 acre. The proposed dedication includes 0.36 acre of the parcel. The City will continue to own the remaining 0.54 acre. The other parcel is at the northeast corner of SW Walnut and SW Fonner Streets and has a total area of 0.33 acre. The proposed dedication includes 0.08 acre of the parcel. The remaining 0.25 acre is currently being used for a City-owned stormwater treatment facility and will be retained by the City. SW Gaarde Street (Exhibit "C") - This is a 1.26 acre northerly extension of the Gaarde Street right-of-way to SW Walnut Street to accommodate improvements completed last August. The proposed right-of-way extends through two City-owned parcels that have a combined area of 1.58 acre that will not be included in the right-of-way. The City will continue to own this remaining area. OTHER ALTERNATIVES CONSIDERED Not applicable VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable ATTACHMENT LIST Attachment "1": Proposed Resolution Exhibit "I": Dedication deed with Exhibit "A" and map, Exhibit "2": Dedication deed with Exhibit "B" and map, Exhibit "T': Dedication deed with Exhibit "C" and map. FISCAL NOTES Not applicable IVNY WeWrnWmaary brrlpMgf-way dWlca6 Ax AGENDA ITEM # '41 cJ FOR AGENDA OF March 12, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolution to Approve Year Twelve of the Washin on Coun Wasteshed Waste Reduction Plan and to Adopt an Intergovernmental Agreement with Washington County PREPARED BY: Tom Imdieke DEPT HAD OK CITY MGR OK _i+ W ISSUE BEFORE THE COUNCIL Should the City participate with Washington County by signing an IGA to meet Metro waste reduction work plan requirements for Year 12? STAFF RECOMMENDATION Approve IGA with Washington County to work together to meet Metro Year 12 Waste Reduction Work Plan requirements. INFORMATION SUMMARY Metro has established a Regional Solid Waste Management Plan (RSWMP) which includes a requirement that the cities and County in Washington County prepare annual waste reduction work plans. The cities and County in Washington County determined in 1990 that it would be more cost-effective to participate together and adopt an annual work program for the Washington County Wasteshed. Tigard has been a member of the Wasteshed since that time. On 7/1/97, the City of Beaverton withdrew from the Wasteshed, however, all other cities within the County continue to work together. This year the plan continues to bring together three integral pieces of the region's waste reduction and recycling system: new and focused efforts to recover more from the commercial, construction/demolition debris, and organics sectors; continuation of competitive grants for innovative waste reduction programs; and the maintenance of programs that form the foundation of the region's recycling infi-astructure. The term of this agreement would be for one year but now this twelfth year agreement establishes automatic renewal of the program if funding from Metro continues to be available. Any party, however, could terminate participation in the program by giving 30 days notice. OTHER ALTERNATIVES CONSIDERED Withdraw from the Countywide program and adopt a plan for the City of Tigard pursuant to the requirements in ORS Chapters 268 and 459. This plan would also have to be in compliance with Metro's RSWMP. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Does not apply ATTACHMENT LIST • Resolution which records Council's action to approve the IGA and participate in the Year 12 Work Program; • IGA with Washington County with two attachments. FISCAL NOTES Tigard's portion of the funding for the FY 2001-02 work plan is provided by a Metro grant for $17,858. This is paid to Washington County to administer the program WASHINGTON COUNTY WASTESHED ANNUAL WASTE REDUCTION PROGRAM INTERGOVERNMENTAL AGREEMENT YEAR 12: FISCAL YEAR 2001 - 2002 Parties Parties to this Agreement are Washington County (hereinafter "County") and the individual signatory city. Plan participants expected to sign agreements are the County and the Cities of Banks, Cornelius, Durham, Forest Grove, Hillsboro, King City, North Plains, Sherwood, Tigard, Tualatin and Wilsonville (hereinafter "Cities"). Any reference hereinafter to "Local Government" shall include both County and Cities. 11. Statutory Authority This Agreement is entered into pursuant to ORS Chapter 190 and ORS 459.065(1)(b). III. Purpose Pursuant to ORS Chapter 268, ORS Chapter 459, and related administrative rules, Metro has established a Regional Solid Waste Management Plan (RSWMP), including a waste reduction chapter. The RSWMP provides that Metro shall establish a multi-year work plan for solid waste reduction and identifies specific programs for Local Governments to implement the Metro plan. Metro has established guidelines for Local Government's participation in the form of an Annual Waste Reduction Program for Local Governments for Year Twelve (July 1, 2001 to June 30, 2002) of Metro's work plan. The Metro plan requires Local Governments to adopt a work program annually. The Annual Waste Reduction Program establishes minimum requirements for Local Government's work programs for years one through ten, and provides that Local Governments may work -cooperatively with neighboring Local Governments if intergovernmental agreements documenting cooperative arrangements are submitted with the Local Government program. The purpose of this Agreement is to document the cooperative arrangements among the Local Governments, to establish the duties of the County as administrator of the Local Government Annual Waste Reduction work plan for the fiscal year 2001-2002, and to provide a structure for continuing working relationships among the Local Governments during the upcoming years of Metro's work plan. 1 Washington County WasteshedAnnual Waste Reduction Program Intergovemmental Agreement Year 12 IV. Term of Agreement Participation shall be accomplished by adoption of the plan and by entering into this Agreement. The term of this Agreement shall commence upon execution and shail continue in effect through June 30, 2002, unless terminated by either party upon thirty (30) days notice in writing. Thereafter, this agreement shall automatically renew for successive one-year terms (July 4 - June 30) if funding from Metro is available. Any party may terminate its participation in this agreement upon! 30 days notice. V. Administrative Structure A. The Washington County Wasteshed Technical Committee shall consist of a staff member from each Local Govemment appointed by each of the Local Govemment administrators or goveming bodies. County staff shall act as administrative coordinator of the Technical Committee. B. The Technical Committee shall develop and propose an annual work plan including projected annual expenses and revenues for future _ years as necessary. The annual work plan will be developed in a timely manner to meet all deadlines set by Department of Environmental Quality, Metro and participating Local Governments. Annual work plans will be presented for approval by the governing body of each Local Govemment on one-year intervals only. The annual work plans shall provide Local Governments with minimum waste reduction standards consistent with the Metro plan; individual Local Govemments may impose higher standards for waste reduction. VI. Duties of Parties A. County Duties as Program Administrator The County shall perform work requiring technical expertise, including plan development, data collection and compilation, report writing, program coordination, technical advice to participating govemments, and general information to the public. The County shall recommend policies and develop model ordinances as necessary, and generally promote the Local Govemment waste reduction programs. The County shall also perform fieldwork including performing waste evaluations, commercial recycling, single- family recycling, multi-family recycling, school and community education, and, special event promotion. The County shall also perform work requiring coordination with Metro, DEQ, and other agencies, and represent the Local Govemments before such 2 OEM Washington County Wasteshed Annual Waste Reduction Program Intergovernmental Agreement. Year t 2 agencies. In addition, the County shall perform the specific duties outlined in Attachment I (page 2). B. County Duties as Grant Applicant The County may act as agent for all participating jurisdictions in applying for waste reduction and recycling grant funds as determined appropriate by the Technical Committee. Disbursement of funds will be to local participating jurisdictions or franchised haulers based on a formula to be determined by the Technical Committee or set by grant requirements. This does not preclude any Local Government from applying individually for any waste reduction and recycling grant. C. Duties of Each Local Government Each Local Government shall undertake annual program tasks that are internal in nature, such as waste reduction and recycling activities and procurement of recycled products. Unless otherwise assigned by a separate intergovernmental agreement, each Local Government shall also be responsible for enforcement of solid waste reduction plan standards with respect to the solid waste collection ordinances and franchisees within each Local Government jurisdiction; enforcement may include complaint investigation, service standard review, reporting and revisions to Local Government codes based upon the model code developed by the County. In addition, each Local Government shall be responsible for establishing rates for collection franchisees within each Local Government's jurisdiction consistent with the waste reduction program. Each Local Government designates the County to act as its agent in receiving the Metro Annual Waste Reduction Grant funds and other appropriate recycling grant funds. In addition, each Local Government shall perform the specific duties outlined in Attachment I (page 2) and as noted in the Year 12 Annual Waste Reduction Work Plan (Attachment II). D. Indemnification 1. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, the County shall hold harmless, defend, and indemnify City, its directors, officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the County's performance of this Agreemenj where the loss or claim is attributable to the negligent acts or omissions of the County. 3 Washington County Wasteshed Annual Waste Reduction Pn)gram InteMovemmental Agreement: Year 12 2. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, City shall hold harmless, defend and indemnify the County, its Commissioners, employees, and agents against all claims, demands, actions, and suits (including all attorney fees and costs) arising from City's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of City. Vli. Funding A. Each City shall pay to Washington County as program administrator the amount identified as the City's share for administrative costs as allocated under the annual plan recommended by the Technical Committee and approved by the participating Local Governments. For the 2001-2002 year, each Local Government's share shall consist of all revenue from the Metro "Annual Waste Reduction Program" grant for the current program year, in accordance with Attachment I (page 3). Washington County shall act as administrator for revenues collected by cooperative efforts of the Local _ Governments. Each Local Government shall have the right to audit for up to three years County records relating to Metro grant funds received through this Agreement. County may immediately terminate this agreement by written notice to City in the event County does not receive adequate funding from Metro. If so terminated, County shall refund- to City its unexpended allocation of the year's grant funds received by County from Metro. B. For each subsequent term of this agreement, the funding allocation shall be as set forth in Metro's Annual Waste Reduction Program for Local Governments Agreement. That Agreement shall be forwarded to each City upon receipt by County. Any City may object to any term or condition of the Annual Waste Reduction Program for Local Governments Agreement, provided that the objection is raised within 30 days of receipt. If no objection is raised, the terms of the Annual Waste Reduction Program for Local Governments Agreement shall be automatically incorporated into this agreement 30 days after receipt by the Cities. If an objection is raised the parties shall use their best efforts to resolve the issues. 4 Washington County Wasteshed Annual Waste Reduction Program Intergovernmental Agreement: Year 12 CITY OF T, ac,.c BY Title Date WASHINGTON COUNTY BY Title Date i i i i a~ i ' ~i 5 Attachment I Washington County Cooperative Recycling Program Annual Waste Reduction Program: History, Responsibilities, and Funding Year 12: Fiscal Year 2001 - 2002 Mission: The Washington County Cooperative Recycling Program is an intergovernmental organization formed by the Cities of Banks, Cornelius, Durham, Forest Grove, Hillsboro, King City, North Plains, Sherwood, Tigard, Tualatin, Wilsonville, and unincorporated Washington County. The Cooperative Recycling Program is committed to providing solid waste management, including waste reduction program planning, public education, and developing recycling and collection services which are provided in an efficient, affordable, and environmentally sound manner in order to achieve state mandated and regional waste recovery goals. The Cooperative Recycling Program's goal is to reduce duplicate efforts on the part of participating local governments in achieving recovery goals and providing service. Priorities for the Cooperative Recycling Program are: • Complying with state law and achieving regional goals. • Providing education and information on solid waste, waste reduction, recycling, and reuse. • Providing program coordination with other jurisdictions and agencies. • Ensuring efficient, affordable, and consistent services for the public. History: The Cities and unincorporated County first met in 1989 to develop a joint approach to yard debris recycling. In 1990 the Cities and County again met and formed a coalition of governments interested in developing a coordinated approach to providing services and programs, thereby conserving both fiscal and environmental resources. This coalition was named the Washington County Cooperative Recycling Program (WCCRP). A Technical Committee was formed to guide the activities of the coalition. For the fiscal year 2001 - 2002, the WCCRP Technical Committee has developed the Year 12 Waste Reduction Program work plan to submit to Metro. Stakeholders: The WCCRP local governments work to provide the 383,824 residents and approximately 12,508 (August 2000) commercial establishments alternatives to disposal, such as waste reduction, reuse options, and recycling opportunities. Voter approval of statewide ballot measures which limits tax dollars for a variety of programs, reflects the desire of the public to receive cost effective services. Solid waste collection and recycling services are provided by 16 franchised haulers and a number of recycling firms and processors. 1 Attachment l: History, Responsibilities, and Funding Program Structure: The Cooperative Recycling Program is guided by the Technical Committee, whose members are representatives from each City and the unincorporated County. Sub- committees are formed in specific program planning areas; for example, commercial recycling and waste reduction program planning, on an as-needed basis. Washington County staff administers the program on a day-to-day basis and monitors overall compliance with state law and regional goals. Each local government is responsible for rate setting and enforcement within their legal boundaries. The full scope of responsibility is outlined in Figure 1. Figure 1. Local Government Scope of Responsibility COUNTY AS PROGRAM ADMINISTRATOR CITIES & UNINCORPORATED COUNTY ROLES IN PROGRAM Plan Development Designate County as Annual Waste Reduction Implementation Data Collection & Compilation Grant Administrator Reporting Requirements Rate Setting Authority for Franchised Haulers Program Coordination Authorize County to Apply for Waste Reduction Implementation Technical Assistance to Local Governments Grants as Applicable General Public Information General Promotion Internal Recycling Programs: Public Education In-House Recycling Programs Coordination With Local, Regional, and State Procurement Policies Governments and Agencies Multi-Family Recycling Service Resolution or Ordinance Organic & Yard Debris Facilities Zone Code Review Program Implementation: Waste Reduction Program Enforcement: Residential Curbside Recycling Program Program Implementation Assurance Coordinate and Conduct Waste Evaluations Complaint Investigation Community Education Code Revision Multi-Family Recycling Program Service Standard Adoption Organic Program Development Report Requirements School Education Commercial Recycling Program Contribute Revenue to Program and Incur Contribute Revenue to Program for Administrative Costs Administrative Costs as Lead Jurisdiction Since local governments retain authority over the rate-setting process, it is each local government's responsibility to assess the fiscal impacts of the new waste reduction programs included in the Year 12 Plan and the continuation of existing programs for their franchised haulers. Funding: Disposal fees and franchise fees fund the area's waste reduction programs. Metro collects a portion of the disposal fees paid by area residents and redistributes a small percentage of the money in Annual Waste Reduction Program Grants to local governments in order to conduct waste reduction activities. These Waste Reduction Program Grants are awarded on a per capita basis to each City and County (see Table 1). 2 Attachment 1. History, Responsibilities, and Funding Table 1. Population and Funding Allocations Jurisdiction 2000 Metro Challenge Grant Franchise Total Funding Population Allocation Fee Funding Banks 1,286 $557 $0 $557 Cornelius 9,652 $4,181 $0 $4,181 Durham 1,382 $599 $0 $599 Forest Grove 17,708 $7,671 $0 $7,671 Hillsboro 70,186 $30,405 $0 $30,405 King City 1,949 $844 $0 $844 North Plains 1,605 $695 $0 $695 Sherwood 11,791 $5,108 $0 $5,108 Tigard 41,223 $17,858 $0 $17,858 Tualatin 22,791 $9,873 $0 $9,873 Wilsonville 13,991 $6,061 $0 $6,061 Unincorporated 190,260 $82,421 $298,227 $380,648 Washington County TOTALS 383,824 $166,273 $298,227 $434,095 Each of the jurisdictions participating in the WCCRP assign their funding through an intergovernmental agreement to Washington County to administer the WCCRP work plan. In addition to the County's Waste Reduction Program Grant money, the County contributes franchise fee generated funds, which matches the amount of Metro funds, for use in administering the Cooperative Recycling Program. Table 1 reflects the 2001 - 2002 level of funding for the program. Priority will be given to complying with state requirements and maintaining programs established in the first ten years of the waste reduction program. The WCCRP governments should assess the impact of reduced funding on programs and determine whether new funding sources should be secured. Work Plan: The work plan for the WCCRP follows, as Attachment I1. Responsible parties for each activity is noted for each task. 3 Attachment 11 Year 12 (FY 2001-02) Metro and Local Government Partnership Plan for Waste Reduction March 26, 2001 Background: Since 1990, Metro and its local government partners have developed cooperative plans to implement the region's waste reduction and recycling programs. These plans, implemented by both Metro and local governments, are designed to: ■ build on the foundation of the Regional Solid Waste Management Plan, ■ contribute to accomplishing state and regional waste reduction goals, provide regional continuity among the various local government and Metro programs. Through this and other programs, Metro and local governments have worked together to provide programs and services including: single and multi-family residential recycling services, curbside yard debris collection, ■ home composting education, waste reduction consultations to businesses, in-school programs for students and teachers, ■ hazardous waste public outreach and education, and many other valuable programs and services. Despite demonstrated successes in the residential sector, findings from the State of the Regional Solid Waste Management Plan Report indicated a need to place more emphasis and resources on three critical areas: Commercial waste reduction and recycling; construction and demolition debris management; and recovery of organic wastes. Substantial changes were made to the Annual Plan during 1999-2000, with the Year 11 (2000-01) Plan as the inaugural year for the new format. Year 12 begins the second year of this new structure, a focused approach to the three critical areas (commercial, organics and C&D) and continued support and maintenance of existing regional programs. In rethinking the manner in which programs are planned and implemented, Metro, DEQ and local government partners chose to take a true team-oriented approach to developing new programs and initiatives. Intergovernmental work groups were formed to plan the new strategies and will implement and measure these new strategies as a team-a truly regional effort. Local jurisdictions and Metro will also continue to maintain and report on independent activities. This plan brings together three integral pieces of the region's waste reduction and recycling system: New and focused efforts to recover more from the commercial, construction/demolition debris (C&D) and organics sectors; continuation of competitive grants for innovative waste reduction programs; and the maintenance of programs that form the foundation of the region's recycling infrastructure. Metro and Local Government Partnership Plan for Waste Reduction (-Y 2001-02 -1 - ~4ttachment 11 New Initiatives--Results to date: Three intergovernmental teams were formed in the summer of 1999 to develop comprehensive three- year plans to address the lagging recovery progress in the commercial, construction& demolition debris and organic waste areas. The plans were adopted in late 1999 and began implementation in January 2000. The following are some highlights of accomplishments during the first year of implementation. Organics: 1. Waste prevention, donation and diversion: ■ A study of food waste-generating industries and their communication channels was completed in August 2000. This study will assist the region in targeting effective outreach methods and messages. v A study of 92 food-generating businesses in the region to determine where food waste is generated and to guide efforts in waste reduction, donation and collection for processing has been completed. ■ $109,000 in grant funds were awarded in 1999-2000 to develop food recovery and food waste processing infrastructure. 0 $166,383 in grant funds were awarded in 2000-01 to enhance the region's edible food recovery infrastructure. 0 Metro continues strong food recovery partnerships with the Oregon Food Bank, St. Vincent de Paul and food industry professional organizations. 0 A market study on the feasibility of diverting food waste for animal feed is nearing completion. 2. Collection and processing infrastructure development: ■ DEQ has begun conducting detailed waste sorts on food waste generating businesses to help determine types and tonnage of food waste. A $600,000 grant program for the development of infrastructure for the collection and processing of non-edible food waste has been developed and will be released in early 2001. The City of Portland has begun a pilot food waste collection project to determine the feasibility of collection and processing from businesses within the City. Metro and the City of Portland continue to coordinate efforts to encourage the development of organic waste processing capacity within the region through Requests for Qualifications and combined Request for Proposal processes. i Commercial: • Developed a process to assess the accomplishments of the current waste evaluation program that provides business assistance on waste prevention, recycling and buy-recycled efforts. A) Convened a focus group of current and past waste evaluators in November to find out how they think the current program could be improved. B) Designed and developed an instrument to survey 600 Metro region businesses that have and have not received waste evaluations. RFP will be issued in November for market research firm to conduct the survey. Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 - 2- Attachment 11 • Began design of new commercial technical assistance program (CTAP) that will include an evaluation component for each of the above three activities. As part of that process, the team: A) Conducted a survey of other community commercial technical assistance programs. Final report due November 27 B) Is developing a summary of Metro and local government commercial waste reduction research. Scheduled for December 2000. C) Is designing new Commercial Technical Assistance Program. Scheduled to begin February 2001. ■ Select a specific commercial waste prevention activity with a measurable component and hire a contractor to provide implementation for the targeted industry. Office paper reduction and reusable packaging are examples of two activities that could be pursued. Planning scheduled to commence November 2000. ■ Developed a work plan and formed an intergovernmental team of planning staff to implement the model building design review initiative. Construction and Demolition Debris: • Researched other construction and demolition debris outreach and education programs (successful and not) implemented throughout the country. ■ Used the research results to develop a request for proposals and hired a contractor to create a three-year education and outreach strategy for the Metro region. Contractor chosen in August 2000. A) Completed executive interviews with C&D industry leaders in October 2000. B) Began quantitative interviews with contractors, developers and property owners to learn more about their waste management practices and receptiveness to new information about C&D waste. C) Focus groups with C&D industry to test outreach strategies and completed three-year education outreach plan due at project completion in December 2000. Plan Structure and Format: The Year 12 Partnership Plan is divided into the following three program areas: Part I: New Initiatives in Commercial, C&D, and Organics Part II: Targeted Competitive Grant Program Part III: Maintenance Programs Part I is composed of detailed initiatives in the three focus areas: Commercial, C&D, and commercial organics. These initiatives, now in their second year of implementation, form the core of the work and activities to be implemented in the region. Each of the three programs was identified as lagging in recovery levels necessitating intensive, focused planning and implementation efforts over the next few years. Part II provides competitive grant funds and a structure to target RSWMP practices that are not otherwise addressed in other program plans and for which other sources of funding are not available. This portion of the program also seeks to support creative methods for addressing solid waste issues. Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 -3- Attachment 11 Each year, an area or areas of focus will be developed based upon targeted needs or regional priorities. Part III tracks the backbone of established programs in the region that must be continually maintained by local government and Metro services. These programs form the foundation of the region's waste reduction and recycling system and include single and multi-family residential recycling services, regular outreach and education to all residents and businesses, school education programs, household hazardous waste education and outreach, home composting programs, and regional planning support. Annual Work Plan Development and Approval Process Schedule: The public input process and program plan development schedule are incorporated into the Year 12 Annual Plan as "Appendix A". Link to the Regional Solid Waste Management Plan Recommended Practices: The Regional Solid Waste Management Plan (RSWMP) presents a set of recommended solid waste management practices designed to meet the overall goal of the RSWMP: Continue to develop and implement a Solid Waste Management Plan that achieves a regionally balanced, environmentally sound and publicly acceptable solid waste system. The RSWMP recommended practices embody six broad, integrated strategies: 1. Invest in waste reduction before building additional transfer and disposal capacity. 2. Expand the opportunity to recycle. 3. Emphasize the waste reduction hierarchy. 4. Maintain flexibility and encourage innovation. 5. Set interim target dates, define roles and responsibilities, and focus on implementation issues. 6. Advance cost-effective practices for managing the region's waste. The RSWMP-recommended practices were developed for particular areas of the solid waste system: Residential waste reduction, business waste reduction, building industries waste reduction, solid waste facilities regulation and siting, and transfer and disposal facilities. Specific activities in this annual partnership plan will be tied to the recommended practices through the annual State of the Regional Solid Waste Management Plan Report published by Metro at the end of each calendar year. The Year 12 Partnership Plan addresses all areas of the RSWMP recommended practices through maintenance of established programs, a new emphasis on commercial waste reduction and recycling, construction & demolition debris recovery, and commercial organic waste reduction and recovery. Measurement of Progress: Each of the three sections in this partnership plan for waste reduction has an independent progress measurement and reporting scenario tied to the specific tasks involved. At the end of fiscal 2001-02, progress reports for each section will be produced independently. These reports, combined with other important measures such as the State of the Regional Solid Waste Management Plan Report and the Annual DEQ Recycling and Recovery Report will be combined and used to assess regional waste reduction and recycling progress. Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 .4- Attachment fl Part 1• New Initiatives in Commercial, C&D and Organics Overview: The recent State of the Plan Report for the Regional Solid Waste Management Plan, which evaluated the region's progress toward its waste reduction goals, indicated a need for new initiatives in three solid waste program areas. The need for new initiatives is predicated on the following issues: The recovery rate for the region has stalled, at about 43 percent. The easily accessible material in the waste stream has been recovered. Progress in retrieving additional recoverable materials will be much more difficult and more costly. ■ Waste generation, fueled by a strong regional economy, has grown over the past years. This means that in order to meet our waste reduction goals, even higher amounts of recyclable and compostable materials must be diverted from disposal than earlier anticipated. Recovery from the commercial, organics, and construction and demolition sectors is lagging behind the residential sector, where recovery is strong and steady. Declining tip fees further complicate the recovery of materials from lagging sectors. In December of 1998, a group of Metro and local government solid waste managers convened to address the issue of the region's stalled recovery rate and the need for new efforts in certain targeted sectors. As a result, three work teams comprised of Metro, local government and DEQ staff were formed to develop new strategies and initiatives in the commercial, construction & demolition debris, and commercial organics sectors. The teams' objectives included: ■ Development of a new approach to the waste reduction planning process that results in unified, measurable, accountable and targeted work plans. Increase regional recovery by concentrating on the lagging sectors of commercial, organics, and construction and demolition (while continuing to support existing strong recovery from the residential sector.) Identify areas within these lagging sectors on which to focus cooperative waste reduction activities. Identify emerging issues in waste reduction planning that may need special attention; e.g., co- collection. Integrate the results of new initiatives into the State of the Regional Solid Waste Management Plan Report, DEQ Waste Composition Study and other recycling and solid waste data and studies. Determine the resources required for these new initiatives and measurement/ reporting activities. Regular evaluation of the focus areas to ensure they remain relevant. New Initiatives Program Plan, Administration and Timeline: Each of the three work teams convened in June 1999 and independently developed three-year work plans for their respective focus areas. An overview of the work plans is presented below. The complete three-year plans are included with this plan as Appendix "B". Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 .5 Attachment ll Commercial: In order to reach regional recovery goals, the region needs to have recovered an additional 168,000 tons of commercial recyclables between the baseline year of 1995 and the target year of 2000. To meet this goal, about half of the available recyclable paper (including OCC), containers and scrap metal remaining in commercial waste would need to be captured. Of the 20 actions identified by the Task Force, seven received a ranking greater than three on a five- point scale. These seven actions comprise the plan recommendations that follow. (Actions are listed in order of decreasing priority.) 1. Market development: Increase market development efforts, both regionally through Metro and statewide through the Oregon Market Development Council. Develop markets for new materials and local markets for recycled feedstock that might offer higher scrap prices. 2. Assess disposal bans for selected materials: This proposal needs greater review by stakeholders, including haulers, private recycling collectors, processors, markets, disposal facilities, businesses and the public. In particular, issues such as enforcement, market price impact and flow control need to be reviewed. 3. Expand local governments' technical assistance to businesses on waste prevention, buy recycled and recycling: The current technical assistance program of waste evaluations needs to be assessed for its effectiveness in increasing recovery tonnage. Data collection for future technical assistance programs needs to be standardized by local governments to allow easier monitoring. Staffing needs to be increased to provide greater follow ups at each business and to expand the number of targeted businesses. 4. Implement design review ordinances for recycling collection areas in new buildings: Some local governments have adopted an ordinance, but do not have dedicated staffing to monitor submitted plans and compliance. Adoption of an ordinance and adequate staffing are needed to ensure that new construction in the region will have adequate recycling space to enable full participation in reaching the region's recycling goals. 5. Promote commingling: Mass media outreach programs were not generally seen as effective in reaching businesses as they are in reaching households. However, the development of commingled collection and processing capacity in the region was seen as an important shift in how recycling service was provided. Awareness of this new service level would be especially important to businesses facing space and resource limitations in implementing new or expanded recycling collection. In this case, a regional media outreach program was thought to be effective. 6. Target outreach to promote waste prevention: Specific outreach campaigns and technical assistance should target activities (such as double-sided copying) and packaging (reusable transport packaging) that increase waste prevention. Specific campaigns offer the greatest likelihood of implementing an evaluation system. 7. Review regional commingled processing capacity: Ensure the region has adequate commingled processing capacity for commercial recycling with equitable access by the region's collectors. Make certain these facilities are capable of meeting high standards for material quality. r Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 -6- Attachment 11 Construction & Demolition Debris: According to the revised RSWMP recovery rates, the region must recover 130,000 tons of C&D debris in order to meet its established goals. The Construction and Demolition Debris Recovery plan is composed of three tracks, designed to increase recycling and recovery in all sectors of the construction industry while adhering to the solid waste hierarchy of reduce, reuse, recycle, recover, landfill. The first track emphasizes waste prevention through salvage and deconstruction. This practice has proven to be an effective way to prevent one of the largest sources of C&D waste, demolition waste, from entering the waste stream. As less undeveloped land is available, demolition will become an increasingly common activity in the future. The second track focuses on ways to increase diversion through programs at material recovery facilities, dry waste landfills or transfer stations. The objective is to ensure that either source- separated recycling or effective post-collection recovery is available to all sectors of the C&D industry. An important component of these efforts will focus on educating the C&D industry about the different source-separated and post collection recovery service options available for construction and demolition activities. There are four components to Track 2: A. Promotion and education targeting C&D generators on source separated recycling methods and how to take advantage of post-collection recovery options. B. Recycling requirements: Require that certain C&D loads be processed before disposal. (An extended stakeholder process will be undertaken before proceeding with this recommendation.) C. Recycling Requirements: Ban the disposal of certain materials commonly found in C&D waste loads. (An extended stakeholder process will be undertaken before proceeding with this recommendation.) D. Create incentives through the Metro System Fee Credit Program for post collection recovery facilities to increase their recovery of recyclables from C&D loads. The third track implements a market development program to target reuse and recycling of the materials prevalent in the C&D waste stream (wood, drywall, composition roofing and fiberglass insulation). The current markets for these materials are undeveloped, which represents a major barrier to reusing or recycling these materials. Commercial Organics: According to the revised RSWMP recovery rates, the region must recover 52,000 tens of organic waste in order to meet its established goals. This plan is designed to guide the regic n in the direction of increased recovery while adhering to the solid waste hierarchy of reduce, reuse, rE cycle, recover, compost, landfill. This plan takes atwo-track approach to organic waste management. The first track emphasizes waste prevention, donation and diversion. This is considered to be a least-cost approach, since preventing the generation of the material ir,the first place removes the need to manage it as a waste product. Donation is the highest end-use of food that is produced, and diversion to animal feed is the next step down in the hierarchy. Each of these approaches can be implemented in a relatively rapid fashion in that an existing infrastructure is present in the region, and outreach materials may be produced with short turnaround. While the food donation infrastructure does exist, some assistance Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 .7- Attachment ll and support will be necessary to enhance capacity to accommodate new and increasing flow of material. The second track focuses on developing a processing system to accommodate organic waste that cannot be diverted to higher-end uses. Every effort will be made to utilize existing infrastructure and tailor generator and collection programs to fit within existing operations and regulatory systems. Several pilot projects will be initiated within the next 18 to 24 months to determine the economic feasibility of a regional organics collection and processing system. If the pilots prove successful, the Regional Organics Team will move rapidly towards the development of a permanent collection and processing infrastructure. If the pilots prove that organic waste collection and processing are not economically feasible in the current solid waste environment, only Track 1 programs will be fully implemented and the group will revisit the issue at a later date. The decision to develop permanent collection and processing facilities is contingent upon economic feasibility. If feasible, and the program determines that public participation is required to leverage processing capacity, then we may face a large, lump-sum budget request within the next two to three years. During the first three years, the team has chosen to target efforts towards large organics-rich businesses and industries. These targeted businesses are: ■ Large retail grocery stores ■ Large restaurants ■ Hotels ■ Institutional cafeterias ■ Produce wholesale warehouses ('Institutional cafeterias include food service operations in schools and universities, hospitals, large office buildings, corporate campuses, prisons, etc.) Program Administration and Reporting: Because these new initiatives require the work and the support of all regional partners, the day-to-day administration of the various tasks in the Commercial, C&D and Organics programs will be managed by the respective regional intergovernmental work teams that developed these plans. Individual team members will be assigned oversight of particular pieces of the plans, and will be responsible for reporting back to the team when they meet on an ad-hoc basis. Each work team will give a regular update at the monthly Local Government Recycling Coordinators Meeting and will solicit feedback from the group as well as inform the group of progress being made. Data collection, measurement and year-end progress reports will be the responsibility of the work teams. As part of the overall Year 12 Program Plan, each work team will be responsible for production of a year-end report on the progress made in the region. 2001-02 Budgeted Funds: Commercial initiatives: - $550,000 Construction & Demolition Debris Initiatives: $160,000 Commercial Organics Initiatives: $808,000 Total: $1,518,000 Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 -8- Attachment Il Part II: Targeted Competitive Grant Program Overview: The competitive grant program is designed to supplement the program funding available through the Partnership Program. These grants are intended to assist local jurisdictions in targeting the RSWMP practices that are not addressed in other program plans, and for which other sources of funding are not available. This program also seeks to support creative methods for addressing solid waste issues. Format and Structure: Each year, Metro will specify focus area(s) or target(s) for this competitive grant program based upon RSWMP needs and priorities. Applicants will have the choice to: 1) Submit a proposal in the focus area(s), OR 2) Propose a project outside the focus area(s) and demonstrate that there is a true need for this approach that is not being addressed through new initiatives, maintenance programs or other means. Alternative programs must also demonstrate that they contribute to meeting RSWMP goals. Local jurisdictions interested in this program must submit an application for funds using a standardized form provided by Metro. Applications must include: ■ A clear goal statement, ■ A clear justification of need, ■ A specific dollar amount requested, ■ Concise and meaningful measurement tools and methods, and ■ A description of intended results. Applications must identify the specific practices of the RSWMP to which the funds will be applied, demonstrate clear benefits to the region, and should be transferable to other jurisdictions. Local jurisdictions are required to provide at least a 50% match to funds requested. This match may be dollars, materials, in-kind services or a combination of these. Applicants are encouraged to cooperate or develop formal partnerships with nonprofit, volunteer agencies, business associations, chambers of commerce or other groups. In-kind matches may be provided in part by some or all partners. Reporting: A 90-day progress report as well as a final report due 30 days from the completion of the project must be submitted to Metro. Reports must demonstrate how the project has met the stated criteria and the impacts the project has had to the prevention, recycling and recovery of waste in the region. 2001-02 Budgeted Funds: $185,000 Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 -9- Attachment 11 Part III: Maintenance of Existing Prostrarns Overview: Part I I I of the Partnership for Waste Reduction focuses on the maintenance of existing and established local and regional waste reduction and recycling programs. Significant progress in waste reduction and recycling has been made over past years through these existing programs. In order to maintain these successes, established programs must continue to be funded, staffed and maintained at the same time that new initiatives are introduced. Maintenance Program Plan Format, Structure and Timeline: The Maintenance Program format is intentionally simple and straightforward. Local governments and Metro will each complete the attached chart, detailing the outreach, education and collection programs currently implemented and the efforts each will engage in to maintain these programs. This will provide a comprehensive regional picture of the existing programs implemented and maintained by local governments and Metro. The reporting section is to be completed at the end of the fiscal year and submitted to Metro no later than August 1, 2001. This section will detail each task's actual implementation date, as well as relevant status reports, changes and noted results. The reporting section will serve as the basis for integrating existing program status and progress into the recommended practices of the RSWMP, as well as the required annual reporting to the Department of Environmental Quality. Compliance with State Law and the Regional Solid Waste Management Plan: All regional partners will continue to be required to comply with the provisions set forth in State Law (OAR 340-90-040) in addition to the tasks listed in the RSWMP. Metro will be the reporting agency for the region's three county area. Metro will also assume responsibility for integrating maintenance programs into the recommended practices set forth in the RSWMP. This integration will be illustrated in the Annual State of the Plan Report section titled Implementation Status of Recommended Practices. Annual Allocation: The funding assistance provided to local jurisdictions for the maintenance of existing programs is allocated on a per-capita basis. Each jurisdiction receives an allocation based upon its percent of the region's total population. The FY 2001-02 allocation for the City/County of Washington equals $166,274. This represents 14% of the overall City/County solid waste and recycling budget. Program Overview Narrative: This section of the Plan provides a more descriptive and encompassing overview of maintenance programs. Local governments and Metro will each provide a short annual narrative describing the range of programs and the principles behirLi them. 2001-02 Budgeted Funds: $618,000 Metro and Local Government Partnershlp Plan for Waste Reduction FY 2001-02 -10 Attachment !I PLANNED MAINTENANCE ACTIVITIES FOR FISCAL YEAR 2001-02 The Program Plan Table is divided into two sections: Planning and Reporting. The planning section lists program areas under the header marked "Tasks" which are to be completed in detail by Metro and local governments. All outreach, education, collection and other existing program efforts are to be listed under each task area with an associated implementation date noted under the heading "Planned Date." The section header "R/WP/B" identifies whether this particular program or activity is primarily recycling (R), waste prevention (WP) or both (B). This notation is to assist Metro in the collection of data for reporting to the Department of Environmental Quality on the region's waste prevention activities. The completed planning section of the table is due to Metro no later than June 1, 2001. PLANNING REPORTING Tasks Planned R/WP/B Implemented Implementation Date Date Status/Results Residential • Bulky Waste Day Spring 2002 R ■ Computer Collection Fall 2001 B Event • WasteLine Winter 2001 B Publication (bi-annual) Ongoing B ■ Literature ■ Display Development and Distribution Ongoing B Program ■ Web Page Ongoing B Multifamily ■ Intent to develop B new literature Fall 2001 • Web Page (bi-lingual) Ongoing B Home Com ostin ■ Support Metro Event Spring 2002 R ■ Web Page Ongoing B ■ Pilot Project Follow- Up Summer B 2001 Commercial ■ Waste Evaluations Ongoing B ■ BRAG Program - Ongoing B ■ Display Development Ongoing B and Distribution Program ■ Support WRAIN On, ping B ■ Literature Fall 1001 B Development ■ Web Page Ongoing B ■ BusinessLine Publication (bi-anm al) Winter 2001, B _ Spring 2002 Construction & Demolition ■ The County is Ongoing R working with county registered facilities to begin d waste Metro and Local Govemment Partnership Plan for Waste Reduction FY 2001-02 -11 Attachment F processing. Household Hazardous Waste • Support Metro Ongoing B Events • Web page Ongoing B Regional Planning Suppo ■ Participation in Ongoing B regional coordination groups: BRAG, Metro SWAC, Compost Bin Distribution event, Mobile Household Hazardous Waste events, P20 group, WRAIN, Organics Regional Task Force Workgroup, C&D Regional Task Force, Commercial Regional Task Force School Outreach and Education ■ Green Schools Ongoing B ■ Kidsline Publication Spring 2002 B ■ Newletters Fall 2001 B ■ Web page Ongoing B • Waste Evaluations Ongoing WP Other ■ SHARPS outreach Ongoing B • SHARPS Article In Ongoing B Wastel-ine Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 -12 Attachment 11 Appendix A Fiscal Year 2000-2001 Metro and Local Government Partnership Plan for Waste Reduction PLAN DEVELOPMENT SCHEDULE e Timeline Annual Work Plan Process September 30, 1999 Metro and local government targeted sector work teams (Organics, C&D, Commercial) complete draft plans and associated budgets, October 30, 1999 Targeted sector plans and existing program maintenance plans combined and refined to create overall 2-3 year approach outline. Fiscal Year 2000-01 presented in a more detailed fashion. December 30, 1999 Draft overall framework developed by Metro and local government staff. Version 1 ready for public involvement process. January - March 2000 Regional public involvement: Public Comment and Metro SWAC review of drafts REMCOM Work session on drafts REMCOM public hearing on final version March - April 2000 Council approval process: Metro Council consideration and adoption. April - May 2000 Local and Regional Public Involvement: Local SWAC and other public involvement Metro budget hearings Local government budget hearings June 1, 2000 Local Government Participation Commitment Agreements Drafted PLAN IMPLEMENTATION Jul 1 Start of Fiscal Year - Implementation begins Nov. 30 Intergovernmental agreements for grant funding approved and funds distributed to local governments to support the maintenance of existing programs. PROGRESS REPORTING Aug. 1 Local government and Metro assess progress. Nov. 30 Metro publishes annual "State of the Regional Solid Waste I Management Plan" status report for the previous fiscal year period s:\share\wr&o\rnchall\year 11\yr 11 plan final.doc Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 -13 Attachment 11 Appendix A Fiscal Year 2000-2001 Metro and Local Government Partnership Plan for Waste Reduction PLAN DEVELOPMENT SCHEDULE Timeline Annual Work Plan Process September 30, 2000 Metro and local government targeted sector work teams (Organics, C&D, Commercial) review and amend plans and associated budgets. October 30, 2000 Targeted sector plans and existing program maintenance plans combined and refined to create overall 2-3 year approach outline. Fiscal Year 2001-02 presented in a more detailed fashion. December 30, 2000 Draft overall framework developed by Metro and local government staff. Version 1 ready for public involvement process. January - March 2001 Regional public involvement: Public Comment and Metro SWAC review of drafts REMCOM Work session on drafts REMCOM public hearing on final version March - April 2001 Council approval process: Metro Council consideration and adoption. April - May 2001 Local and Regional Public Involvement: Local SWAC and other public involvement Metro budget hearings Local government budget hearings June 1, 2001 Local Government Participation Commitment Agreements Drafted PLAN IMPLEMENTATION Jul 1 Start of Fiscal Year - Implementation begins No later than Nov. 30 Intergovernmental agreements for grant funding approved and funds distributed to local govern fients to support the maintenance of existin ro rams. PROGRESS REPORTING Aug. 1 Local government and Metro assess progress. Nov. 30 Metro publishes annual "State of the Regional Solid Waste Management Plan" status report for the previous fiscal year period sAshare\wr&o\rnchall\year 12\yr 12 plan draft 1.doc Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 -14 Attachment 11 Appendix B New Initiatives in Waste Reduction 3-Year Flans ■ Commercial Organic Waste Recovery ■ Construction & Demolition Debris Recovery ■ Commercial Waste Reduction and Recycling Metro and Local Government Partnershlp Plan for Waste Reductlon FY 2009-02 - 95 Attachment fl Commercial Organics Work Allan 1999-2002 Updated September 2000 Overview: According to the revised Regional Solid Waste Management Plan recovery rates, the region must recover 52,000 tons of organic waste in order to meet its established goals. This plan, cooperatively developed by the Regional Organics Work Team comprised of Metro, DEQ and local government staff, is designed to guide the region in the direction of increased recovery while adhering to the solid waste hierarchy of reduce, reuse, recycle, recover, compost, landfill. This plan takes a two-track approach to organic waste management. The first track emphasizes waste prevention, donation and diversion. This is considered to be a least-cost approach as preventing the generation of the material in the first place removes the need to manage it as a waste product; donation is the highest end-use of food that is produced, and diversion to animal feed is the next step down in the hierarchy. Each of these approaches can be implemented in a relatively rapid fashion in that an existing infrastructure is present in the region,'and outreach materials may be produced with short turnaround. While the food donation infrastructure does exist, some assistance and support will be necessary to enhance capacity to accommodate a new and increased flow of material. The second track focuses on developing a processing system to accommodate organic waste that cannot be diverted to higher-end uses. Every effort will be made to utilize existing infrastructure and tailor generator and collection programs to fit within existing operations and regulatory systems. Several pilot projects will be initiated within the next 18 to 24 months to determine the economic feasibility of a regional organics collection and processing system. If the pilots prove successful, the Regional Organics Team will move rapidly towards the development of a permanent collection and processing infrastructure. If the pilots prove that organic waste collection and processing are not economically feasible in the current solid waste environment, only Track 1 programs will be fully implemented, and the group will revisit the issue at a later date. The decision to develop permanent collection and processing facilities is contingent upon economic feasibility. If feasible, and the program determines that public participation is required to leverage processing capacity, then we may face a large, lump-sum budget request within the next two to three years A series of outreach efforts with a global message to the general public about the regional organic waste efforts will be planned for roll-out once programs are implemented. It is unknown what the specific concept or costs of such efforts will be at this time as they are dependent on the extent of the programs implemented. Additional funds to cover this effort will be proposed in future budget requests. The following draft plan provides the details and the accompanying resources needed for the immediate implementation of a regional organic waste management plan. During the first three years, the team has chosen to target efforts towards large organics-rich businesses and industries. These targeted businesses are: • Large retail grocery stores • Large restaurants • Hotels • Institutional cafeterias* • Produce wholesale warehouses (*Institutional cafeterias include food service operations in schools and universities, hospitals, large office buildings, corporate campuses, prisons, etc.) While this plan focuses on the commercial sector, the team may address the possibility of a residential plan in the future. At this time, however, the team feels that the commercial sector has the majority of clean, accessible and recoverable food wastes. Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 -16 p►VERS►ON donation and diversion pONATION AND revention, 2001.92 tedfnod-intensive businesses to increase waste p . BASTE PREVENTION Attachment ii CK 2040.41 draft 1899.00 gadget Bud et TRA FTE Develop focused outreach and education progra 0 0 mores. $5,000 prevention 0.16 ~ Waste most suitable entry Interns to determine tar eted business category ion. and development 1 Research ature o Prevention messages. Research ( e v Waste prev of each targeted business within the re t for eff ocat'On t on dissemination within each industry P, bet and I for inforrna targeted Determine num methods used etc.) ed for use in Research curre nt an1zations, - 0 sional or industry and educational materials develop 0 {profes outreach - Research existing -effective organics -------to create suitable and to the Team industries. associations 0 - ~ fin industry ethods, and to lend credence - --a--- ership ropriate outreach m 0 0 'bevelop R es, app endorsements.) site outreach messag onsorships or led with on- organics program (seek out sp revention coup Team lion on waste p and educa in use in the region to tailor _ focused outreach $2,000 2. povelop materials currently _ 0 assistance: existing _ _ contract $25,000 ults and '-""p- production. ----resu _lts_. of _._._research. 0 Utilize research 'es cific materials for based on Q spe tools and methods rganics - "pevelop effective outreach - Team _ 710 $70,000 (design and pnntmg) - ---0 $73 n PIan for materials developed _ _ coordinate 2.0* - pevelop distributio - aten--als, -provide on-sitroe vide assistance, feedba& to RS perional staSfto distribute m resentations, p 16-20 $73,710 $72'040 roups, provide P 8,000 hours = 040 dire temp changes. (total 6 $30 contacts with buf~ fut fe program 2.1 targd business) ta he targeted business community. g et functions within -15 - SUB•TOTAL Section A Track 2 outreach ~ also perform , These E will 2001-02 Metro and Local Government QartnershiF Phan for Waste Reduction FY ___.K9MM low I logo Attachment 11 B. Donation FTE 1999-00 2000-01 2001-02 Budget Budget draft Budget_ 1. Coordinate with charitable organizations to enhance donation infrastructure and build $200,000 $200,000 capacity: Organics 0 matching matching Develop grant program to provide funding to qualifying charitable organizations to Team grant grant increase their capability to collect, receive, store and distribute perishable foods. fund fund - Create an interagency work team that meets on a quarterly basis to assess outreach 0 and coordinate messages between Metro, local governments and charitable agencies Organics 0 0 to ensure consistent and effective direction. Team • Work with DEQ to provide statewide outreach and assistance programs that will supplement activities within the Metro region to increase capacity. 2. Design, print and distribute educational and outreach materials for targeted businesses in 0.09 $2,500 0 0 coordination with charitable agencies. • Researchtargeted businesses' level of knowledge and comfort regarding food donation intern to identify barriers and opportunities. ork with agencies to refine message regarding Good Samaritan Laws, liability issues, • W "myths and realities" of food donation in all outreach materials developed (in tandem Organics 0 0 0 with waste prevention outreach and educational materials). Work • Work with DEQ and other associations (such as AOR) to develop alternative vehicles Team for information dissemination regarding food donation and liability throughout the state to enhance knowledge. Metra Design and print educational materials $1 000 $2 000 . SUB TOTAL Section B .09 $3,500 $200,000 $202,000 Metro and Local Goverment Partnership Plan for Waste Reduction FY 2001-02 -16- Attachment 11 C. Diversion FTE 1999-00 2000-01 2001-02 Budget Budget draft Budget 1. Conduct market study to determine existing and potential options for increased diversion of acceptable, non-edible foods to animal feed uses: Contractor $20,000 0 0 • Research current animal feed options, facilities accepting food wastes, tonnage currently diverted, barriers to increased diversion, feedstock requirements, strength and viability of current animal feed market, etc. • Research existing professional and industry associations, government agencies and others involved in regulating animal feed operations and disseminating information to those involved in the industry. • Research current levels of land application of food wastes along with applicable laws and regulations. 2. Implement animal feed diversion program if research proves increased market capacity Organics 0 0 $100,000 exists and can be utilized. Team SUB TOTAL S ction C. 0 $20,000 0 $100,000 TOTAL rack 1 2.50 $53,500 $273,710 $374,000 TRACK 2: ORGANIC WASTE COLLECTION AND PROCESSING INFRASTRUCTURE DEVELOPMENT Develop a wide range of processing options using existing infrastructure to the greatest extent ossible. A. Generator Programs FTE 1999-00 2000-01 2001-02 Budget Budget draft Budget 1. Target larger organics generators in concentrated areas and conduct research on willingness to participate in an organics collection program. Organics 0 0 0 • Focus on franchised areas that will not have mandatory separation programs. Work • Identify physical and financial barriers. Team 2. Research proportions of pre- and post-consumer food waste generated by each business type to best tailor separation and collection programs. Contractor $60,000 0 0 3. Develop specific educational materials focused on generator types, geographic area, Contractor 0 $10,000 $4,000 hauler equipment, and end-use of materials collected. (design and print) SUB TOTAL Section A. 0 $60,000 $10,000 $4,000 Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 -17- Attachment 11 B. Development of Collection Infrastructure FTE 1999-00 2000-01 2001-02 Budget Budget draft Budget 1. Utilize information gathered by City of Portland organics collection and processing pilot Organics project to determine feasibility of implementing Portland's organic waste recycling Work $10,000 0 0 requirement ordinance. Team 2. Work with area haulers and businesses to determine feasible organics collection routes Organics throughout the region. Work 0 0 0 -Research hauler willingness/potential to develop collection cooperatives. Team 3. Work with haulers to determine equipment needs, collection schedules and assistance Organics required to implement routes. Work 0 0 0 Team 4. Determine true costs of collection to facilitate future planning decisions. Organics Conduct pilot projects throughout the region to assess costs. Work $50,000 $40,000 0 Team SUB TOTAL Section B. 0 $60,000 $40,000 0 C. Utilization and'Enhancement of Existing Infrastructure for Delivery and Processing FTE 1999-00 2000-01 2001-02 of Organic Wastes Budget Budget draft Budget 1. Develop tip fee at Metro Central Station for the acceptance of organic waste for Organics processing (currently in process). Work 0 0 0 Team 2. Build local infrastructure by working closely with facilities throughout the region to research potential and assist with the implementation of organics reload and processing. Organics $50,000 $600,000 $500,000 -Work with facility operators, local officials, etc. to research and determine feasibility and Work (pilot projects, (pilot projects, likelihood of varied degrees of delivery a d reload of organics on a case-by-case basis. Team infrastructure, infrastructure, 4~ grants, loans, grants, loans, -Assist with the development of pilot projects to test feasibility of reloading for off-site etc.) etc.) processing or for acceptance of organic waste for potential of on-site processing. -Continue to utilize the two currently-available existing processing options (Arlington and LRI) while working to develop local processing capacity. Examine development of local options such as on-site processing at transfer stations and MRFs as well as local yard debris processors. -Consider the use of a short-term Metro subsidy to support organics collection and processing until more economically viable local options are developed. Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 -18 - Attachment 11 3. Work closely with Metro transfer station operator (BFI/Allied) to develop organics delivery options. Organics 0 0 0 -Develop protocols for acceptance reload and transport of organics to appropriate Work processing facilities. Team 4. Investigate financial assistance opportunities such as state tax credits for recycling DEQ 0 0 0 businesses. SUB TOTAL Section C.) 1 0 0---J-$600,000 $500,000 D. Organics Market Development FTE 1999-00 2000-01 2001-02 Budget Budget draft Budget 1. Re-establish 1 FTE in Waste Reduction to implement a permanent and meaningful market development program focusing on organics, commercial, and C&D. 0 0 0 SUB TOTAL (Section D.) 0 $0 $0 $0 TOTAL TRACK 1 2.50 $53,500 $273,710 $374,000 TOTAL TRACK 2 0.25 $170,000 $650,000 $504,000 SUB TOTAL (Tracks 1 and 2) 2.75 $223,500 $923,710 $878,000 Less Currently Budgeted Funds ($240,000 $0 $0 D GRAND TOTAL New Funds Needed 2.75 $0 $923,710 $878,000 L For future consideration: • Identify potential generators who may benefit from on-site processing options. • Consider public/private purchase and development of processing facilities if existing infrastructure proves unsuitable. Metro and Local Government Partnership Plan for Waste Reduction FY 2001-02 _19- Attachment 11 ORGANICS PLAN TIMELINE AND BUDGET FY 1999-2000 Program Initiatives Tasks that span fiscal years have had their budgets adjusted accordingly to indicate each year's particular resource needs. TRACK 1 Waste Prevention: 1. Research and development. BUDGET: $5,000 2. Develop focused outreach and education on waste prevention coupled with on-site assistance. BUDGET: $25,000 Donation: 1. Coordinate with charitable organizations to enhance donation infrastructure and build capacity for recovered food. Create inter-agency work team to assess outreach needs and coordinate messages. BUDGET: $0 2. Design, print and distribute educational and outreach materials for targeted business groups in coordination with charitable agencies. BUDGET: $3,500 Diversion: 1. Conduct market study to determine the existing and potential options for increased diversion of acceptable, non-edible food wastes to animal feed uses. BUDGET: $20,000 TOTAL TRACK 1: $53,500 TRACK 2: Generator Programs: 1. Target larger organics generators in concentrated areas and conduct research on willingness to participate in an organics collection program. BUDGET: $0 2. Research the proportions of pre- and post-consumer food waste generated by each business type to best tailor separation and collection programs. BUDGET: $60,000 Development of Collection Infrastructure: 1. Utilize information gathered by City of Portland organics collection and processing pilot project to determine feasibility of implementing Portland's organic waste recycling requirement ordinance. BUDGET: $10,000 2. Work with area haulers and businesses to determine feasible organic organics collection routes throughout the region. BUDGET: $0 Year 12 Metro and Local Government Partnership Plan for Waste Reduction 26 M Attachment 11 3. Work with haulers to determine equipment needs, collection schedules and assistance required to implement routes. BUDGET: $0 4. Determine true costs of collection to facilitate future planning decisions. (begin pilot projects throughout region) BUDGET: $50,000 Utilization and enhancement of existing infrastructure for delivery and processing of organic wastes: ° 1. Develop tip fee at Metro Central Station for the acceptance of organic waste for processing. BUDGET: $0 2. Build local infrastructure by working closely with facilities throughout the region to research potential and assist with the implementation of organics reload and processing. BUDGET: $50,000 (grants/contracts) 3. Work closely with Metro transfer station operator to develop organics delivery options. BUDGET: $0 4. Investigate financial assistance opportunities such as state tax credits for recycling businesses. BUDGET: $0 P TOTAL TRACK 2: $170,000 FY 1999-2000 TOTAL: $223,500 Current FY 1999-2000 budgeted funds: $240,000 Year 12 Metro and Local Government Partnership Plan for Waste Reduction 26 Attachment it FY 2000-2001 Program Initiatives Tasks that span fiscal years have had their budgets adjusted accordingly to indicate each year's particular resource needs. TRACK 1 Waste Prevention: 1. Develop focused outreach and education on waste prevention coupled with on-site assistance. Hire 2.0 FTE temporary staff for 2 year positions to distribute materials, provide on-site assistance, coordinate contacts with business groups, provide presentations, provide feedback to Regional Organics Team for future program changes. BUDGET: $73,710 (year 1) Donation: 1. Coordinate with charitable organizations to enhance donation infrastructure and build capacity for recovered food. Develop a 2-year matching grant program to provide funding to qualifying charitable organizations to increase their capacity to collect, receive, store and distribute perishable foods. BUDGET: $200,000 (year 1) TOTAL TRACK 1: $273,710 TRACK 2: Generator Programs: 1. Develop specific educational materials focused on generator types, geographic area, hauler equipment, and end-use of materials collected. BUDGET: $10,000 Development of Collection Infrastructure: 1. Determine true costs of collection to facilitate future planning decisions. (begin pilot projects throughout region) BUDGET: $40,000 Utilization and enhancement of existing infrastructure for delivery and processing of organic wastes: 1. Build local infrastructure by working closely with facilities throughout the region to research potential and assist with the implementation of organics reload and processing. BUDGET: $600,000 Local Organics Market Development: 1. Re-establish 1 FTE in Waste Reduction to implement a permanent and meaningful market development program focusing on organics, commercial and C&D. (organics work represents one- quarter of the FTE) BUDGET: $0 (1 FTE to fill vacant position-budgeted separately) TOTAL TRACK 2: $650,000 FY 2000-01 TOTAL: $923,710 Year 12 Metro and Local Government Partnership Plan for Waste Reduction 26 Attachment II DRAFT FY 2001-02 Program Initiatives The following Organics Program initiatives are scheduled to commence within fiscal year 2001-02. Those tasks that span fiscal years have had their budgets adjusted accordingly to indicate each year's resource needs. TRACK 1 Waste Prevention: 1. Develop focused outreach and education on waste prevention coupled with on-site assistance. Begin second and final year of employment of 2.0 FTE temporary staff to distribute materials, provide on-site assistance, coordinate contacts with business groups, provide presentations, provide feedback to Regional Organics Team for future program changes. BUDGET: $70,000 (year 2) Donation: 1. Coordinate with charitable organizations to enhance donation infrastructure and build capacity for recovered food. Implement the final year of the matching grant program to provide funding to qualifying charitable organizations to increase their capacity to collect, receive, store and distribute perishable foods. BUDGET: $200,000 (year 2) Diversion: 1. Implement animal feed diversion program if research proves increased market capacity exists and can be utilized. BUDGET: $100,000 Outreach: 1. Update and reprint focused education and outreach materials. BUDGET: $4,000 TOTAL TRACK 1: $374,000 TRACK 2: Generator Programs: 1. Update and reprint focused education and outreach materials. BUDGET: $4,000 Utilization and enhancement of existing Infrastructure for delivery and processing of organic wastes: 2. Build local infrastructure by working closely with facilities throughout the region to research potential and assist with the implementation of organics reload and processing. w BUDGET: $500,000 (year 2) Local Organics Market Development: 1. Continue support of 1 FTE in Waste Reduction to implement a permanent and meaningful market development program focusing on organics, commercial and C&D. (organics work represents one-quarter of the FTE) BUDGET: $0 TOTAL TRACK 2: $504,000 FY 2001-02 TOTAL: $878,000 sAsham\wr&o\mchall\yar 12\yr 12 plan draft 2.doc - September 27, 2000 Year 12 Metro and Local Government Partnership Plan for Waste Reduction 26 Attachment 11 Draft Recommendations Construction and Demolition Task Force 11/03/99 Updated 10/04/00 Task Force Members: JoAnn Herrigel, City of Milwaukie Rick Winterhalter, Clackamas County Dick Schmidt, City of Portland Christa Morrow, City of Troutdale Scott Keller, City of Beaverton Wendy Fisher, Washington County Bryce Jacobson, Metro Overview According to the revised Regional Solid Waste Management Plan recovery rates, the region must recover 130,000 tons of Construction and Demolition debris in order to meet its established goals. This draft plan, cooperatively developed by the C&D Task force comprised of Metro and local government staff, is designed to address shortcomings of the current RSWMP recommended practices for the C&D sector and guide the region in the direction of increased recycling and recovery while adhering to the solid waste hierarchy of reduce, reuse, recycle, recover, compost, landfill. Statement of the Problem: Both the 1997 State of the Plan Report and the 1998 C&D generator study show that recycling and recovery of waste materials from the region's construction and demolition sites has not kept up with the amount of growth in the construction sector. The C&D sector is responsible for generating approximately a quarter of the region's waste. While up to 60% of this waste material could be recycled or reused, the fragmented structure of the industry and complicated nature of most job-sites has made it a challenge to divert materials into recovery programs. Background The RSWMP recommended practices for the C&D sector, as implemented, have not created the tonnage diversion that was originally expected. Among the recommended practices for the building industries, there are several that the task force identified as ineffective: Recommended practice 2. a, Local governments will assure the availability of on-site services for two or more materials and ensure that generators requesting hauling services for construction and demolition sites are offered these services. Haulers franchise agreements require them to comply with this recommended practice by offering recycling services but several factors have made it difficult for haulers to put forth an attractive recycling offer to their C&D customers. These include the difference in cost of service between disposal and recycling is usually very small and customers that choose to order just one box for all job-site waste will usually pay less for this service than if they had ordered two ore more boxes to facilitate source separated recycling Task force members believe that this recommended practice has had little effect on increasing tonnage recycled from C&D sites. Year 12 Metro and Local Government Partnership Plan for Waste Reduction 26 Attachment ll Recommended practice 1.b, Metro and Local governments to perform on-site audits at construction and demolition sites to promote waste prevention. Despite numerous attempts to interest builders in this service, only a hand full of these have been performed since 1995. The concept may have value if it was used as a component of another C&D program, but as a stand alone item builders have not shown much interest. Recommended Practice 1.a, "Earth-Wise" building program to train builders about salvage, waste reduction, recycling, and buying recycled along with other environmental building practices. Metro staff have found that organizations with a green building agenda are not willing to make waste issues a key concept in their promotions and education to the building industry. Recommended Practice 4. Develop regional dry waste processing facilities for waste from sites where separation and collection of recyclables is not possible. The current system of post collection recovery options does not appear to draw in as much C&D waste as we had hoped for. The task force found that much of Washington and Clackamas Counties are underserved in terms of processing capacity, recovery facilities have trouble competing with the rates at local dry waste land fills and actual recovery rates have been lower than expected (down to 4% at one facility). The 1998 C&D Generator Study found that the regions contractors as a group are not well informed about waste recycling issues and put little energy into making decisions about job-site waste. However, the study also found that they are open to assistance on recycling and waste issues if it comes in a format that they can use. Work Group Objectives In July 1999 the C&D Task Force had its first meeting to discuss the objectives that would guide the process of making our recommendations. The group agreed to the following objectives: ➢ Assess what is going on with C&D waste and recycling in the Metro region and around the country ➢ Identify areas where improvement is needed ➢ Develop and implement specific programs to address the problem areas Create incentives to keep unprocesed mixed loads of C&D material in the Metro region Draft Plan Recommendations: " This plan takes a three-track approach to increasing recycling and recovery in the C&D sector. 1. The first track emphasizes waste prevention through salvage and deconstruction. This practice has proven to be an effective way to prevent one of the largest sources of C&D waste, demolition waste, from entering the waste stream: 2. The second track focuses on ways to impact diversion through programs at material recovery facilities, dry waste landfills or transfer stations. The proposed incentives will ensure that either source separated recycling or effective post collection recovery is available to all sectors of the C&D industry. An important component of these efforts will be the education and promotion of the different source separated and post collection recovery service options available to C&D sites. 3. The third track implements a market development program that targets reuse and recycling of the materials prevalent in the C&D waste stream: wood (22%), drywall (17%), composition roofing (11 and fiberglass insulation (1 Current markets for these materials are either underdeveloped or nonexistent representing a major barrier to salvaging or recycling these materials. Year 12 Metro and Local Government Partnership Plan for Waste Reduction 26 Attachment 11 All of the following recommendations come with several caveats: ➢ They depend on initial research into the feasibility ➢ They each require different stakeholder involvement strategies. ➢ They are designed to either compliment each other or existing activities ➢ The budgets, tonnage impacts and schedules are speculative and should be seen as a starting point Implementation of the Ilan: Once the draft plan is approved by stakeholders and requested budget funding made available, the task force is prepared to begin implementing the plans' three tracks. Although not specifically called out in this document, the task force will need to amend the current RSWMP section on C&D waste to reflect the changes in the regions approach to managing C&D waste. Year 12 Metro and Local Government Partnership Plan for Waste Reduction 26 Attachment 11 TRACK 1: WASTE PREVENTION, SALVAGE AND REUSE (B. Jacobson.25 FTE) Develop focussed outreach and education programs on salvage and deconstruction practices for the regions contractors and perty owners. A. Waste Prevention outreach and education Staffing 1999-00 2000-01 2001-02 M+S M+S M+S Budget Budget Budget 1. Research and development: • Perform research on the messages, opportunities, possible partnerships, identify what the Contractor ; 0 $25,000 0 salvage community sees as needed and the best ways to promote/ educate on salvage. with • Evaluate commercial or residential focus. oversight • Evaluate need for a secondary focus on source-separated recycling by C&D • Utilize LGRC, REM Marketing Team and salvage community to evaluate data from research task force and identify best opportunities. • Create an implementation plan for education and promotion activities including timeline for project and identify methods of measuring effect. LGRC and Metro to approve. 2. Develop and Implement Program • Create an implementation plan for education and promotion activities including timeline for Contractor 0 $50,000 0 project and identify methods of measuring effect. LGRC and Metro to approve. with • Contractor to work with Local Governments to custom tailor the messages and tools of the oversight campaign to the specifics of each jurisdiction. by C&D • Begin implementing program mid-2000-01. task force 3. Evaluate and measure effect • Continue evaluating/measuring effect to determine benefit of continuing program. Contractor 0 0 $65,000 • Continue to use contractor to follow implementation plan, trouble shoot and fine-tune. with oversight by C&D task force SUB TOTAL TRACK 1-SECTION A 0 $0 $75,000 $65,000 B. Waste Prevention Grants 1. Oregon Remodelers Association (ORA), Annual Builders Yard Sale Metro $5,000 $5,000 $5,000 • Funding assists the ORA in promoting and managing the annual Builders Yard Sale. Through the sale of used building materials donated by ORA member contractors and suppliers, this event promotes the value and availability of used building materials to the public. " Note that this item has been part of the Metro C&D budget since FY 95-96 Year 12 Metro and Local Govemrent Partnership Plan for Waste Reduction 27 00 $5,°00 $7a,ooo ~5° 80A00 0 $5,000 K ,►.SECT►ON E C ~ achrnent II za • fat Waste Reduce°n i I.acat Government plan pactnersh P pow- 2000-01 20MS 1999-00 ffing IPS Budget Sta lyi+s gadget woo g.Jacobson .5 FTE Budget pgSSiNGID1BPOSA1- or effective post collect-11011 ent II Npp-if PR C crated recYcling &D Indust 0 Attschm ali sectors of the C ~25,Q00 TRACK C oensure that so ro td to before disposal 0 Develop a system is available or recove rocess Contractor ified C&p loads ae p ropriate lower and with versight P~. Require that Spec to determine app laced, o 10 ment d C&D waste harden of responsibility'dentfy be legal issues by C&D deve p ch and ation on C&D to" ds an . re the burden juiced. Identify Task Resear infom► effected, wheent efforts will be re( a Y In sections Force Co ile mp and out of state wa defined, whatenforcemcode violations processing cap ants and upper threshold wia bed P the limited P i m local govern how processing ntrol, interstate or address ated ed ing With low co identify method eff Ott will be coordin involv in tons'. athering g 0 0 potential effect This data eline other organizations region- riate. draft a Project tim C&[) Task of the oranizations as apC&pr0p for plan 0 FY 00-Q1 • 0 ce, In Force . , ant With direction from D tas ' Force' draft 0 a st rriov 2 Stakeholder it from the C elforward involvement &D task nvon 0 I contractor tan to find out if this concept can With directh~ lement this P methods of with imp most effective oversight begin limited pilots to evaluate the m by CO Q 3. Implementation royal, Task ~25 Pending Sta. ou pto all facilities Force 0 ,OOQ this program 0 FIE rolling CK2 SEC~ON A BUB:~f1TPS: ' 29 12 Waste Reduction mment Partne~shiQ plan for vaaf Metro and L0qt eve 111'JV 1Ll111L1 1 U11 U1 i Attachment 11 B. Ban the disposal of certain material(s) commonly found in C&D loads 1. Initial Research and Development Contractor • Identify, evaluate and report on disposal bans in other states. Compile this information and overswith ight by 0 $10,000 0 present report to local governments and Metro staff. C&D Task Force 2. Stakeholder involvement Contractor • Metro staff will coordinate a disposal ban work group made up of key stakeholders and local with 0 $10,000 0 government staff. Participants include ORRA, Tri-County haulers, AOR, ORMDC, Metro oversight by SWAC, facility operators and builder groups. If this group finds that this should be a statewide C&D Task effort, pull in AOR to assist with the legislative concept. If a regional effort is preferred, Force develop an RFP for a consultant to look at options for a regional disposal ban. If this work group finds that a ban should be brought forward for further consideration by SWAC and Metro Council, The group will draft a project timeline. 3. Further Research and Development o Local information on C&D loads and C&D waste hauling to determine appropriate lower and Contractor 0 $25,000 0 upper threshold and load types effected, where the burden of responsibility should be placed, with how bans could be enforced. Identify potential effects on material markets. Identify potential oversight by effect in tons. Identify potential methods of measuring the effect of the ban. Identify methods C&D Task for addressing the limited processing capacity in sections of the Metro region. Identify if this Force should be a regional or statewide effort. This data gathering effort will be coordinated with local governments and other organizations as appropriate. 4. Implementation 2 0 0 0 e Pending stakeholder approval, C&D Task Force will begin pilots. Create measurement methods, education materials and conduct facility staff trainings. Begin limited pilots to enforcement evaluate the most effective methods of rolling this program out to all facilities. Full /education implementation expected in FY 02-03 or 0-04. FTE at PA 1 level SUB TOTAL MZAPK 2-SECTION B 2 FTE 0 $45,000 0 Year 12 Metro and Local Government Partnership Plan for Waste Reduction 30 Attachment fl C. Educate generators on source-separated recycling and/or other methods to remain in Staffing FY 99- FY 00-01 FY 01-02 compliance with disposal bans or processing requirements. 00 M+S M+S M+S Budget Budget Budget 1. Initial Research and Development Contractor • Create messages that support source-separated recycling and promote service options that with will facilitate a high degree of recycling from targeted C&D sites. oversight by 0 $28,000 0 • Secure partners such as industry associations and retailers. C&D Task • Evaluate commercial or residential focus. Force • Test messages with building industry. Identify methods of measuring effect. • Create an implementation plan for education and promotion activities, create timeline for project. • Compile this information and present report to local governments and Metro staff. 2. Develop and Implement Program Contractor • Begin implementing program mid-2000-01. with 0 $50,000 $50,000 • Contractor to work with Local Governments to custom tailor the messages and tools of the oversight by campaign to the specifics of each jurisdiction. C&D Task • As disposal bans or processing requirements come on-line, modify messages to support Force these programs 3. Update, print and distribute Metro Construction Site Recycling Guide Metro staff $25,000 $25,000 $40,000 • Distribution will follow the education and outreach strategy developed in Track 1.A. and with Track 2.C. oversight by (Vote that this item has been part of the Metro C&D budget since FY 92-93 C&D Task Force SUBTOTAL RACE( 2-SECTION C 0 0 $103,000 590,000 D. Create Incentives through the Metro System Fee Credit Program for post collection Staffing 1999-00 2000-01 2001-02 recovery facilities to Increase their recovery of recyclables from C&D loads M+S M+S M+S Bud et Budget Bud et 3. Research and Development • Budget and Regulatory Affairs regulatory staff to identify and report on System Fee Credit REM 0 0 0 Program modifications that may offer a stronger incentive for MRF operators to recover Regulatory C&D materials. Consider implementing a preference or weighting for reuse and recycling Affairs staff over energy reclamation. • involve the C&D Task Force, MRF operators and SWAG in this research effort Year 12 Metro and Local Government Partnership Plan for Waste Reduction 31 low 0 0 REM 0 Attachment 11 Regulatory effect on tonnage Affairs staff 0 0 changes and monitoring e 0 0 $90,000 2. Implementation in implementing $25,000 $173,000 Create a timeline and beg 2 FTE RACK 2 -SECTION D B, acobson 0 FTa d ree clin of C&D materials. 2001-02 PMENT 1999-00 2000.01 M+S SUB. RLACK 2 TRACK 3; MARKET DEVELO th salva in Staffing M+S M+S a the develo ment of TOTA creased C&D d et Bud et osltlon to support the in Bud et Bu Develo a s sternof REIN mar and, loans to enc et development p ura 0 A. Metro to create a 0 0 recycling and recoverg► efforts Budgeted efforts. Involve local under 4. Research and development market other similar grant and loan funds, ancommittedevelopment markets first and development Research and recydin9 governments and C&D Task Force as steering position Research the program structure needed to develop reuse and or sectors to be targeted and arkets second. energy recovery on materials riate funds, set priorities Metro to a0proP With finance professionals on blic publicize fund s to I back on other private or p lementation plan that includes consulting Create! and identifying possible way P ggY 0 criteria for funding applications. Continue to evaluate the effect on tonnage- 0 0 programs. eted Start program and receive first Budgeted and fiberglass and other under market all, composition roofing development Conduct market research on wood, dryw osition 0 0 als 0 0 0 0 0 0 prevalent C&D mated A SUB TOTAL- RACK 3-SECTION TOT CK 3 AL 32 etro and Local Govemn►ent partnershlp Plan for Waste Redudon Year 12 M 2000-01 2001.02 Milo 1999.00 M+S Staffing M+S Bud et Bud et Bud et $ d et 0 $70,000 Attachment II $5,440 o $90,000 $25,000 $173,440 2 FTE 0 0 C o 0 T0-T~- K 1 TRA $253,000 $160,000 ,~ACK2 2. FIE $30,000 0 0 TQT~- CK 3 0 $30,000 TOTS- $160,000 Ctnv KS 1, 2 and 3) o $253,004 S>1~B TQTA- f 2. FIE ,qty gudgetad Funds L Cuata GRR~D -T AL New Funds N~;ded s:~\wrdw~~tT~ 12\yr 12 P~ dmft 2.dx 33 Year 12 Metm ent Parmecehip plan for W a.te Reduction and Local Govem►~ Attachment 11 Recommendations of Commercial Recovery Task Force November 8, 1999 Task Force Members Marcele Daeges, Washington County Anne McLaughlin, City of Portland Susan Ziolko, Clackamas County Genya Arnold, Metro Steve Apotheker, Metro Overview A Commercial Recovery Task Force comprised of local government and Metro representatives was charged with reviewing the Metro region's strategy for reaching its commercial waste reduction targets identified in the Regional Solid Waste Management Plan (RSWMP). The task force began meeting in July 1999, and produced draft recommendations on policy and program options (including resource needs) for a three- year timeline. Members of the task force were Susan Ziolko, Chair, Clackamas County; Marcele Daeges, Washington County; Anne McLaughlin, City of Portland; Genya Arnold, Metro and Steve Apotheker, Metro. Statement of the Problem Progress in commercial waste reduction is not keeping pace to meet the targets for waste prevention and recovery that have been set for this sector in the revised RSWMP. Because commercial waste makes the largest contribution to the Metro region's total waste, it is critical to achieve the waste prevention and recovery targets for businesses in order for the region to meet its recovery rate target for total waste of 52% in the Year 2000. The region's total recovery rate for 1998 was 43.3%, off at least four percentage points from where it should be if the region was on track to meet its goal. Background Commercial waste is the largest component of Metro's disposed waste, accounting for more than 50% of what is landfilled. Residential (including multi-family) and construction and demolition (C&D) wastes comprise the balance. The RSWMP sets out commercial waste reduction goals for the Year 2000 of 11,550 tons of waste prevention and 168,000 tons of source-separated business recyclables, primarily paper and containers. These goals represent the increase in waste reduction that is needed relative to 1995 baseline levels set out in the RSWMP. The RSWMP identifies implementation of several recommended practices to meet the waste prevention and recovery goals. 1. Waste evaluations or audits shall address waste prevention, recovery and buy recycled opportunities in targeted businesses that generate large quantities of paper and packaging. 2. Model waste prevention programs shall be developed for different types of businesses. Year 12 Metro and Local Government Partnership Plan for Waste Reduction 34 Attachment ll 3. Coordinated regional and local media waste prevention programs shall be developed. 4. Model buy recycled procurement outreach campaigns and policies shall be developed. 5. Market development efforts shall look at how recycled feedstock shall be substituted for virgin materials in manufacturing processes. 6. Provision of appropriate recycling collection containers to all small businesses. 7. Implement business recycling recognition programs. Metro has not identified a strategy to comprehensively measure the level of commercial waste prevention occurring in the region. Some data is available on diversion through certain programs, such as paint reuse and edible food recovery. And, this past summer an intern was hired to review existing efforts to quantify waste prevention and to determine the feasibility of applying these approaches at the local level to commercial waste generators. A final report is due in November 1999. Metro also has conducted focus groups with businesses on how to develop regional media campaigns on waste prevention. The results of these interviews indicated that regional media campaigns could be effective if they provide a strongly motivational message. However, businesses made little distinction between waste prevention and recycling activities. A media campaign should not try to distinguish between these two activities. Also, businesses need to receive site-specific information to solve immediate problems, rather than the general type of knowledge received through media campaigns. However, despite the lack of measurement of commercial waste prevention, the region has a program which focuses on commercial waste prevention. Local government recycling staff conduct site visits at businesses, during which businesses receive information about waste prevention actions and buy recycled opportunities, in .addition to potential improvements in their recycling collection system. In the area of commercial recovery, programs appear to be diverting only about half of the tonnage needed to reach the target for this sector. However, the available data and on-route collection practices make it difficult to isolate business recovery from efforts that occur at multi-family locations and construction sites. Also, different local policies and approaches to commercial waste recovery provide different conditions and reporting requirements for haulers and private recycling companies that provide commercial recycling collection services. For example, the City of Portland allows each business to arrange independently for services from its 60+ waste haulers and 30+ independent recycling collectors. However, the city requires businesses to file plans on how they will divert 50% of their waste and requires all waste haulers to offer collection of all recyclable paper and many other materials. Year 12 Metro and Local Government Partnership Plan for Waste Reduction 35 Attachment ll Outside of Portland, local jurisdictions have created commercial waste franchises. Local governments set commercial waste hauling rates for the franchised hauler, which include recyclables in the rate schedule. Despite difficulties in meeting commercial recovery targets, the commercial waste stream remains rich in marketable recyclables. About 25% of commercial waste is comprised of recyclable paper, including corrugated cardboard, high-grade paper and mixed paper. A Washington County survey indicated that 90% of all businesses generating corrugated cardboard had recycling collection. Nevertheless, regional waste composition data show that waste compactors, such as those often placed at multi-tenant office buildings, still average more than 10% corrugated cardboard, which is twice the average from other regional waste generators. Mixed office paper is highly recyclable, yet only 55% of businesses generating this material have put recycling collection programs in place. Furthermore, another 12% of disposed commercial waste is made up of metal, glass and plastic containers, plastic film and other scrap metal - all of which are easily recoverable. A Washington County survey of 599 businesses in August 1998 showed that the average number of recycled materials increased with the size of the business, as measured by number of employees. Similar results were found in studies done by the City of Portland in 1993, 1996 and 1999. Commercial recovery lags in small and medium-size businesses, due to a lack of storage space and lack of staffing resources to implement recycling programs. Also, larger businesses that have recovery programs may not be collecting the full range of recyclables that are generated. Task Force Objectives and Process The Commercial Recovery Task Force met for three months, starting in July 1999, and identified the following objectives: • Assess level of commercial waste prevention and recovery in the Metro region. • Identify politically acceptable programs and policies that would help the region effectively and efficiently meet its targets for the commercial sector. • Develop and implement specific programs and policies that were identified. In addition to discussion by Task Force members, interviews were conducted with more than two dozen haulers and business associations regarding potential actions that could be taken to increase recovery and prevention. Waste haulers were very comfortable in the role of providing recycling collection services when businesses requested those services and adequate financial compensation was available. However, haulers did not want to be in the position of advising their customers, the businesses, on when and how to set up waste prevention rorams. Also, hauler were reluctant to initiate provision of new or expanded recycling L,,cpollgection, however, they were very willing to respond to their customers' request for such services. Strong economic incentives were the clearest motivator to increase Year 12 Metro and Local Government Partnership Plan for Waste Reduction 36 Attachment recycling for this group. This may be the most difficult in Portland, where rates are set by negotiation between hauler and customer, and not all customers yet place recycling service as a high priority. Businesses were supportive of recycling; however, they did not want to spend a lot of time seeking out information on recycling, waste prevention and buy recycling actions. They wanted specific information on markets and materials handling solutions to be provided. This was especially true for smaller and medium size businesses that did not have the staffing levels to figure out how to implement recycling programs. Regulatory actions to increase recycling might be acceptable if convenient, cost-effective recycling collection services were provided. Finally, local government solid waste and recycling staff are definitely comfortable with the role of providing technical assistance. However, resources are limited for field staff to provide the initial and multiple follow up contacts needed to ensure that recycling collection programs are implemented at businesses. Also, local government solid waste staff( with the exception of Clackamas County), are not involved in the plan review process for ensuring that the design of new buildings includes adequate recycling collection space to meet regional recovery rates. Washington County has adopted a model ordinance for construction of commercial buildings, but there are no staff to implement it. The City of Portland has adopted an ordinance that applies only to multi-family units, but there is no oversight. The Task Force developed a list of 20 potential actions. Task Force members, according to the following criteria, discussed each action: • Political acceptance • Program cost • Potential new tonnage diverted • Ability to institutionalize • Ability to monitor and evaluate • Problems addressed by the recommended action • New ptoblems created by the recommended action Each action was then ranked on a five-point scale, with 1=Low and 5=High. Troutdale, Gresham, Portland, Clackamas County, Washington County and Metro submitted rankings, along with final comments. Of the 20 actions identified by the Task Force, seven actions received a ranking greater than three. These seven actions comprise the draft recommendations being offered by this Task Force. Year 12 Metro and Local Government Partnership Plan for Waste Reduction 37 Attachment 11 Draft Recommendations Seven actions are recommended for implementation or further review, where needed. 1. Increase market development efforts, both regionally through Metro and statewide through the Oregon Market Development Council. Develop markets for new materials and local markets for recycled feedstock that might offer higher prices (Ranking 4.7). 2. Implement disposal bans for selected materials. This proposed policy needs greater review by a larger stakeholder group that includes haulers, private recycling collectors, processors, disposal facilities, businesses and the public. In particular, issues such as enforcement, market price impact and flow control need to be reviewed (Ranking 4.3). 3. Expand local governments' technical assistance to businesses on waste prevention, buy recycled and recycling. The current technical assistance program of waste evaluations needs to be assessed for its effectiveness in increasing recovery tonnage. Future technical assistance programs need to be designed to allow for easy program evaluation. Staffing needs to be increased to provide greater contacts and follow ups at each business and to expand the types and number of targeted businesses (Ranking 4.2). 4. Implement design review ordinances for recycling collection areas in new commercial and multi-family buildings. Several local governments have adopted an ordinance, but do not have dedicated staffing or technical resources to monitor submitted plans and compliance. Adoption of an ordinance, technical support and adequate staffing are all needed to ensure that the new construction in the region will have adequate recycling space to enable full participation in reaching the region's recycling goals (Ranking 4.2). 5. Promote commingling. Commingling can result in fewer recycling containers, accepting more materials in less space, with less-complicated sorting instruction:;. The development of commingled collection and processing capacity in the region is seen as an important shift in how recycling service is provided. Awareness of this new service level would be especially important to businesses facing spade and resource limitations in implementing new or expanded recycling collection. One element of a regional media outreach program might talk about the availability of this service. It is important to link any promotion of commingling with a prior inventory of commingled processing capacity in the region to adequate geographic distribution and access by all haulers as noted in recommendation seven below (Ranking 4.2). (see note on following (sage regarding recent amendments to, his recommendation) 6. Target outreach to promote waste prevention. Specific outreE ch campaigns and technical assistance should target activities (double-sided copying) and packaging (reusable transport. packaging) that increase waste prevention. Campaigns that target a specific activity or material in a homogeneous population (e.g., offices for double-sided copying) offer the greatest opportunity to have their results tracked (Ranking 4.2). 7. Ensure the region has adequate commingled processing capacity for commercial recycling with equitable access by the region's collectors and that these facilities are capable of meeting high standards for recovered materials (Ranking 3.3). Year 12 Metro and Local Government Partnership Plan for Waste Reduction 38 Now- ION AND RECOVERY - 't 119199 E PR EVENT 1999-2000 2000-2001 2001-2002 Attachment CON1NlERC1A(- WAST M+S 1! TION~ ON Staffing M+S ENDA DRAFT RECOMM M+S Budget Budget Budget for implementation and measurement. activities ecific $4,000 ELATION Target sp Intern and nK 1 WASTE pREV projects- Contractor A Targeted waste prevention wloversight revention measurement. by merclal waste p Commercial 1. Review corn Task Force $1o,000 50,000 $15,000 $50,000 $50,000 $65,000 ste prevention activities. $14,000 565,000 Evaluate selected wa pre ention Pr°lect. Q $14 $ 3. ImP 50,000 2, lenient first vva 0 ,000 eat 4, Evaluate first pto} Prevention PCOlect. 5. Implement second waste ,ubtatal (c,,on A) T9Track 1 prevention actions. is in place. NO Track 282 also includes waste P ,000 $15,000 ercial recovery Contract $225 a tem to ensure effective comet $15 0,000 0 $15,000 y pevelop Sys TRRCit 2 RECOVER m sign $24,000 mo4e commingling. + a regional outreach ca P $25,000 i . Indude as part of, but not the focus of, $25,000 $3001000 . evaluation Contract $300,000 2 Outreach campa9n Subtcatal (Sect10n A) buy recycied $75,000 $50,000 l assistance' revention, $375,000 g, epand technic; ntractors of staff includes waste p $25,000 $375,000 1. Evaluate local waste audit pragras ~E through Co 2 Lail government waste audits, information I and recovery nd supP°~ materia for recycling 04 The focus of the outreach will not be 3 peveiop Web sitea cling, buy recycled. and woacas`e to i inc ea a their re ass stance (Provided by 1(SecbonB) of the Commercial WorkPlan ~portion businesses tide t0' his for free technical h to encourage 39 to sign up td®te: Amendments broader appl'oac call Metro were m specifically to commingling, rather it will take a be asked sP ration efforts. Eus7inesses will prevention Fian for waste Reduction Year 12 Metro and Local Government padnership Attachment 11 C. Implement disposal bans for selected materials. 1. Stakeholder review to identify material and implementation issues. $5,000 $10,000 2. Study to review market and implementation issues of bans. $5,000 $25,000 3. Determine administrative rules. 4. Hire enforcement staff. 1 5. Outreach to publicize new policy. 6. Implement buy recycled program to increase market demand for banned material Subtotal (Section C) 1 $10,000 $35,000 0 D. Design review ordinances for recycling areas in new buildings. 1. Technical assistance during review process by local governments $10,000 $15,000 2. Adoption of design ordinances and implementation rules by local governments. $5,000 3. Funding for local government staff to implement. $75,000 Subtotal (Section D) $0 $90,000 $15,000 E. Ensure commingled processing capacity and standards. 1. Develop inventory of different commercial commingled sorts and processing facility capacity. Contract $10,000 $5,000 2. Stakeholder review.of commingled processing standards. $5,000 $5,000 3. Implement recommendations for monitoring facility performance. $25,000 Subtotal (Section E) $10,000 $10,000 $30,000 Total Track 2 1 $285,000 $510,000 $435,000 TRACK 3 MARKET DEVELOPMENT Ensure adequate market capacity is available. A. Increase market development efforts. 1. Review market capacity for mixed paper, color-mixed and green glass, film plastic, rigid plastic containers. $25,000 $25,000 2. Look at market initiatives that would create higher value regional markets $25,000 $25,000 3. Staffing for commercial material market development, buy recycled and technical assistance 0.5 $27,500 Subtotal (Section A) 0.5 $50,000 $50,000 Total Track 3 0.5 $50,000 $50,000 SUMMARY Materials & Services Staffing 1999-2000 2000-2001 2001-2002 M+S M+S M+S Budget Budget Budget TOTAL TRACK 1 0 $14,000 $50,000 $65,000 TOTAL TRACK 2 1 $285,000 $510,000 $435,000 TOTAL TRACK 3 0.5 $0 $50,000 $50,000 SUB -TOTAL (TRACKS 1,2 and 3) 1.5 $299,000 $610,000 $540,000 LESS Currently Budgeted Funds 0 $279,000 $0 $0 TOTAL Never Funds Needed For Materials & Services 1.5 $20,000 $610,000 $550,000 Year 12 Metro and Local Government Partnership Plan for Waste Reduction 40 PLEASE NOT : All dollar amounts in Attachment II and its applicable appendices reflect only Metro budget figures for Metro specific programs. i AGENDA ITEM # '41 FOR AGENDA OF March 12.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolution to Approve Year Twelve of the Washington County Wasteshed Waste Reduction Plan and to Adopt an Intergovernmental Agreement with Washington County CITY MGR OK PREPARED BY: Tom Imdieke DEPT HEAD OK -~9+ -6P W ISSUE BEFORE THE COUNCIL Should the City participate with Washington County by signing an IGA to meet Metro waste reduction work plan requirements for Year 12? STAFF RECOMMENDATION Approve IGA with Washington County to work together to meet Metro Year 12 Waste Reduction Work Plan requirements. INFORMATION SUMMARY Metro has established a Regional Solid Waste Management Plan (RSWMP) which includes a requirement that the cities and County in Washington County prepare annual waste reduction work plans. The cities and County in Washington County determined in 1990 that it would be more cost-effective to participate together and adopt an annual work program for the Washington County Wasteshed. Tigard has been a member of the Wasteshed since that time. On 7/1/97, the City of Beaverton withdrew from the Wasteshed, however, all other cities within the County continue to work together. This year the plan continues to bring together three integral pieces of the region's waste reduction and recycling system: new and focused efforts to recover more from the commercial, construction/demolition debris, and organics sectors; continuation of competitive grants for innovative waste reduction programs; and the maintenance of programs that form the foundation of the region's recycling infrastructure. The term of this agreement would be for one year but now this twelfth year agreement establishes automatic renewal of the program if funding from Metro continues to be available. Any party, however, could terminate participation in the program by giving 30 days notice. OTHER ALTERNATIVES CONSIDERED Withdraw fron, the Countywide program and adopt a plan for the City of Tigard pursuant to the requirements in ORS Ch-pters 268 and 459. This plan would also have to be in compliance with Metro's RSWMP. VISION TASK FORCE GOAL AND ACTION COMMITTEE S Does not apply ATTACHMENT LIST • Resolution which records Council's action to approve the IGA and participate in the Year 12 Work Program; • IGA with Washington County with two attachments. FISCAL NOTES Tigard's portion of the funding for the FY 2001-02 work plan is provided by a Metro grant for $17,858. This is paid to Washington County to administer the program AGENDA ITEM # FOR AGENDA OF March 12.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Approve Engineering Services Contract for 1215 Avenue and Walnut Street Im rovements PREPARED BY: Vannie en DEPT HEAD OK : A.P. Duenas CITY MGR OK: Bill kolntan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve two contract awards for engineering design services for 1215 Avenue and Walnut Street Improvements? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract awards to Westlake Consultants in the amount of $215,220.00 for engineering design services for 1215` Avenue Improvements and to CESNW Consultants in the amount of $164,660.00 for engineering design services for Walnut Street Improvements. INFORMATION SLTNIlVIARY The existing 121st Avenue (between Gaarde Street & Tippitt Place) and Walnut Street (between 116th & Tiedeman Avenue) are incapable of adequately serving the existing traffic and future transportation needs. Currently, 1215 Avenue and Walnut Street are narrow two-lane roadways with no sidewalks, curbs or adequate shoulders for pedestrians or bicyclists. Motorists experience difficult traffic movements because the street alignments do not meet sight distance requirements. Improvements to widen 121st Avenue and Walnut Street to the ultimate width of a Major Collector would provide improved alternate routes to the already highly congested Highway 99W, Scholls Ferry Road and Gaarde Street. The streets are proposed to be improved to the standard width of 44 feet curb to curb with curbs, sidewalks and bike lanes on both sides. In January 2002, the Engineering Department conducted an RFP (Request for Proposals) process to select consultants to perform design services for 1215` Avenue and Walnut Street Improvements. Out of 21 consulting firms submitting proposals for the 1215 Avenue project and 22 for the Walnut Street project, 6 consultants were shortlisted for interviews. Consulting firms that were selected for interviews are: 121" Avenue project: Westlake Consultants, Century West Engineering, and Kurahashi & Associates. .Y Walnut Street project: Harper Houf Righellis, CESNW and OTAK Engineering. After consultant interviews and review of proposals, Westlake and CESNW Consultants were selected as the best candidates with capabilities, qualifications, and resources sufficient to perform the required services. Following approval by the Local Contract Review Board, staff plans to finish the design by December 2002. Construction for the two projects will be scheduled at a later date. Funding could be through T1F funds or through a future bond issue. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This project meets the Tigard Beyond Tomorrow Transportation and Traffic Goals of "Improve Traffic Safety" and "Improve Traffic Flow". ATTACHMENT LIST Project location maps FISCAL NOTES These two projects are funded in the FY 2001-02 Capital Improvement Program using Traffic Impact Fee funding in the amount of $250,000 for the design and right-of-way acquisition for the projects. The projects are also proposed to be funded in the amount of $800,000 in the FY 2002-03 TIF fund. 11dtywidelsum%apenda summary for 121st ave and walnut street rfp.doc EMS v v z ~Ob'1 S/n 3SOH r r y nq any ado ~o MARION ST IS" V ti V ti JAMES RD FONNER ALBERTA ST a LANDS DOWNS LN CARMEN S TREE T TIPPI TT PL W L Q a PROJECT LOCATION z ~o N CJ ti. WALNUT ST BAMBI LA j x N ERROL ST ERROL ST. Q w Z Q ,.1 CL Q CARMEN STREET ` P ~ FONNER STREET AGENDA ITEM No. 5 Date: March 12, 2002 PUBLIC HEARING TESTIMONY SIGNmUP SHEET Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE TLL. MORE FLEXIBILITY PERTAINING TO PARKING REQUIREMENTS RELIGIOUS INSTITUTIONS ! T (ZOA2001-00003) Due to Time Constraints City Council May Impose A Time Limit on Testimony 1;1ADMIGREERICCSIGNUPIPH TESTMW UPDATED 6-13.DOC AGENDA ITEM No. 5 PLEASE PRINT Pro onent - S eakin In Favor Opponent - (Speaking Against) Neutral Name, Address && Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. <el~7 F rt 13-7 -7 T S,J Z7f4 ~PCV~r~K D ? F~ Sv3 4!~ Yl- Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF March 12, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Religious Institute & Joint Parkin Zone Ordinance Amendment ZOA2001-00003 PREPARED BY: Brad Kilby DEPT HEAD OK IXA66TY MGR OK ISSUE BEFORE THE COUNCIL Should the Council approve a requested Zone Ordinance Amendment to amend the joint parking and religious institution parking requirements? STAFF RECOMMENDATION Staff recommends approving the requested Zone Ordinance Amendment as amended by motion by the City of Tigard Planning Commission. INFORMATION SUMMARY The Tualatin Valley Christian Ministries initiated a request to City staff and the City Council. As a result, the Community Development Director appointed staff to work with a committee of citizens to review the concerns and recommend solutions. The Committee met once and suggested a few alternatives that have been incorporated into the proposal currently before the City Council. The Planning Commission held a public hearing on the request on February 4, 2002. At that meeting, the Commission voted 6 to 1 in favor of the amendment with one abstention. Since this amendment is legislative in nature and does not further restrict property, the City Attorney has indicated that individual property owner notice was not required. Notice procedures in the development code including publication of notice in the paper, and written notice to the appropriate agencies were met. The proposal makes the following recommendations: o Changing the parking requirement for Religious Institutions from one space for every two seats, to one space for every 3-4 seats in the main sanctuary. (Table 18.765.2) ® Allowing joint parking to occur up to 500 feet from the property line for all uses as opposed to the current standard of 200 feet from the building for residential and 300 feet from the building for commercial and industrial uses. [Section 18.765.030(B)] o Allowing some on-street parking to occur where streets are designed and improved to accommodate such parking. Essentially, the amendment allows religious institutions to provide 1 space for every four seats in the main sanctuary on-site if they can show, through a parking plan, that they can meet the 1 space for every three seats in the main sanctuary utilizing a variety of options including adjustments, on-street parking, and joint parking. Attached as "Attachment 1" is the ordinance adopting the proposal. The Planning Commission recommendation and meeting minutes are attached as "Attachment 2". OTHER ALTERNATIVES CONSIDERED Deny the request or approve it with revisions. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY 1. "Community Character and Quality of Life"- Develop strategies to balance needs of new and infill development with need to provide preservation and protection of open space, natural areas, and other defined aesthetic qualities valued by those who already live and work in Tigard. 2. "Transportation and Traffic"- Improve traffic safety by reducing actual speeds on neighborhood streets. ATTACHMENT LIST Attachment 1: Ordinance adopting the code amendments Exhibit A-1: "Revised" Proposed language Changes Attachment 2: 2/4/02 "Draft" Planning Commission Meeting Minutes. Attachment 3: Staff Report to the Planning Commission (including Exhibits A & B) Attachment 4: Staff follow-up memo regarding Washington County parking standards FISCAL NOTES N/A Attachment 2 DRAFT CITY OF TIGARD PLANNING COMMISSION Meeting Minutes February 4, 2002 1. CALL TO ORDER President Padgett called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Anderson, Bienerth, Buehner, Mores, Munro, Sutton, Webb, and Wolch (alternate) Commissioners Absent: Commissioner Scolar Staff Present: Dick Bewersdorff, Planning Manager; Brad Kilby, Associate Planner; Morgan Tracy, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. COMMUNICATIONS The joint meeting with City Council on February 19th, will begin at 6:30 p.m. instead of 7:00 p.m. Suggested topics for the meeting have been forwarded to the Council. 4. PUBLIC HEARING 4.1 ZONE ORDINANCE AMENDMENT (ZOA) 2001-00003 RELIGIOUS INSTITUTE PARKING CODE AMENDMENT REQUEST: A request to review and amend the Religious Institution parking requirements within the Tigard Community Development Code to allow for more flexibility. The request revolves around the required seating that is currently imposed on the development of Religious Institutions within the City of Tigard. The current proposal involves three components: 1) Changing the requirement from one space for every two seats in the main sanctuary to one space for every three to four seats; 2) Allowing shared parking to occur up to 500 feet from the property line for all uses; and 3) Allowing some on-street parking to occur where streets are designed and physically improved to accommodate such parking. PLANNING COMMISSION MEETING MINUTES - February 4, 2002 - Page I DRAFT LOCATION: Citywide. ZONE: N/A APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2 and 2.1.3; and Community Development Code Chapters 18.380, 18.390 and 18.765. STAFF REPORT Brad Kilby presented the staff report on behalf of the City. This amendment results from a request by the Tualatin Valley Christian Ministries, which advised that the City's parking standards do not conform with the standards of other jurisdictions and requested that the standards be reviewed to accommodate the planned expansion of many religious institutions. Staff was directed to form a committee in conjunction with Tualatin Valley Christian Ministries in order to look into alternatives to the current parking standards. A survey was conducted and it was found that Tigard imposes the strictest parking standards compared with surrounding jurisdictions. One of staffs concerns is not having justification for raising the standards. No other jurisdiction provided its justification for allowing a 1:3-4 ratio of parking spaces per seats. Staff researched the issue through various resources and drafted the proposed amendments to allow a minimum of one parking space for every three seats in the main sanctuary, or one space for every four seats using the adjustments for adjacent on-street parking or a shared parking agreement as set forth in the staff report. Upon inquiry by the Commissioners, staff advised that they are not aware of the Washington County ratio, but believe it is 1-to-2. The average family size in Tigard is 2.48. The memo from Mr. Ford, attached as Exhibit A, provides data on the ratio of vehicles and people in attendance at Westgate Baptist Church. This data varies among the various religious institutions in Tigard, and the average is approximately 2.5. President Padgett noted that religious institutions are in an overlay Institutional Zone, which is conditionally allowed in all zones. He asked how the parking requirements are calculated for non-religious community institutions such as a community center. Mr. Padgett pointed out that if the use of the religious facility is expanding, then perhaps having a separate religious institution parking requirement is no longer relevant. Staff advised that the calculation is determined by the type of institution/use and most types are specifically addressed in the code. If a certain type of institution is not specifically addressed, it is referred to the director for determination. For example, the requirement for a cultural institution is a minimum of 2.5 spaces per 1,000 square feet. The requirements are based on square footage and type of use. Mr. Kilby stated that an exhaustive study in Redmond, Washington had been made on this issue and it was determined that the accessory uses did not conflict with the use of the main sanctuary and therefore it was not deemed necessary to address those uses as separate uses. Commissioner Munro asked about ability of the City to determine whether or not the religious institution is meeting the requirements, and President Padgett asked what the remedy would be if a surrounding community disputed that the institution was meeting the requirements. PLANNING COMMISSION MEETING MINUTES - February 4, 2002 - Page 2 DRAFT Mr. Kilby responded that the determination of whether parking requirements are being met is not complaint-driven by the surrounding community. When an institution is developed or application is made for expansion, a parking study is performed as part of the application process and the requirements are determined at that time. The applicant must follow specific criteria and prove that the requirements are met. Commissioner Buehner commented that expanded uses, such as evening services, may have a different impact on parking than would the usual weekend morning services. She asked if this issue had been looked at. Staff responded that a separate analysis on such an impact had not been performed because traffic and parking requirements are determined by analyzing peak demand, not particular days or times of use. PUBLIC TESTIMONY - IN FAVOR Kelly Ford, 13975 SW 27th St., Beaverton, OR 97008, stated that he represents Westgate Baptist Church and the Tualatin Valley Christian Ministries. Mr. Ford submitted written testimony in favor of the application, attached to these minutes as Exhibit A. Mr. Ford pointed out that the survey attached to his written testimony uses data collected at the church's 11:00 a.m. Sunday service because this is the most intensive use of the church and other accessory uses generate less attendance and parking needs. He also stated that he does not believe information contained in the staff report about the establishment of minimum requirements by Metro is correct. He said that Metro does not set forth any minimum parking requirements; Metro standards provide a maximum amount of parking that the City may require and a maximum amount of parking that the City may permit. The maximum amount of parking under Metro standards that the City may require is 2-to-1, and the maximum amount it may permit is 1.7-to-1, and the 1998 amendments to the code adopted both of those maximums. It is the applicant's position that the proposed ratio of one space for every three/four seats is reasonable and in line with the ratios allowed for other uses. Father Leslie Sieg, St. Anthony's Parish, 13665 SW Fern St., Tigard, OR 97223, also testified as to the reasonableness and desirability of the proposed parking amendments. He said he does not believe it was the City's intent to impose more restrictive require- ments on religious institutions at the time the code was amended in 1998. The Commission should also be made aware that while parking requirements are based on 100% of the institution's capacity, actual attendance/use rarely exceeds 80%. In other words, peak usage is actually less than the peak capacity on which the requirements are based. He also reiterated that peak usage is only obtained at weekend morning services and all other uses require less parking. PUBLIC TESTIMONY - IN OPPOSITION None PLANNING COMMISSION MEETING MINUTES - February 4, 2002 - Page 3 DRAFT PUBLIC HEARING CLOSED The Commissioners agreed that the language set forth on page two of Mr. Ford's letter (Exhibit A) captures the intent of this proposal. Upon inquiry by President Padgett, staff explained the reasoning for the change from 1-to-3.3 to 1-to-3 was due to consideration of what is appropriate for Tigard and the local situation. Commissioner Munro stated that she is in support of the amendment. She is not in favor of large areas of asphalt parking lots based on peak demand but are largely unused. As far as implementing this parking plan, Commissioner Munro would like to see applicants use creative strategies and look at all aspects of their parking needs, such as carpooling, encouraging public transportation, partnering with park & ride, shuttles, etc., as well as being self-policing, in order to minimize impact on the surrounding neighborhood. Commissioner Mores and Commissioner Sutton expressed support of the recommendation. Commissioner Bienerth said that while she does feel that the current parking requirement is somewhat strict, she does have some concerns about allowing on-street parking for a religious facility. There should be uniformity in the parking code and they should not set a precedent where other uses will use this amendment as a basis for seeking exceptions to the parking code. She supports the amendment in part, but would like to limit the ratio to 1-to-3 ratio without adjustment. President Padgett pointed out that shared parking with adjacent properties is also an adjustment and that on-street parking can be viewed as shared parking. Commissioner Bienerth said she is in favor of shared parking, her objection is only with on-street parking when it impacts surrounding neighbors. She would like staff to consider this issue. Commissioner Anderson commented that on-street parking is only allowed on streets designed to accommodate on-street parking and are approved for that standard. While on-street parking can impede traffic flow, it also serves to slow traffic. Commissioner Sutton noted that on-street parking is required to be adjacent to the facility and is not allowed on local residential classified streets. In addition, a street must be upgraded for on-street parking to be allowed. A brief discussion was held regarding street classifications and what streets are eligible for on-street parking. The intent is to preclude on-street parking on local residential streets, but parking is permitted on local collector and commercial streets. Commissioner Buehner stated she supports the 1-to-3 ratio, but noted that many churches have a larger senior population that commonly only have one person in the car. Her main concern is about on-street parking and its impact on the community. PLANNING COMMISSION MEETING MINUTES - February 4, 2002 - Page 4 --JI DRAFT Commissioner Webb has no objections to the amendment, but also is concerned about on-street parking. Commissioner Sutton asked what the requirements are to ensure that a street is suitable for allowing on-street parking. Staff responded that an applicant seeking to count on-street parking must present a plan showing that the street meets the requirements for and can accommodate on- street parking. On-street parking is limited to those streets that are not local neighborhood streets. If there is an impact, it can be addressed through the conditional use process. Commissioner Buehner asked if the City has the ability to force a religious institution to address their parking needs if the use expands over time. Staff responded that the City can only require that the facility provide the required number of spaces based on the number of seats in the main sanctuary. President Padgett stated that he is in support of the amendment. He does not feel that what other jurisdictions require should be a consideration here. He supports increasing the ratio to 1-to-4. This amendment does not encourage people to park on neighborhood streets. When an applicant presents a parking plan that counts on-street parking, that applicant will be required to improve the street to meet the standards for accommodating on-street parking. He feels that the concerns expressed above have been addressed. Following discussion, Commissioner Munro moved, based on the findings in the staff report and testimony heard tonight, to recommend to City Council to adopt the proposed amendment, including the amendment to Footnote 6 as follows: "Religious institutions may provide one space for every four seats on site in the main assembly area provided that they supply the City with a parking plan that demonstrates that the peak parking demand of one space for every three seats is met utilizing any combination of the alternatives mentioned in this chapter. Adjustments to the minimum parking of one space for every three seats may be granted per applicable provisions of the Code, but shall not decrease the amount of required on- site parking to less than one space for every four seats unless the cumulative value of all adjustments granted results in an adjusted requirement of less than one space per four seats." Commissioner Mores seconded the motion. A voice vote was taken and the motion passed 6-1: Commissioner Buehner voted no and Commissioner Bienerth abstained. PLANNING COMMISSION MEETING MINUTES - February 4, 2002 - Page 5 DRAFT 5. OTHER BUSINESS Morgan Tracy submitted a memorandum regarding planned development ordinance language revisions, attached as Exhibit B to these minutes. He briefly discussed the details set forth in the memorandum. The ordinance revisions address the Commission's concerns related to density bonuses granted for providing open space that is otherwise undevelopable and for trees protected in areas where development would not otherwise be allowed to occur. The Commissioners agreed that the proposed language set forth in the memorandum (Exhibit B) is acceptable. These amendments affect properties Citywide and therefore, under the requirements of Ballot Measure 56 which is now State law, notice must be provided to all property owners at a cost to the City of over $6,000 to mail 16,000 notices. Because of this, the Commission should consider the advisability of delaying these amendments until such time as they can be bundled with other Citywide amendments requiring the mailing of a notice, in order to avoid this separate mailing cost to the City. Another issue to be considered is an amendment to the development code that these changes will not apply to those areas within the Urban Growth Boundary outside the City limits. The City will therefore be dealing with two separate standards until and if Washington County changes its code to apply to that area. Further discussion was held regarding the City of Tigard and Washington County's adoption of these amendments. From a budgetary standpoint, staff recommends that these amendments be bundled with other amendments that require the mailing of notice. Following further discussion, staff was requested to research the issue and provide a recommendation at the next Planning Commission meeting. Planning Commission Secretary advised that the next Planning Commission meeting is scheduled for March 18, beginning at 7:00 p.m. 6. ADJOURNMENT The meeting adjourned at 8:53 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Mark Padgett PLANNING COMMISSION MEETING MINUTES - February 4, 2002 - Page 6 01/28/2002 15:03 5036418757 PORDGREY PAGE 02 KELLY E. FORD, P.C. ATTORNEY AT LAW 14335 Sonthwat Allen Blvd.. Suite 1 tM Bcoverton.Omgon 77005-4404 Fae<Imlle 063) 641.87.17 7eleoone (563) 641-3644 Emu Afar-d.law@gte.net January 23, 2002 To: Tigard Planning Commission From: Kelly Ford Re: Item 4.1 Zone Ordinance Amendment 2001-00003 Religious Institute Parking Code Amendment. bear Members of the Planning Commission: I am a member of the Citizen Task Force that developed the proposed amendments that are the subject matter of this item. I am also a member of and general couru;cl to Westgate Baptist Church at 12930 SW Scholls Ferry Road, Tigard, which currently has a conditional use application pending in connection with its development of a new multi-purpose building that will seat 600 for church services. This testimony is offered on behalf of Westgate Baptist Church in favor of the proposed amendment. Westgate agrees with the proposed new ordinance with a single exception. The proposed terminology of footnote six of Table 1$.765.2 purports to require parking of not less than one space per three scats in the main assembly area, including ""any combination of the alternatives and adjustments mentioned in this chapter." The "alternatives" referred to are such things as joint parking agreements. "Adjustments" are provided in the code for such things as development of mass transit improvements on site, and in situations where the applicant proves its vehicle demand is less than the applicable minimum parking standard would require be accommodated. Grant of an adjustment can reduce the minimum required parking below the table minimum. No separate parking standard is stated in footnote 6 for religious institutions whose applications do not involve adjustments, and that is not the intent of this proposal. Thus, the proposed terminology is unclear at best, and quite possibly, would not permit adjustmencs to affect the required minimiun ratio. That is contrary to the express terms of the adjustment prolvzsions of the codes, which are created for the precise purpose of permitting decreases to the amount of required parking, where applicable. I also believe it is not the intention of any of the Task Force members to create such an inflexible provision. Religious institutions should have the same opportunity-to apply for and receive adjustments to required parking as other uses. Therefore, I ask the Commission to adopt the following language in footnote 6 instead of the language in the staff report: 01/28/2002 15:03 5036418757 F10Rr PAGE 03 January 28, 2002 Page 2 Poomote 6: "Religious institutions may provide 1 space for every four seats on site in the main assembly area provided that they supply the City with a parking plan that demonstrates that the peak parking demand of 1 space for every 3 seats is met utilizing any combination of the alternatives mentioned in this chapter. Adjustments to the minimurn parking of 1 space for every 3 Kats may be granted per applicable provisions of the Code, but shall not decrease the amount of required on-site parking to less than 1 space for every four scats unless the cumulative value of all adjtLstments granted results in an adjusted requirement of less than one space per four seats." For the Commission's information, in light of the existing standard of one space for every two scats and Westgate Baptist Church's need to receive an adjustment to that ratio under existing adjustment procedures, Westgate has conducted a survey of its attendance and vehicle count for its 11:00 a.m. service that shows our average vehicle occupancy has been one vehicle for each 3.05 persons in attendance. A copy of that report is attached. I have no reason to believe our ratio is significantly different than other churches. Our average count per car is higher than the average family size cited in the stafrmaterials. Reasons for this include carpooling, which is especially common among seniors, use of TriMet, which stops by the church, some pedestrian traffic, and disproportionately higher church attendance among families with children as opposed to single adults. The existing ratio of one space per two seats in the main assembly area has the effect of blocking any further development of substantial sized churches within the City of Tigard. Design standards require approximately one acre of land for each 100 parking spaces which, under the existing code, means one acre of parking for each 200 attendees. To develop an assembly area for 600 attendees such as the Westgate proposal, tuider the current standard approximately three acres must be devoted to parking. Adding the building itself with an appropriate ntunber of classrooms means that it takes a four acre site to build a medium size church, without any consideration of other uses such as outdoor athletic facilities. There are very few sites remaining within the city that will accommodate that size church, and almost none that will accommodate a larger church. The amendment provided by this proposal before you is desperately needed. ! Thank you. 01/28/2002 15:'03 5036410757 FORDGREY PAGE 04 WEStTGATE BAP71ST CHURCH 12930 SW Scholls Farry Read, Tigard, OR 97223 11:00 am Service Date Attendance Vehicles Ratio 1211712000 237 80 2.96 24-Dec 199 70 2.84 31-Dec 192 71 2.70 01/07/2001 232 79 2.94 14-Jan 210 78 2.69 25-Feb 204 so 2.55 04-Mar 204 67 3.04 11-Mar 237 81 2.93 18-Mar 265 72 3.68 25-Mar 211 69 3.06 01-Apr 221 72 3.07 08-Apr 223 79 2.82 22 Apr 229 78 2.94 29-Apr 221 69 3.20 06-May 189 69 2.74 13-May 222 78 2.85 20-May 191 78 2.45 17-Jun 188 52 3.62 24-Jun 230 67 3.43 01-Jul 215 70 3.07 08-Jul 233 65 3.58 15-Jul 211 61 3.46 22-Jul 211 63 3.35 19-Aug 223 65 3.43 02-Sep 238 69 3.45 30-Sep 269 77 3.36 07-Oct 229 83 2.76 14-Oct 235 77 3.05 21-Oct 214 70 3.06 Total 6373 2089 3.05 The church does not have vehicle counts for dates missing from this analysis. Attachment 3 Agenda Item: ~Y• I - Hearing Date: February 4. 2002 Time: 7:30 PM 1AFFREPORI TO TIDE. PLANNING COMMISSION CITY OFTIGARD Community 0 e elopment FORTREICIT'YOFTIGARDAREGON sfwp~ng cr~rco n<n~ty SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO THE SHARED PARKING AND RELIGIOUS INSTITUTION PARKING REQUIREMENTS CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2001-00003 PROPOSAL: To review and amend the Religious Institution parking requirements within the Tigard Development Code to allow for more flexibility. The request revolves around the required seating that is currently imposed on the development of Religious Institutions within the City of Tigard. The current proposal involves three components: o Changing the requirement from one space for every two seats, to one space for every 3-4 seats. Allowing shared parking to occur up to 500 feet from the property line for all uses. Allowing some on-street parking to occur where streets are designed and improved to accommodate such parking. APPLICANT: Tualatin Valley Christian Ministries OWNER: N/A 9905 SW McKenzie Street Tigard, OR 97223 ZONE: N/A. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.765; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, and 2.1.3; The Metro 2040 Plan; and Statewide Planning Goals 1 and 2. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission alter the, Religious Institution parking requirements as determined through the public hearing process and make a recommendation . to the Tigard City Council. ZOA2001-00003 PAGE 1 OF 8 2/4/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION SECTION 111. BACKGROUND INFORMATION As the role of religion within our society evolves, the use is expanded and redesigned to accommodate the function of their respective purpose. Religious institutions have changed the way that they operate. One can no longer say that religious institutions are comprised of a main sanctuary and several small classrooms for Sunday school. In addition to Boy Scouts and Girl Scouts there are aerobics sessions, art lessons, counseling, day care and schools. Serving the larger community there are clothing banks, food pantries, meetings for varied 12 step programs, soup kitchens, and even drug treatment centers. As a result, neighbors can feel their communities are overwhelmed by churches now operating day and night, seven days a week. Many of the Religious Institutions within Tigard have indicated that they will be seeking to expand their facilities within the next few years. Several of the ministries approached City staff about amending the parking standards to reflect a standard that would be more in line with other jurisdictions around Tigard. Staff conducted a survey of surrounding jurisdiction requirements, and found that the Tigard Development Code was stricter than surrounding jurisdictions. However, a literature review -of professional sources shows that Tigard regulations are in line with professional recommendations. To that end, staff was directed to work with a parking committee to come up with a resolution and proceed with an application to amend the code. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 - Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Staff has also worked with a committee of citizens to review the alternatives. The City CIT members were also notified of the proposed changes. ZOA2001-00003 PAGE 2 OF 8 2/4/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Statewide Planning Goal 2 Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. e Any applicable Metro regulations; Two Metro regulations need to be considered with regard to this request: Title 2: (Metro code 3.07.210-3.07.220) Regional Parking Policy The Metro 2040 Growth Concept calls for more compact development as a means to encourage more efficient use of land, promote non-auto trips and protect air quality. In addition, the federally mandated air quality plan adopted by the state relies on the 2040 Growth Concept fully achieving its transportation objectives. This title established regionwide-parking policies that set the minimum number of parking spaces which can be required by local governments for certain types of new development. It does not affect existing development. Parking maximums are also specified. By not creating an over supply of parking, urban land can be used most efficiently. The City of Tigard implements this policy through its off-street parking standards. Currently, Tigard's parking standard for religious institutions is the maximum minimum allowed by Metro. The proposed amendment will act to reduce the minimum parking standards for religious institutions to 1 space for every 3 seats in the main sanctuary or 1 space for every four seats in the main sanctuary as long as a parking plan is provided that illustrates that the 1/3 requirement can be met utilizing variances, adjustments, and the alternatives proposed as part of this amendment. Title 3: (Metro code 3.07.310-3.07.370) Water Quality and Flood Management Conservation The goal of the Stream and Floodplain Protection Plan (Title 3) is to protect the region's health and public safety by reducing flood and landslide hazards, controlling soil erosion and reducing pollution of the region's waterways. The proposed amendment will potentially reduce the amount of impervious surface, thereby providing additional opportunity for water to be filtered through natural systems, and allowing runoff that would otherwise tax the stormwater system to be accommodated on site. Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: This policy states that all future legislative changes shall be consistent with, the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and Regional Plan. ZOA2001-00003 PAGE 3 OF 8 2/4/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Comprehensive Plan Policy 2.1.1: This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This policy is satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Members and the amendment was discussed at a regular monthly CIT meeting. In addition, notice was published in the Tigard Times of the Public Hearing and notice will be published again prior to the City Council public hearing. Public input has been invited in the notice. Comprehensive Plan Policy 2.1.2 and 2.1.3: In pertinent part, this policy states that the Citizen Involvement Team program and the Citizen Involvement Team Facilitators shall serve as the primary means for citizen involvement in land use planning. Policy 2.1.3 states that information on land use planning issues shall be available in understandable form. These policies were satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Members and the amendment was discussed at a regular monthly CIT meeting. An attempt was made in the written notices and the amendment itself to make the proposal understandable to anyone who reads it. e Any applicable provision of the City's implementing ordinances. Code Section18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. Code Section 18.765: This chapter establishes parking requirements intended to provide sufficient vehicle parking in close proximity to the various uses for residents, customers and employees, and to establish standards which will maintain the traffic carrying-capacity of nearby streets. These regulations are also intended to establish vehicle-parking areas which have adequate capacity and which are appropriately located and designed to minimize any hazardous conditions on the site and at access points. The present amendment will satisfy this purpose as illustrated in the following analysis. ZOA2001-00003 PAGE 4 OF 8 2/4/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION SECTION V. STAFF ANALYSIS The proposed amendment allows religious institutions and in cases of shared parking, other uses, some added flexibility. There is an inherent conflict between required parking based on peak demand and actual need as peak demand is not always consistent. And, there are many pros and cons to accommodation of parking. The amendment under consideration would relax the current one space for every two seats in the main sanctuary. It would allow religious institutions to utilize several alternatives to meet the underlying ratio of one space for every three seats in the main sanctuary. The benefits of requiring less parking include less impervious surface, more space for development or open space, and less stress on the Tigard stormwater system. The downside is discussed in more detail below. In order to realize the current proposal, the following steps were taken. Staff was approached by the Tualatin Valley Christian Ministries (TVCM), a conglomerate of Tigard Churches, to review and amend the Tigard Development Code (TDC) to allow one space for every four seats in the main sanctuary. As a result of this request, staff began researching the validity of the problem. It was discovered in a survey of other jurisdictional requirements (Exhibit B), that Tigard was in fact stricter than the surrounding jurisdictions when it came to parking. It was also discovered in a literature survey of professional resources that parking requirements for religious institutions varied dramatically across the country. In some instances the ratio was one space for every ten seats _in the main sanctuary, and in other cases, the requirement was one space for every two seats in the main sanctuary. There seemed to be no real justification for any one standard. Staff proceeded to continue researching alternatives and solutions that would accommodate the Religious Institutions in Tigard, but those same alternatives and solutions would also have to relieve Tigard neighborhoods of added congestion and conflicts that become a problem during religious activities. As indicated in the previous discussion, citizens value the light to peaceful enjoyment of their neighborhoods almost as much as their right to freedom of religion. The professional resources, Eno Foundation for Transportation, Inc. and Institute of Traffic Engineers (ITE) both indicate that one space for every two seats is appropriate based on demand, but concede that the actual requirements are highly variable. In describing parking demand, the Eno Foundation states that, "...parking demand is defined as the accumulation of vehicles parked at a given time as a result of activity at a given site. Demands may reflect maximum accumulations during the average day, peak day of the week, or during the peak season of the year. Irrespective of when they occur, parking accumulations result from interactions between three traffic variables: total daily trips attracted, time pattem of arrivals, and average lengths of stay. To illustrate, two sites with the same land area and floor space may attract equal daily numbers of vehicles, yet their parking accumulations can be quite different. If of one location cars arrive nearly simultaneously and park for an average of eight hours, its parking accumulation could be four times that of the second site, if the second site's vehicle arrivals are spread out evenly over eight hours and the average length of stay is 2 hours. Thus, in determining parking needs, the arrival pattern and length of stay (parking duration) are as important as the total number of daily vehicles attracted. "(Pg. 37) ZOA2001-00003 PAGE 5 OF 8 2/4/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION However, in the case of most religious institutions, peak demand is not met as frequently as most uses. So, staff could concede that at times other than main service times, the requirement of one space for every two seats in the main sanctuary could seem onerous. According to the 2000 Census results, the average household size is 2.48 persons in the City of Tigard. Assuming every household in Tigard attended a religious function in only one car per family, the on site parking ratio would need to be 1 space for every 2.48 seats in the sanctuary to accommodate all parking on site. Staff realizes that every household in Tigard does not attend only one church, but all of the parishioners are not Tigard residents, and we traditionally plan for Worst case scenarios. The ITE manual conducted parking studies of religious institutions that show a direct correlation with the requirement of one space for every two seats in the main sanctuary. The results of their studies are illustrated in the following table: DATA PLOT AND EQUATION 800- 700- 600- 0 v U 500 ~ o 0 0 400- Z Y D Q 300 a LM 200 a II o. 100 ❑ 0 200 400 600 800 1,000 1,200 1,400 X = NUMBER OF ATTENDEES ❑ ACTUAL DATA POINTS FITTED CURVE Fitted Curve Equation: P = 0.495(X) - 4.0 R2 = 0.849 ZOA2001-00003 PAGE 6 OF 8 2/4!02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Religious Institutions are defined as, "places of religious worship which may include related accessory uses such as offices, classrooms, auditoriums, social halls, gymnasiums, and other recreational activities" in the Tigard Development Code. When these ancillary uses become a part of a particular institution, the activities on site increase, and so does the demand for parking. There does not appear to be significant overlap with religious services, so the code does not place any additional requirements for the accessory uses. However, religious institutions are permitted conditionally or outright in every residential and commercial zoning district, and our inability to treat them individually as it relates to parking, undoubtedly creates conflict in those institutions that are located within or close to neighborhoods. As a result, the stricter'standard is more appropriately imposed to prevent conflict. The amendment before the Commission is an attempt to balance the needs of the neighborhoods with the needs of the religious institutions. The proposal was drafted as a result of research, departmental comments, and the cooperation of a parking committee comprised of two representatives from the TVCM, one representative from a neighborhood that recently voiced concerns regarding a Church parking facility, and one Planning Commission member. The proposed changes to the code can be reviewed in Exhibit "A." The only change that was not agreed upon by the committee was the change in ration from 1 space for every 3.3 seats to 1 space for every 3 seats. Staff made this change in light of the census results. Staff observation is that in this day large numbers of single and two person vehicles attend churches. The 1 space for every 4 seat standard may have been more relevant in a time when more families and larger families attended Church together. In summary, the changes include relaxing the base standard to one space for every three seats, permitting religious institutions to count on-street parking where the street is adjacent to the site, designed, and improved to accommodate on street parking, and allowing shared parking to be accommodated at sites that are up to 500 feet away from the site as opposed to the 300 feet currently in the code. The 500-foot standard would apply to all uses. This amendment came about after staff researched the state Transportation Planning Rule as it relates to the acceptable walking distance for pedestrians. Typically, pedestrians considar a quarter of a mile to be acceptable in pedestrian oriented developments. If an applicant can show that the one space for every three seats can be illustrated in a parking plan utilizing a combination of the above measures, adjustments, and variances, then they would be required to only accommodate parking at one space for every four seats in the main sanctuary on site. SECTION VI. OTHER ALTERNATIVES Leave the code as is- The standard would remain at 1 space for every 2 seats in the main sanctuary, no on-street parking could be counted, and shared parking would only occur within 300 feet of the front building line. Accommodate parking at 1 space for every 4 seats in the main assembly area without any other changes. ZOA2001-00003 PAGE 7 OF 8 2/4/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION - M SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS The Tualatin Valley Fire and Rescue Department has had an opportunity to review this proposal and has found that the proposal does not conflict with their interests. The City of Tigard Engineering Department has had an opportunity to review this proposal and have no objections. Two Citizen Involvement Team Members responded to the proposal and one indicated that she had concerns with the lack of parking/planning in the Tigard downtown. The other CIT member had no objections. The City of Tigard Public Works and Operations Department has had an opportunity to review this proposal and have no objections. The City of Tigard Police Department has had an opportunity to review this proposal and have no objections. Washington County Department of Land Use and Transportation, DLCD, City of Tigard Building Division, ODOT, Tualatin Valley Water District, Clean Water Services, Tualatin Hills Park and Recreation District, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed Zone Ordinance Amendment. ATTACHMENTS Exhibit A - Community Development Code Chapter 18.765, Table 18.765.2 Exhibit B - Jurisdictional Survey Results January 23, 2002 PREPARED BY: Brad Kil y DATE Associate Planner , ; L l January 23, 2002 APPROVED BY:Richard Bewersdorft DATE Planning Manager ZOA2001-00003 PAGE 8 OF 8 2/4/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION EXHIBIT A Religious Institution Parking Amendment Proposals 18.765.030 General Provisions B. Location of vehicle parking. The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwelling(s); 2. Off-street parking lots for uses not listed above shall be located not further than 289-500 feet from the buildingeF useproperty line that they are required to serve, measured i^ ^ StFaig~+along the most direct, publicly accessible pedestrian route from the buildipg-property line with the following exceptions: a. Commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300-500 feet from the primary site; b. The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces; 4) Long-term spaces. C. Joint parking. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1. The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2. Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3. If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. 18.765.070 Minimum and Maximum' Off-Street Parking Requirements D. Exclusions to minimum vehicle parking requirements. The following shall not be counted towards the computation of the minimum parking spaces as required in Section 18.765.070H: 1._4-.-O street parking Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement; except: Religious Institutions may count on-street parking around the perimeter of the use provided that the following criteria have been satisfied: a) The on-street parking is on a street that is designed and physically improved to accommodate parking within the right-of- Way- b) The street where on-street parking is proposed is not located on local residential classified streets. Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements Religious 1.0/2-3 U seats in Institutions main assembly area M 161 Religious Institutions may provide 1 space for every four seats on site in the main assembly area provided that they supply the City with-a parking plan that demonstrates that the peak parking demand of 1 space for every 3 seats is met utilizing any combination of the alternatives and adjustments mentioned in this chapter. , , EXHIBIT B The following survey was conducted in the last week of September, 2001. It is a representation of the answers received from jurisdictions that responded to e-mail and telephone inquiries, as well as, information gathered from online resources. The City of Tigard currently requires a minimum of one parking space for every two seats in the main assembly area. City of Gresham - requires a minimum of .3 spaces for every seat or 1 space for every six lineal feet of bench seating within the main sanctuary. The City of Gresham also recognizes a maximum of .6 spaces for every 1 seat or 1 space for every 4.5 lineal feet of bench seating within the main sanctuary. City of Tualatin - requires a minimum of 1 space per 4 seats or 1 space for every eight feet of bench length. City of Hillsboro - requires a minimum of .25 spaces per seat. City of Portland - requires a minimum of 1 space for every 100 square feet within the main assembly area. under one standard, and 1 space for every 67 square feet of main assembly areas in another standard. Standards are determined by the underlying zone. City of Beaverton - requires a minimum of .25 spaces for every 1 seat. A taohrnent 4 CITY OF TIGARD Community Development Shaping A Better Community MEM®8AHD9M TO: City Council and Planning Commission FROM: Brad Kilby, Associate Planner DATE: February 28, 2002 SUBJECT: Follow-up for Religious Institution Parking Requirements In response to the question posed by the Planning Commission as to what Washington County requires for Religious Institutions, Washington County requires 1 space for every 2 seats in the main sanctuary. The proposal before the City Council would relax the parking standard for development within the Tigard city limits, but not for development within the "Urban Service Area." AGENDA ITEM No. 6 Date: March 32, 2002 TESTIMONY SIGN-UP SHEET Please sign on the following page(s) If you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) FORMATION OF SANITARY SEINER REIMBURSEMENT DISTRICT NO. 21 SW ERROL FC NER STREETS Due to Time Constraints i City Council May Impose i A Time Limit on Testimony i I:IADMIGREER=SIGNUMPH TESTMNY FORM SAN SEWER DIST.DOC AGENDA ITEM No. 6 PLEASE PRINT Pro onent - ISPeakina In Favor Opponent - 5 eakin A ainst Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 12 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF March 12.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No. 21 (SW Errol and Fonner Streets PREPARED BY: G. Be ~ DEPT HEAD OK CITY MGR OK kh-4 ISSUE BEFORE THE COUNCIL Formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approval of the attached Resolution forming the Reimbursement District. INFORMATION SUMMARY The proposed project would provide sewer service to forty-one lots along SW Errol and Fonner Streets. Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each- lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee of $2,335 before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. The amount owners are required to reimburse the City is limited by the City's Neighborhood Sewer Reimbursement District Incentive Program (Resolution No. 01-46). Under the program, each owner's fair share would be limited to $6,000 to the extent that it does not exceed $15,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction. In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. Anot'ier resolution to finalize the formation of the Reimbursement District, with cost adjustments, will be sub, witted for Council action after construction is completed and actual construction costs are determined. OTHER AL'T'ERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMPfTEE STRATEGY Not applicable. ATTACHMENT LIST Proposed Resolution Vicinity Map Exhibit A, City Engineer's Report with map of 11255 SW 112th and table of estimated costs Exhibit B, Map and list of owners Notice to Owners Resolution No. 01-45 FISCAL NOTES Funding is by unrestricted sanitary sewer funds. 1.%cnywideWrmVskr 21 (ermlftnnw) fomwdon.doe February 22, 2002 CITY OF TICS OREGON Nu K"E Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY,March 12, 2002 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 TO CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 21. (SW Errol and Fonner Street) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW Errol and Fonner Street. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 639-4171 extension 373 or at //www.ci.tigardor.us/. 1.\eng%gmgVc1mbu mom tlistrI0 111 enol•Ionnenlo=aoonVnace I. Iomatlon heanrp.Aoc 13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Proposed Sanitary Sewer Reimbursement District No. 21 (SW Errol and Fonner Streets) At this meeting, City Council will be requested to form a sewer reimbursement district to provide your neighborhood with sewer ser-iice. There is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share of the public sewer line is based on the area of the lot served and is summarized in the attached table. (Only a portion of the lot at 11255 SW 112" Avenue may be served by the sewer so only that portion was used to determine that owner's share of the cost.) This amount will be revised once construction is completed and final costs are determined. An annual increase of 6.05% simple interest will also be applied to this amount. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution 01-46. Please note that this resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. The owner would also be required to pay a connection fee of $2,335.00 at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. Z Q L 10. : WALNUT 5T P W N 7 RE 71 WA ';,.111TH PL a? 9^l Q 00 MoRCEN CS 1ATiFl DERRY DELL CT a ~ z d w4 PARK sT CITY OF TIGARD, OREGON RESOLUTION NO. 01- A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2400, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09. 105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.01-4-JLZIP Page I sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a fill explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the fimding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 O\.. PASSED: This b - day of 2001. ayor Ci of 'and ATTEST: Recorder - City of and IACitywide\ReaW.wolufion R mmg the Neighbmihood Sewer Incentive Progmm RESOiUTION NO.OI- SIC / Page 2 TABLE 1 Reimbursement Districts With Refunds Avaliabla DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN 8TMIYNo.9 4,508 No reimbursement available HILLVIEW ST No.11 8,000 July 11, 2003 106'" & JOHNSON No.12 5,598 No reimbursement aval able 10e E INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 81000 July 11,2003 BEVELANDBHERMOSA No.15 51036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARA No.17 8,000 July 11,2003 'WALNUT & 121sTNo.18 - Amount to be relmbureed will be TFarooyoore from eervlco availability -ROSE VISTA No20 determined once final costs are determined. Currently being constructed AGENDA ITEM No. 7 Date: March 12, 2002 TESTI® SIGN-UP SHEET Please sign on the following page(s) if you wish to 'testify before City Council on: PUBLIC FEARING (INFORMATIONAL) FORMATION OF SANITARY SEVER REIMBURSEMENT DISTRICT NO. 22 SW HOWARD DRIVE Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\GREER\CCSIGNUP\PH TESTMNY FORM SAN SEWER DIST.DOC AGENDA ITEM No. Y PLEASE PRINT Pro onent - (Speaking In Favor Opponent - (Speaking A ainst Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF March 12.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SL NVII 4ARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No. 22 (SW Howard Drivel PREPARED BY: G. Beni DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approval of the attached Resolution forming the Reimbursement District. INFORMATION SUMMARY The proposed project would provide sewer service to thirty-five lots along SW Howard Drive. Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee of $2,335 before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. Another resolution to finalize the formation of the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. e OTHER ALTERNATIVES CONSIDERED None. J VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Vicinity Map Exhibit A, City Engineer's Report Exhibit B, Map and list of owners Notice to Owners Resolution 01-46 FISCAL NOTES Funding is by unrestricted sanitary sewer funds. CITY OF TIGARD, OREGON RESOLUTION NO.01.4 A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCEN'T'IVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.OI-'~p Page 1 sewer connection. SECTION d: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 PASSED: This d - day of 2001. ayor Ci of 'and ATTEST: 01 - 6 A:; Rtity-Re - City of Tigard 1.\Q wi&Utn\R=1udon Revising the NeighboftW sewer roo=m PmV m RESOLUTION NO. 01-(.I Page 2 TABLE 1 Relmbumement Districts W tit Refunds; Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN ST/WYNo.9 4,508 No reimbursement available HILLVIEW ST N0.11 8,000 July 11, 2003 108'" & JOHNSON NoA2 51598 No reimbursement available 100'" & INEZ N0.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 81000 July 11,2003 BEVELAND&HERMOSA No.16 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARANoA7 8,000 July 11,2003 WALNUT & 121- No.18 - Amount to bo relmburood will be Throo yooro from ceivico avaaabllity ROSE VISTA No20 determined once Mal costs are determined. 'Currently being constructed February 22, 2002 CITY OF TIGARD OREGON NOU"a"TICE Informational Hearing . NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, March 12, 2002 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 TO CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 22. (SW Howard Street) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW Howard Street. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 639-4171 extension 373 or at //www.ci.tigard.or.us 1 Wv%a epVi Nssm-t OLStromn h"-x&Jo=2dorVC6= brtn~ hea vc doc 13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Proposed Sanitary Sewer Reimbursement District No. 22 (SW Howard Street) At this meeting, City Council will be requested to form a sewer reimbursement district to provide your neighborhood with sewer service. There is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share of the public sewer line is $6,690. This amount will be revised once construction is completed and final costs are determined. An annual increase of 6.05% simple interest will also be applied to this amount. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution 01-46. The owner would also be required to pay a connection fee of $2,335.00 at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. LMnQVM9V.Ynd..om«t dlWtUM MwuWgUM I WWADC TaxID Owner Address City State ZipCode 2SI03CA00306 NORSWORTHY HOLLY 11660 SW FONNER ST TIGARD OR 97223 2S103BD04300 BALDWIN JAMES RONALD JR. 11675 SW FONNER ST TIGARD OR 97223 2SI03CA00305 LARSEN JAMES G 11720 SW FONNER ST TIGARD OR 97223 2SI03CA00203 MODE DEBRA KAY 11820 SW JAMES CT TIGARD OR 97223 2SI03CA00204 SWAYNE DOUGLAS H & 11825 SW JAMES CT TIGARD OR 97223 2SI03CA02100 GEIL WILLIAM M 11840 SW JAMES CT TIGARD OR 97223 2SI03CA02800 AVOLIO MARGARET E 11855 SW JAMES CT TIGARD OR 97223 2SI03CA02200 MCMULLIN EDWIN R. & 11860 SW JAMES CT TIGARD OR 97223 PHYLLIS M 2S103CA02300 SVERID RICHARD 11880 SW JAMES CT TIGARD OR 97223 2S103CA02700 LEWIS EUGENE R TRUST & 11885 SW JAMES CT TIGARD OR 97223 2S103CA02400 SCHUN KARL E ELLEN 11900 SW JAMES ST TIGARD OR 97223 2S103CA02600 STINSON JAMES C AND CHRIS 11905 SW JAMES CT TIGARD OR 97224 2S103CA02500 FOGO JAMES E AND 11920 SW JAMES CT TIGARD OR 97223 2SI03CA00209 HOLMES JOAN M 13050 SW HOWARD DR TIGARD OR 97223 2S103CA00210 HOLMES JOAN M 13080 SW HOWARD DR TIGARD OR 97223 2S103CA00206 FOSTER EUGENE P & VANESSA 13085 SW HOWARD DR TIGARD OR 97223 K 2S103CA00211 BRIGGS STEPHEN W & ELLA F 13110 SW HOWARD DR TIGARD OR 97224 IS103CA00205 ARELLANO SALVADOR A & 13135 SW HOWARD DR TIGARD OR 97223 MARIA E 2SI03CA00212 CALLAWAY CAROL W 13140 SW HOWARD DR TIGARD OR 97223 2SI03CA00213 WILLIS RICK W & KELLY A 13170 SW HOWARD DR TIGARD OR 97223 2SI03CA00214 NIEMEYER ROBERT H III & 13200 SW HOWARD DR TIGARD OR 97223 2SI03CA00202 HUNTER GEORGE JR & VICKIE 13215 SW HOWARD DR TIGARD OR 97223 LYNN 2SI03CA00215 HOYT MILDRED L 13230 SW HOWARD DR TIGARD OR 97223 2SI03CA00201 MCGOFFIN JAMES L & G M 13235 SW HOWARD DR TIGARD OR 97223 2S103CA01100 JORDAN MICHAEL P & 13260 SW HOWARD DR TIGARD OR 97223 JENNIFER A 2SI03CA00700 ROSE DAVID R & CHRISTIE A 13265 SW HOWARD ST TIGARD OR 97223 2S103CA00800 SPANGLER JAMES P & KAREN 13285 SW HOWARD DR TIGARD OR 97223 L 2SI03CA01200 TEDDER JAMES O 13290 SW HOWlkRD DR TIGARD OR 97223 2S103CA00900 OTTERSON JACK W/ESTHER M 13305 SW HOWARD DR TIGARD OR 97223 2SI03CA01300 PURKEY MICHAEL R & 13320 SW HOWARD DR TIGARD OR 97223 2S103CA01001 CALLAWAY KEVIN JOHN & 13345 SW HOWARD DR TIGARD OR 97223 In, LORI F 2SI03CA01400 NGUYEN BICH LIEN THI 13350 SW HOWARD DR TIGARD OR 97223 2S103CA00600 MAY WILLIAM A 13375 SW HOWARD DR TIGARD OR 97223 2SI03CA00601 WEEKS JACK A ELIZABETH E 13465 SW HOWARD DR TIGARD OR 97223 2SI03CA01800 TUCKER ANTHONY K AND 13470 SW HOWARD DR TIGARD OR 97223 %ft333UeMepKbng%=1.2= N doloward-drbaU touca nowm dr 2.MM.dm AGENDA ITEM # u FOR AGENDA OF March 12.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update to Council on Cook Park Master Plan Expansion Phase II PREPARED BY: John Roy DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL This is an informational update. No Council action is requested. STAFF RECOMMENDATION N/A INFORMATION SUMMARY The purpose of this agenda item is to update Council on the current status of the Cook Park Master Plan Expansion. Phase I construction was completed in November of 2001. Included in Phase I construction were: • 85th Avenue emergency access road • Wetland viewing gazebo • Infrastructure • Parking lot with landscaping and irrigation, • Butterfly garden • Sports field grading and irrigation. The budget for Phase I constriction was $771,764 with the actual construction cost being $715,494. The project came in $56,270 under budget. Due to staff obtaining funding for the park project through a $250,000 grant from Oregon Recreation and Park Association and a low interest loan in the amount of $2,300,000 from the Oregon Economic and Community Development Department, Phase III construction originaly scheduled for FY2003-2004 has been incorporated into Phase II. This will allow for completion of the Master Plan Expansion in the fall of 2002, one year ahead of the original schedule. Phase 11 construction will consist of the following components with the engineer's estimate with an estimated cost of $1,500,876: • Picnic shelter ($103,098) • Tot-lot playground ($88,320) • Maintenance building ($160,000) • Parking lot ($144,620) • Restroom building ($396,750) • Restroom/concession building ($440,709) • Regional soft trail ($94,320). OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY City Council Goal #4 and Visioning Goal (5) - Continue to implement the City Park Master Plan ATTACHMENT LIST • Power Point Presentation - Cook Park Master Plan Expansion Update FISCAL NOTES The engineer's estimate for construction of Phase II is $1,500,876. Funding for this project is available as a result of having a remaining balance of $56,272 from the Park CIP budget for Phase I construction for this fiscal year, in addition to the $250,000 ORPA block grant and the $2,300,000 loan from the Oregon Economic and Community Development Department. =MMMJ Mill ~ ~4~.~~r`4"Y4 ~ i t 4' t~ 'Yy "acv . "np x-~~r^<6~ 41, v Awl 9 AV C%.j%womm PAmrv M I AI E -M 'm JffAS I x r IN6%VN `TE~ mmg&L 'K 1& w Im- -m A 11, 1 ZAS"'OlON 'KU'ff P D -A - V E p r *3'^^4~t~'^v-s',~t'cs'fi"~. ~ St. f~•~'s'"5'zrr z 'v""~ ;s.+"-+++-r..-^'-.^-.'^--. -x-^ 4nr•"+ nr<r^-•,.~,*.'._,~,sir jre'~' _ :..w~. r , 4 _ l1 rl' t"HASE 0"'NE M1'a If `.t COMPLE-l'TION REPORT BU17ERF"L.Y GARDEN ® WETLAND VIEWING GAZEBO `r h 1 V 85TH AVE. EMERGENCY ROAD ® PARKING LOT (237) w/ LANDSCAPING AND IRRIGATION y ® INI~ RASTRUCTURE $PQR-STIELD °GRADII~ GARRIGA°~ IO y - _ r ~•y- sr F~t~ s 3` `T ~ 2 r r 1 "''phi ,.~1 - a - ~ n.a a a:.'°. #'~'i tx:3 '§.;s .~<"•''.a ~°9nt s`"~ ;~u - "ts. • ea n r F ' ar' r 4 y.,, ~ " , , z. i - ~ n ~ s~ '*'r_:~~w..v..'- r~3s~ :'..,.r,. "•~"~a.s sue.,:: i~- . ^t<s.:sa'-aj -'v '-.i:.. v- -J rx ..N9.'f'.. .'a"v." •q'.sa~•a'T TKt+Ar;"^^"'} •t* t 777 5' 4 $ .ir.N - ^t „J FUNFAmCIAL I ® ORIGINAL, P.O. $6359553 ® CHANGE ORDERS ~ 799939 COST OF PHASE I CONSTRUCTION $7159492 BUDGET FOR PHASE I CONSTRUCTION "7719764 y ® AMT..-UNDER BUDGET. 569272 7~`'' ~ -x ~ -t-•-r ~ ' i. -a.. ~,~s> 'r° s: - x f + s - z ~y-_~i_,+ f~"~ fi~z~-: ~ r ~•f 4 ' 1 `3.~. y.'- 6'F '~:.tt~;t.`.Y,~•.'.f~ L:~~.1 KS.'J 'T.~t:. ''L.lx. r-~t!, M} yY..oF {'1+*pE ~[?.F ,f•+c`~u. .$L ryMr.` ~!'°L.,ty( :3E. 3.~ t~ . 4 . `f".. b £ v` fn 3 t :a~ , R y +•.;f y `3 s o. ;;d ~ ..Y= ..j;t v. "t4 s,=„pS,- y S'a: r' ~ ..J ~k ~ '•AFGF v`~Y,. E r, S S? 5d '~i,_ ~ is n - 14:~~~ =1"t~E~a s. y r ~ ~ ,z ..'4~rp. . -..:.z~S.r, . r. t .hz. ^~a~i - :~'Sc~1`- :`--'.~~i,< s ~ 3 -..±v° '.>n .k 'y? s ~'xr'~-yR-~.rl'1" 9 i . C(Aoj%Mvr-%0NENTS U`W P w w z t1piLsh-A 11 Exymr-"ANS-1UN ENGINEER'S CONSTRUCTION EST. ® RESTROom FACILITY $396975® ® T®T-LOT PLAYGROUND 889320 PICNIC SHEL'T'ER $1039098 ® MAINTENANCE BLDG. $1609000 ld. - x 'mss .c? ,y - "dd` °,t..''+..* •<„'`,;e~:'~sSw .,~s. ,~n+ .}",.~i~K, ~~r~~ s 3i ~~.tF ,...~~ty~~..,xXg ~t~~.~ ^pt ?~~.~~~ss r~;_ i{sue;, ~ f ."'gin tc~r'}-•'~'# ~t~,~jTi~t.s t ab~ Ys .-,ry c'r`'r;' `i.' •ic y,'.. y ,F-. tii. f~ ~'~f 7,Y,,~+b sx r: o Sh:< - - ,A:....:i::.,'..7+3'iFi"keuTk•=' - '--~SU:u~:SS:°..~i.s.d-'t~~:X2 'yL'~.•'h~c+iFwr' ~cst_,,6 3:w~r~~~?*a_ r! ~.~`.a P,r~ - `Y L'.....n, Xb~ 3 ;~+v ,;i 7. i+,t w 3`~z.e~ ~ fit. ~ - ~ ;1?Z ~i 3~t.~ i~. ~9}.n ~c;::k_ Comm"OP&ONENTEmi OF PHASE If EXPANSION ENGINEER'S CONSTRUCTION EST. PARKING LOT $1449620 TRAILS 94,320 e RESTROOM/CON. $44097®9 ® ESTIMATED TOTAL, $195009876 x: _ t r.. - >'-.:xi_;"~_w'~" "'F•-rtr ~L~$'~ } '~~e ~.f°+'•~'st ~i 5~~. i~ e i ~'f ~~s~, r i•~ie_ ~ t -~ti„r F a x _ rc. 2 a xs?afis5 1 F~gfd F~tax' 1, ii ill I 1 11 IN! F - Z~ R 0% J bta;nhLju wLE ll ® ADVERTISE FOR BID FEB. 14 ' ;G .S :11 ® PRE-BID MEETING FEB. 21 3 ® BID OPENING MAR. 7 as LCRRSUMMAF~Y...- MAR. 12 't w tirv 'ice ~Z`. .(J - t rt ti~~"YSv !tw a Ir^.,, la, '$a5 _~x~_ x s"'.a~•..`'hi t.:s+ a'~2..i..,, s-: < t : a .y y =Y S (rT Tr v,y o-}~'vf ..e 2 t rF~~'; 'c ,s~ ti wel aaR MEN& `i. ® LCRB BID AWARD MAR. 26 14 ® NOTICE OF AWARD MAR. 27 a ® NOTICE TO PROCEED APR. 8 ~r RASEOMPLETION. NOV. 1 02 1 A 1 ! °t Ft'"R4crc~ L#'Jm f - rS'z.'~ s''f gg- x~e .F~~~ aF."'P ~;t~':ti`g.r~,-R>?s;~.:.ryy~.~ a~.u-~~-v7~f..~za - °.tt'tpa':a;R' ~°.3,,. jca ,~._"'^•'r~;-~ 7' ..3- ~ ~ ~ +~u~S,,,`~ ~Y~Si t ~.r.~2 F~'`~r:.' ~ ,..'~j~^~S'~v t ,z, a r ~ ..t~~m + F ~ *.i ~ ms's. ~a t~.. y : t. ~~yS.~ . T`~ ErAr ax i ~:.3..t t.~. ,,,i: ^r Ys ~f . ``•ry' 4,~:,~~?'. ~ re,.- h:~.:':. ' 3-~.~+ .~aV~s moans= smomm 1 { l►Rt { t GS~ r 1 ~ LE~E1`1D .ser.mv~s~ .r , z e~ ',~4re *i a PKAW GROUPSON r: n~ • ! aQQRM A 1 1 f ~ CQOPHASING PARKEWA"'ON PLAN CL.S iN'" MEMORANDUM TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder( RE: Agenda Item No. 11 - March 12, 2002 DATE: March 8, 2002 Attached is a memordandum from Community Development Director Jim Hendryx. This information pertains to the Council discussion scheduled on the March 12 agenda: 11. COUNCIL DISCUSSION OF OPTIONS REGARDING MUR-2 ZONING ISSUES RAISED DURING THE WASHINGTON SQUARE REGIONAL PLAN IMPLEMENTATION PUBLIC BEARING c: City Manager Monahan Community Development Director Hendryx Agenda Item No. 1 Meeting of 3 . I C>;L A L CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITE( OF TIGARD TO: Tigard City Council FROM: Jim Hendryx, Community Development Director DATE: March 6, 2002 SUBJECT: Bill Adams issues relating to the Washington Square Regional Center zoning While the City Council voted to implement the Regional Center Plan, zoning and development standards, there is a concern that the implementation of certain zoning will prohibit property from being developed with uses that are allowed under the existing zoning. Background Bill Adams has corresponded with Council that the implementation of the adopted MUR-2 Washington Square Regional Center zoning for his property will result in a "down-zone" of his property (currently zoned Neighborhood Commercial) by requiring residential development in order to have a commercial component. The following provides a timeline of activity/communications with Bill Adams and his property identified as 15135 AA, tax lot 01400: 10-22-1999 Notice sent for adoption hearing (Including notice to Besley Properties, Inc, the property identified by Bill Adams) 11-15-1999 Adoption hearings, no testimony or written communications from Bill Adams 12-14-1999 or a representative from Besley Properties, Inc were received. 1-25-2000 2-8-2000 • 12-19-2000 Besley Properties, Inc held a pre-app meeting with Planning Staff • Proposed mixed use • Informed of adopted zoning and provided copy of standards at that time 11-8-2001 Notice sent of implementation plan hearings 12-3-2001 Planning Commission hearing 12-17-2001 Letter received from Mr. Adams requesting information on the appeal process and stating that his site could not accommodate a mixed use development. 12-28-2001 Staff responded to letter. 1-22-2002 City Council hearing on implementation of the Plan. 2-6-2002 Mr. Adams requested clarification to staffs 12-28-01 letter 2-7-2002 Staff sent letter clarifying original letter Staff reviewed the existing and adopted zoning and finds that there are 12 properties that were zoned commercial prior to the adoption of the Washington Square Regional Center Plan which will be zoned MUR-1 or 2 (which requires that minimum residential densities be met prior to allowing commercial uses on the site). Five of the 12 identified are located in Washington County. Of the 12 lots in question, only 6 (3 in Tigard, 3 in Washington County) were identified as vacant or redevelopable (infill potential) when calculating density potential for target capacity requirements. The total acreage involved is 3.13 acres which would accommodate approximately 66 units if constructed to minimum densities. The removal of 66 units would not bring the City of Tigard below its target capacity. Existing zoning The existing zone for Mr. Adams property is Neighborhood Commercial (C-N) which is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. The gross floor area for any given use is limited to 4,000 square feet and the hours of operation are limited to between 7 AM and 10PM without conditional use approval. Permitted uses include general retail: sales oriented, personal services and repair oriented, office, day care centers and other civic type uses. Adopted Washington Square Regional Center zoning The MUR-2 zone is designed to apply to predominantly residential areas. Mixed uses are permitted when compatible with the residential use. The MUR-2 zone allows a residential density of 25-50 units per acre and provides for a commercial component if the minimum density is met. When commercial uses are permitted, they may occupy no more than 50% of the total floor area within the mixed use development. On a larger site that can accommodate multiple buildings in a development complex, a building occupied entirely by a commercial use may not exceed 7,500 square feet, regardless of whether this represents less than 50% of the total floor area. The typ , of commercial uses permitted in the MUR-2 zone subject to the limitations mentioned abo a include: general retail - sales oriented, and personal services, office, and eating and drinking establishments. There is no restriction on hours of operations for these uses. In addition, civic uses such as daycare, religious institutions and schools are permitted conditionally without the requirement to have a residential component. Purpose of MUR-2 zoning in this location The MUR-2 is the lowest mixed use zone in the regional center and acts as a buffer between existing low density residential zones and the higher density mixed use MJ zones. By allowing for a mixture of uses, the Plan continues to allow the commercial uses that were permitted before but also provides for a residential component. Council Options • Initiate zone and comp plan change for his properly (must consider ramifications of other similar sites). Initiate a Development Code change to specifically exempt properties that were previously zoned commercial from the requirement to build residential in order to build commercial. This would differ from assigning another zone, because it would still provide the same height and use restrictions as the MUR-2 zone. Notice would be sent to all properties that are zoned MUR-2 and within 500 feet of properly zoned MUR-2. Because this would not involve a Comprehensive Plan amendment (and would not require DLCD notice) this would be processed within 2-3 months of an application or Council initiation. As stated above, the potential removal of 66 units would not bring the City of Tigard below its target capacity. Do nothing and leave all properties under the zoning and standards as adopted. Bill Adams' options City Council should be aware that Mr. Adams can lock in current standards by submitting an application before the Washington Square Regional Center Plan implementation goes into effect. He is working with staff to schedule a pre-app, neighborhood meeting, and application submittal. Submit an application before the zoning takes effect (March 28, 2002) TDC 18.390.080.D.3.b.(3) states: "If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, and the City has a comprehensive plan and land use regulations acknowledged under ORS 197.251, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted." Additional options for Bill Adams Request a zone change. Request a change in the development code regulations. Prepare plan that meets the standards. lArpln/julia//washington sq/Adams mcmo.doc 2/28/01 AGENDA ITEM # FOR AGENDA OF March 12, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion of tions to Pa Additional City Costs for the 69 h Avenue LID PREPARED BY: Craig Prosser, us Duenas DEPT HEAD OK a CITY MGR OK - ISSUE BEFORE THE COUNCIL Identify a preferred option to pay for additional City costs associated with the 69`h Ave. LID. STAFF RECOMMENDATION Option #3; pay from the State Gas Tax Fund with an interim loan from the General Fund INFORMATION SUMMARY At the February 12, 2002 public hearing on the final assessments for the 69th Avenue LID, the Council tentatively decided to increase the City's participation in the right-of-way acquisition costs and make certain adjustments in the final assessments for two residential property owners. The final decision would be made after Council reviews the impact of the additional funding participation on the City's financial projections and programs. The attached memo provides information on the effects of the funding participation on the City's programs and financial condition, presents three options to pay for these additional costs, and recommends a course of action for Council approval. This agenda item identifies the impact of the increase in the City's financial participation and presents the funding options to the Council for their review and discussion. It is anticipated that Council would reach a final decision on City participation and provide direction to staff on the preferred funding option so that staff can prepare the final ordinance spreading the assessments and closing the LID. That final ordinance is tentatively scheduled to be heard by Council at the next business meeting, March 26, 2002. OTHER ALTERNATIVES CONSIDERED Three options are presented in the attached memo. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA ATTACHMENT LIST February 26, 2002 memo from Gus Duenas and Craig Prosser FISCAL NOTES The cost to the City is $292,861 plus the need to provide cash flow financing in the amount of $105,000 pending collection of the Pierce debt owed to the City. I:\CiWMde\Sum\Discussion of options to Pay Additional Costs on the 691° Avenue LID.doc MEMORANDUM TO: Mayor and Council Members FROM: Gus Duenas, City Engineer Craig Prosser, Finance Director RE: 69th Avenue LID Financing DATE: February 26, 2002 At the February 12, 2002 public hearing on the final assessments for the 69th Avenue LID, the Council tentatively decided to increase the City's participation in the right-of- way acquisition costs and make certain adjustments in the final assessments for two property owners. The final decision would be made after Council reviews the impact of the additional funding participation on the City's financial projections and programs. This memorandum provides information on the effects of the funding participation on the City's programs and financial condition. DeHaas & Associates, the consulting engineers on the project, have revised how the project costs would be distributed based on their understanding of the Council's intent. A detailed analysis of the changes are outlined in a letter from Marlin J. DeHaas, dated February 14, 2002. A summary of the changes, along with a brief explanation of each one, is listed below: 1. City participation in additional right-of-way acquisition costs $ 60,657 The City originally committed to support a portion of the right-of-way acquisition costs ($200, 000, see below). Acquisition costs were higher than anticipated. This adjustment keeps the City's commitment at the same proportional level as it was when the project was first developed. 2. Opdal (Snyder; property assessment reduction $ 14,437 This is a residential property which received an apportioned share of the total cost of the project. Council has expressed an interest in offsetting this assessment. 3. Jones property assessment reduction $ 17.767 This is a residential property which received an apportioned share of the total cost of the project. Council has expressed an interest in offsetting this assessment. Subtotal $ 92,861 4. Original estimate for City participation in right-of-way acquisition costs $200.000 When the 0h Ave. LID project was originally proposed, the City offered to contribute $200,000 to the project, but never identified the source of these funds. This amount has not appeared in any City Financial Plan or Capital Improvement Plan. It needs to be included at this time. Total Funding Needed $292,861 5. Pierce property recovery $105,000 Mr. Stephen Pierce disputed the price that the City was willing to pay for property the City needed to acquire from him for the W Ave. project. This dispute went to court, and the court required the City to pay Mr. Pierce $330, 000 pending the settlement of this dispute. The dispute was settled in the City's favor and Mr. Pierce was ordered by the Court to refund $105,000 to the City. Mr. Pierce is now declining to do so, claiming financial hardship. The City has started collection efforts, and expects to recover the full amount, plus interest, but this recovery may take time. The City now needs to fund this debt on an interim basis to avoid cash flow problems with the 69"' Ave. LID project. The following options are available to the City to pay the additional costs identified above: Option 1 - Finance City Participation with General Funds The City's Long Term Financial Plan was updated in December, 2001. The Plan forecasts operating fund revenues and expenditures over a five year period. The current Plan shows that General Fund revenues are projected to grow over the five year period from $15.6 million in FY 2002-03 to $18.2 million in FY 2006-07, or about 16.7%. During the same period, however, operating expenditures are projected to grow from $15.0 million to $19.9 million, or about 32.7%. This trend is contributing to a drawdown of the General Fund balance and the forecast now shows the General Fund would be in a negative position by the end of FY 2004-05 in the amount of approximately $90,000. Using General Funds to finance the City's participation in the LID project would cause this negative fund position to occur earlier in FY 2004-05. The City has not used General Fund for street projects in recent years. Option 2 - Finance City Participation Using State/County Gas Tax Funds The City receives a share of the State Gas Tax and the County Gas Tax. These funds are used for construction, reconstruction, improvement, repair, maintenance, operation and use of public roads and streets. These taxes have not kept pace with capital needs, with the result that the State Gas Tax Fund is projected to be close to a deficit situation by the end of FY 2002-03 with a projected negative ending fund balance of $46,901 (assuming current CIP plans). This assumes that the City's share of gas tax revenues does not fall below current levels and that there is not substantial growth in the existing street maintenance and capital program. However, City staff has shown that the capital and operating fund needs far exceed current or projected revenues. 2 The revenue from the City's share of the County Gas Tax is projected to average approximately $193,000 per year over the next five years. This fund is projected to be in a negative position by the end of FY 2005-06. To fund the City's participation using gas tax revenues would require a significant reduction in the existing capital program and potentially impact the operating budget for the street maintenance program as well. The projects that could be immediately impacted are: ® Pavement overlays of North Dakota Street (115u to 121S), Johnson Street (Grant Avenue to 99W), School Street and Rose Vista Drive ($150,000) 72"d Avenue Rail Crossing Repairs and Approaches south of Kable Lane - Joint project with Portland Western ($30,000) • Traffic Calming Program ($15,000) Option 3 - Finance City Participation and the Pierce Debt Cash Flow Using a Loan from the General Fund This option would require the General Fund to loan the State Gas Fund the funding needed in the amount of $397,861 (including the Pierce debt cash flow) with a designated pay back period and interest rate. The Pierce debt would then by assigned to the State Gas Tax Fund and all collections from the Pierces would be deposited in that fund. This option would meet the immediate need for the cash flow and funding of any level of City participation but would obligate future gas tax funds to repay the loan to the General Fund. This option would maintain the nexus between gas tax funds and street and road projects and avoid the direct use of General Fund dollars, which are traditionally appropriated for funding of police, library, and other general government purposes. Under Local Budget law, interfund loans may only be made for periods of one year. Since the repayment of this loan would need to occur over several years, the loan would have to be renewed each year until final pay-off. This option would still require, at minimum, reducing current and future capital projects ll in order for the State Gas Tax Fund to repay the principal and interest payments I required over the life of the loan. The capital projects that could be affected include: • The Pavement Major Maintenance Program to provide corrective and preventative maintenance on the City streets. The City currently has a $2.0 million dollar backlog of corrective and preventative maintenance projects. Reduction of the already limited gas tax funding each year would severely curtail the ability to keep the City's street infrastructure adequately maintained. ($150,000 to $200,000 annually) 3 J • Mapleleaf Street construction - widening and paving of an existing gravel road to provide a connection from 71st to 72"d Avenue. ($65,000) • North Dakota Street reconstruction (Greenburg Road to 95th Avenue). ($120,000) • 98t' Avenue widening (Greenburg road to Pihas Court). ($220,000) • Walnut Terrace (69th to 65th Avenue) ($60,000) • Commercial Street (95th Avenue to Main Street) - Widening on one side to provide a sidewalk connection to Main Street. ($75,000) • Additional embedded crosswalk lighting system installations. ($30,000 to $45,000 for each location) • Traffic calming projects Citywide. ($15,000 to $25,000 annually) Recommendation If the Council does decide to confirm the tentative decision made at the February 12th meeting, then staff would recommend that Option 3 be used to fund any level 0 City participation. The recommended payback period would be at maximum five years with the interest rate tied to the average return on the investment pool that the City .Si currently receiving. Any level of participation, however, will still require reducing planned capital projects as outlined in the Capital Improvement Program (CIF). 4 AGENDA ITEM # O FOR AGENDA OF March 12, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider Approval of an Ordinance Amending Chapter 10.28 of the Tigard Municipal Code PREPARED BY: G. BenyDEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Consider the proposed ordinance amending Chapter 10.28, Parking, of the Tigard Municipal Code (TMC). STAFF RECOMMENDATION Approval of the proposed ordinance. INFORMATION SUMMARY Chapter 10.28 of the TMC regulates parking and sets out the parking prohibitions throughout the City. (In addition, Section 10.32.025 authorizes the City Engineer to designate areas, not exceeding one hundred feet in length, where parking is prohibited). The proposed revisions to Chapter 10.28 update the ordinance to reflect changes to streets (e.g., street widening) and include revisions to, or elimination of, portions of the ordinance that are no longer applicable. The proposed revisions are summarized in Appendix A and are explained in the attached memo. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Proposed Ordinance- Chapter 10.28 with amendments Memorandum: Proposed Amendments to TMC Chapter 10.28 (Parking) Appendix A- Table summarizing proposed revisions FISCAL NOTES Not applicable. 1: WyM1deleumVm1,q1ons to the paNng ordinance chapter 10.25 doc 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: Mayor and City Councilors Bill Monahan, City Manager FROM: Gus Duenas City Engineer DATE: March 4, 2002 SUBJECT: Proposed Amendments to Tigard Municipal Code (TMC) Chapter 10.28 (Parking) Several of the proposed revisions are along streets that were once of insufficient width to accommodate parking. The following streets have been improved in some segments with full-width pavement that provides for parking: • South side of Main Street from Burnham Street to 50 feet north • North side of Burnham Street from Main Street to 15 feet from Main Street right-of-way • SW 691h Avenue From Hwy 99W south to the end of the street Since these streets now have full-width pavement at certain locations, parking is currently possible and removal of the prohibitions from the Code is proposed. Currently, the Code provides for a small parking area along Walnut Street between Pacific Highway and Tiedeman Street where parking is otherwise prohibited. Because of pavement widening, this area is no longer available for parking. Consequently, removal of this portion of the Code permitting parking is proposed. Three of the proposed revisions are to eliminate parking restrictions on streets that no longer exist. One such restriction is Pine Street at Main Street. The remaining two restrictions are along Villa Ridge Street, which was demolished and included into Pacific Highway improvements. Three other restrictions are proposed for elimination because they have been superseded by more restrictive ordinance amendments. There are two restrictions along portions of Summerfield Drive and a restriction along a portion of Bonita Road that have been superseded by amendments that cover the entire streets. A Finally, the twelve-hour parking restriction section (TMC 10.28.095 (1)) of the Chapter is proposed for elimination entirely. Currently, a restriction along SW 76`h Avenue is the only restriction in this section of the Code. This restriction has been superseded by a total prohibition of parking along SW 76`h Avenue. Further, other proposed twelve-hour parking restrictions are not expected in the future. Parking prohibitions between specific hours are more appropriate for use and are anticipated instead of blanket twelve-hour prohibitions. Consequently, elimination of this section of the Code is recommended. The proposed revisions have been reviewed by the Police Department and will not result in any changes to enforcement. c: Ron Goodpaster, Chief of Police Greg Berry Michael Mills I:\Eng\Gus\Memorandum\Proposed Amendments to the Parking Ordinance.doc Memorandum on Proposed Amendments to the Parking Ordinance Page 2 of 2 Agenda Item No.: 11 Meeting of. March 12, 2002 Packet Materials for Council Discussion of Options regarding MUR-2 Zoning Issues Raised during the Washington Square Regional Plan Implementation Public Hearing will-be available in hard copy by Friday, March 8, 2002 Contact the City Recorder's Office at 503-639-4171 for more information