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City Council Packet - 06/25/2002
Ord/,~~ CITY OF TIGARD OREGON TIGAR CITY COUNCIL MEETING JUNE 25, 2002 COUNCIL MEETING WILL E TELEVISED H:yeannieldocs\ccpkt3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 MEW ?eX.Ordes Copy Mayor's Agenda ICITY OF TIGARD OREGON C1ARD C1 ~ ._,.1, ~,7.. r•. . JL .t :.o v'` • l.&a~i+t YES~,.NUii try :MCA n 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 - June 25, 2002 page 1 AGENDA TiGARD CITY COUNCIL MEETING June 25, 2002 6:00 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss current and potential litigation under ORS 192.660(1)(h). Ail 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. • STUDY SESSION > Discuss Design/wild 8T Traditional Construction Process for the Library 7:00 PM 6 WELCOME - INDONESIAN DELEGATION 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 a Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. SWEAR IN POLICE CAPTAIN Police Chief Ron Goodpaster will swear-in Alan Orr to the position of Police Captain 7:40 PM 3. INTRODUCE INDONESIAN DELEGATION AND SIGN WORKPLAN 7:50 PM 4. VISITOR'S AGENDA (Two Minutes or Less, Please) COUNCIL AGENDA - June 25, 2002 page 2 Elm 111 -0 1 8:00 PM 5. 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: 5.1 Receive and File: Canvass of Votes for Measure 34-47, Relating to the Election on May 21, 2002 5.2 Authorize the Issuance of a Limited Tax Improvement Bond for the 691 Avenue Local Improvement District - Resolution No. No= 5.3 Reappoint Mike Benner to the Budget Committee and Appoint Tom Woodruff as Alternate to the Budget Committee; Reappoint Jane Smith to the Library Board and Appoint Suzan Turley as Alternate to the Library Board - Resolution No. VEM • 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. 8:05 PM 6. CONSIDER ORDINANCE APPROVING THE AT8tT MERGER WITH COMCAST • Staff Report: Administration Department • Council Consideration: Ordinance No. , Councilor. 1 move for adoption of the proposed ordinance. Councilor: 1 second the motion. Mayor. Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) Mayor Is there any discussion? I Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor: *Ordinance Rro. (is approved or fails) by a (unanimous or however votes were split) vote. COUNCIL AGENDA - June 25, 2002 page 3 8:10 PM 7. UPDATE ON THE SKA-TEB-A-10 PARK FAG!h!W 9 am - the Sk -ebe d PaFk Task FeYee 8:30 PM 8. ACCEPT BONITA PARK MASTER PLAN AND SELECT A NAME FOR THE PARK • Staff Report: Public Works Department Council Consideration: 1) Motion to accept the Master Plan; 2) Motion to select the name for the park 8:45 PM 9. ACCEPT SUMMERLAKE MASTER PLAN • Staff Report: Public Works Department • Council Consideration: Motion to accept the Master Plan 9:00 PM 10. PUBLIC HEARING (LEGISLATIVE) - CULTURAL INSTITUTION ZONE ORDNANCE AMENDMENT (ZOA2002-00002) REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: NIA. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. a. Open Public Hearing b. Summation by Community Development Department C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Consideration by Council: Ordinance No. I Councilor: I move for adoption of the proposed ordinance. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) COUNCIL AGENDA - June 25, 2002 page 4 Mayor Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor: *Ordinance No. . (is approved or fails) by a (unanimous or however votes were split) vote. 9:15 PM 11. CONSIDER AN AMENDMENT TO THE CURRENT WATER RATE SCHEDULE AND ADOPT A THREE-YEAR RATE SCHEDULE THAT REFLECTS THE INCREASES ASSOCIATED WITH PROVIDING WATER SERVICE Staff Report: Public Works Department Council Consideration: Resolution No. Elm Councilor: I move for adoption of the proposed resolution. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder. (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. please say "aye. " Councilors: Mayor: All of those opposed to adopting Resolution No. . please say "nay. " Councilors: Mayor: *Resolution No. (is adopted or fails) by a (unanimous, or however votes were split) vote. COUNCIL AGENDA - dune 25, 2002 page 5 EROSION 11111101111111 is~ III 9:30 PM 12. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 24 - SW GAARDE STREET 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. 0-2'=~1' ' Councilor: I move for adoption of the proposed resolution. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. , please say "aye. " Councilors: Mayor. All of those opposed to adopting Resolution No. please say "nay. " Councilors: Mayor: *Resolution No. (is adopted or fails) by a (unanimous, or however votes were split) vote. 9:35 PM 13. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 26 - SW 121ST AVENUE SOUTH OF ROSE VISTA DRIVE a. Open Public Hearing b. Summation by Engineering Department C. Public Testimony d. Staff Recommendation COUNCIL AGENDA - June 25, 2002 page 6 e. Council Discussion f. Close Public Hearing g. Consideration by Council: Resolution No. Councilor: 1 move for adoption of the proposed resolution. Councilor. I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) Mayor. Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. . please say "aye. " Councilors: Mayor. All of those opposed to adopting Resolution No. please say "nay. " Councilors: Mayor: *Resolution No. (is adopted or fails) by a (unanimous, or however votes were split) vote. 9:40 PM 14. PUBLIC HEARING - CONSIDER PROPOSED ASSESSMENT INCREASE FOR THE METZGER PARK LOCAL IMPROVEMENT DISTRICT a. Open Public Hearing b. Introduction by Administration Staff; Summation by Washington County Staff and Metzger Park Board Representative C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Consideration by Council: Resolution No.KY KY ~L. 44 Councilor: I move for adoption of the proposed resolution. Councilor. I second the motion. COUNCIL AGENDA - June 25, 2002 page 7 Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. . please say "aye. " Councilors: Mayor: All of those opposed to adopting Resolution No. , please say "nay. If Councilors: Mayor: *Resolution No. (is adopted or fails) by a (unanimous, or however votes were split) vote. 9:50 PM 15. COUNCIL LIAISON REPORTS 9:55 PM 16. NON AGENDA ITEMS 10:00 PM 17. 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. 10:10 PM 18. ADJOURNMENT I : W D WCAT HYkCCA\020625. D 00 7 COUNCIL AGENDA - June 25, 2002 page 8 Agenda Item No. Meeting of MINUTES TIGARD CITY COUNCIL MEETING June 25, 2002 Mayor Griffith called the meeting to order at 6:06 p.m. Council Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla (6:11 P.M.). EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:06 p.m. to discuss labor negotiations and current and potential litigation and under ORS 192.660(1 d) and (1h). Executive Session adjourned 6:25 p.m. STUDY SESSION: • ADMINISTRATIVE ITEMS: - The Council indicated it did not wish to review Council Groundrules at this time. - Update on Skateboard Park Facility was deleted from the agenda. Council received an update on June 18, 2002. • DISCUSSION OF 69TH AVENUE LOCAL IMPROVEMENT DISTRICT (LID) BOND Finance Director Craig Prosser relayed only U.S. Bank was interested in providing financing for the $1.3 million in assessments with 20-year financing and a prepayment option. He explained in today's market, banks didn't want to lend for such an extended time period. Specht Development, the majority property owner in the LID, has indicated they require the 20-year financing, despite the fact more favorable rates could be obtained if the life of the bonds was shortened. With an initial rate of 6.25 percent from the bank, and an additional 1.5 percent for City costs to administer the financing, the rate to property owners will be about 8.75 percent. Twelve property owners are involved in the LID; two have claimed financial hardship. One of these property owners is taking advantage of a senior assessment program through the State. There was a brief discussion of how financial arrangements with future LID participants would be handled. TIGARD CITY COUNCIL MINUTES - June 25, 2002 page 1 • DISCUSS DESIGN/BUILD 8t TRADITIONAL CONSTRUCTION PROCESS FOR THE LIBRARY City Engineer Gus Duenas described the types of project delivery methods being considered for construction of the new library. A memo and a Construction Procurement Strategy Analysis and Recommendation from Mr. Duenas was included in the Council packet and is on file in the City Recorder's office. Mr. Duenas stated the Construction Manager/General Contractor method was the method he preferred. He relayed this method would add reality to the design, offer a more collaborative working atmosphere, and would enable- the City to know the project's maximum cost earlier in the process than the other methods. He added this method was best suited to completing the project under budget and on time, and the method had been used with similar projects In the area. Mr. Duenas added this method would not eliminate the need for an owner's representative. Mr. Duenas explained using the Construction Manager/General Contractor method would require 14-day notice and a public hearing. The Council concurred with Mr. Duenas' recommendation. He indicated he would schedule the hearing and formal action for the July 23 Council meeting. • ADMINISTRATIVE ITEMS: - City Manager Monahan briefed the Council on a possible vistor's agenda topic - neighbors blockingoff a cul-de-sac for a fireworks parry. - City Manager Monahan distributed a Memorandum of Understanding Addendum No. 1 (work plan) with the Government of Kota Samarinda, Indonesia for the International Resource Cities Program. He briefed the Council on the Indonesian delegation's visit and the upcoming reception. Meeting recessed at 7:00 p.m. in order for the Council to attend a reception with the Indonesian delegation. Meeting reconvened at 7:32 p.m. TIGARD CITY COUNCIL MINUTES - June 25, 2002 page 2 mini 1. BUSINESS MEETING 1.1 The meeting of the Tigard City Council ez Local Contract Review Board was called to order by Mayor Griffith at 7:32 p.m. 1.2 Council Present: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla 1.3 Pledge of Allegiance 1.4 Council Communications ez Liaison Reports - None 1.5 Call to Council and Staff for Non-Agenda Items City Manager Bill Monahan stated item number seven had been removed from the agenda, as the Council had heard information on this topic at a recent meeting. Note: Item 2 was heard after item 3 2. SWEAR IN POLICE CAPTAIN ® Alan Orr, newly hired Police Captain, was introduced and sworn-in by Police Chief Ron Goodpaster. 3. INTRODUCE INDONESIAN DELEGATION AND SIGN WORKPLAN (MEMORANDUM OF UNDERSTANDING) City Manager Bill Monahan described the International Resource Cities Program. He introduced the five Indonesian visitors in attendance: Mochdar Hasan, Ali Fitri Noor, Rusman Yakub, Rosita Hafiedz, and Sopialena, a representative from the ICMA. Risk Manager Loreen Mills detailed the highlights of the Memorandum of Understanding (MOU). Mr. Yakub, Mr. Monahan, and Mayor Griffith signed the MOU. Mr. Hasan, on behalf of the Samarinda local government, expressed his thanks. Note: Item 2 was heard at this time 4. V-SITOR'S AGENDA Chris Garsteck, 11774 SW 125' Court, Tigard - Ms. Garsteck spoke in favor of the Summerlake Master Plan and advocated for the proposed dog park. TIGARD CITY COUNCIL MINUTES - June 25, 2002 page 3 Em IM 11 M11101 11 • Michelle Sittel, 17085 SW Eldorado, Tigard - Ms. Sittel also spoke In favor of the Summerlake Master Plan and the proposed dog park. 5. CONSENT AGENDA: Motion by Councilor Dirksen, seconded by Councilor Scheckla, to approve the Consent Agenda as follows: 5.1 Receive and File: Canvass of Votes for Measure 34-47, Relating to the Election on May 21, 2002 5.2 Authorize the Issuance of a Limited Tax Improvement Bond for the 691 Avenue Local Improvement District - Resolution No. 02-39 5.3 Reappoint Mike Benner to the Budget Committee and Appoint Tom Woodruff as Alternate to the Budget Committee; Reappoint Jane Smith to the Library Board and Appoint Suzan Turley as Alternate to the Library Board - Resolution No. 02-40 The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes Jane Smith, newly appointed Library Board member, and Tom Woodruff, newly appointed alternate to the Budget Committee, were in the audience and were recognized by the Council. 6. CONSIDER AN ORDINANCE APPROVING THE ATaT MERGER WITH COMCAST a. Assistant to the City Manager Liz Newton previewed the staff report and reminded the Council that this item had been discussed at an earlier meeting. She added the Metropolitan Area Communications Commission recommended passage of the ordinance and Tigard was the last jurisdiction to consider the merger. Councilor Scheckla, who serves on the Commission, indicated that all issues surrounding the merger had been resolved. TIGARD CITY COUNCIL MINUTES - June 25, 2002 page 4 b. Motion by Councilor Scheckia, seconded by Councilor Dirksen, to adopt Ordinance No. 02,24. ORDINANCE NO. 02-24 - AN ORDINANCE CONSENTING, WITH CONDITIONS, TO THE CHANGE OF CONTROL OF ATBtT CORP., THE INDIRECT PARENT COMPANY OF TCI CABLEVISION OF TUALATIN VALLEY, INC. AND DECLARING AN EMERGENCY The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 7. UPDATE ON THE SKATEBOARD PARK FACILITY Note: Item #7 was removed from the agenda 8. ACCEPT BONITA PARK MASTER PLAN AND SELECT A NAME FOR THE PARK a. Parks Manager Dan Plaza introduced this item and gave a PowerPoint presentation. His staff report and presentation are on file in the City Recorder's office. b. A discussion occurred whereby Mr. Plaza stated temporary restroom facilities could be put in prior to the installation of more sophisticated restroom facilities. TIGARD CITY COUNCIL MINUTES - June 25, 2002 page 5 C. Motion by Councilor Moore, seconded by Councilor Patton, to accept the Master Plan. The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes d. Motion by Councilor Moore, seconded by Councilor Patton, to name the new park located at Bonita and Milton Court "Bonita Park." The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 9. ACCEPT SUMMERLAKE MASTER PLAN a. Parks Manager Dan Plaza introduced this item and gave a PowerPoint presentation. Mr. Plaza described the proposed features and development projects in the west, central and east sections of the park. His staff report and presentation are on file in the City Recorder's office. b. Discussion of new parking spaces ensued. Mayor Griffith commented he liked the new parking space location because the off-street parking provided safer access to the children's play area. Councilor Dirksen noted the north side of the park was not addressed in the Master Plan. Mr. Plaza indicated an additional Master Plan would be needed to address this area. TIGARD CITY COUNCIL MINUTES - )une 25, 2002 page 6 III 1101111111110MI 00 i 1: C. Motion by Councilor Dirksen, seconded by Councilor Patton, to approve the Summerlake Master Plan as presented. The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - - Yes Councilor Scheckla - Yes 10. PUBLIC HEARING (LEGISLATIVE) - CULTURAL INSTITUTION ZONE ORDNANCE AMENDMENT (ZOA2002-00002) REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. a. Mayor Griffith opened the public hearing. b. Associate Planner Brad Kilby presented the staff report. He noted the Planning Commission unanimously approved the recommendation to conditionally permit cultural institutions within R-12 zoning. He added surrounding jurisdictions permit similar buildings within residential zones. Mr. Kilby provided the definition of a cultural institution, "Public or non-profit cultural facilities including libraries, museums, and galleries," from Tigard Development Code Chapter 18.130. C. Public Testimony: None. d. Staff recommended the Council adopt the proposed ordinance. e. Mayor Griffith closed the public hearing. TIGARD CITY COUNCIL MINUTES - June 25, 2002 page 7 f. Motion by Councilor Patton, seconded by Councilor Moore, to adopt Ordinance No. 02-25 ORDINANCE NO. 02-25 - A ZONE ORDINANCE AMENDMENT (ZOA2002-00002) TO AMEND THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.510 (TABLE 18.510.1) TO CONDITIONALLY PERMIT CULTURAL INSTITUTIONS IN THE R-12 ZONING DISTRICT The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 11. CONSIDER AN AMENDMENT TO THE CURRENT WATER RATE SCHEDULE AND ADOPT A THREE-YEAR RATE SCHEDULE THAT REFLECTS THE INCREASES ASSOCIATED WITH PROVIDING WATER SERVICE a. Utility Manager Dennis Koellermeier introduced this item and gave a PowerPoint presentation. His staff report and presentation are on file in the City Recorder's office. The proposed increases were as follows: 10 percent in 2002, 6 percent in 2003, and 6 percent in 2004. b. Mayor Griffith clarified these rate increases are the result of increases in the cost of water purchased by the City. Councilor Patton, who serves on the Intergovernmental Water Board, stated the Board agreed with the staggered methodology of the increase. A discussion regarding the accelerated construction of the City's water reservoir on the Alberta Rider school property and its impact on existing capital improvement projects and the reserve account ensued. i It was noted the multi-family rates listed on Exhibit A of the Fees and Charges Schedule were in error. Councilor Patton stated the cost for water and water service was going to be very expensive in the coming years. TIGARD CITY COUNCIL MINUTES - June 25, 2002 page 8 C. Motion by Councilor Patton, seconded by Councilor Dirksen, to adopt Resolution No. 02-41 RESOLUTION NO. 02-41 - A RESOLUTION AMENDING RESOLUTION 02-06 BY AMENDING EXHIBIT A THERETO AND INCREASING CERTAIN CHARGES IMPOSED FOR WATER The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes Recorder's Note: Incorrect multi-family rates (noted in discussion above) on Exhibit A, Fees and Charges Schedule, were corrected to reflect the appropriate percentage increases on the final document. 12. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 24 - SW GAARDE STREET a. Mayor Griffith opened the public hearing. b. Project Engineer Greg Berry summarized this item and gave a PowerPoint presentation. His staff report and presentation are on file in the City Recorder's office. Since the size of the lots vary greatly, Mr. Bent' proposed the cost of the project be divided proportionately among property owners. He continued by describing the highlights of incentive plan. He indicated this project needs to be completed in advance of upcoming street improvements. C. Public Testimony: None. d. Staff recommended the Council adopt the proposed resolution. e. Mayor Griffith closed the public hearing. TIGARD CITY COUNCIL MINUTES - June 25, 2002 page 9 f. Motion by Councilor Moore, seconded by Councilor Patton, to adopt Resolution No. 02-42 RESOLUTION NO. 02-42 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 24 (GAARDE STREET) The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 13. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 26 - SW 121 ST AVENUE SOUTH OF ROSE VISTA DRIVE a. Mayor Griffith opened the public hearing. b. Project Engineer Greg Berry summarized this item and gave a PowerPoint presentation. His staff report and presentation are on file in the City Recorder's office. He indicated this project needs to be completed in advance of upcoming street improvements. Councilor Patton clarified that since the estimated cost per owner was in excess of $15,000, each owner's portion would be $8,280 if they connect within three years. Other connection and inspection fees would also apply. C. Public Testimony: None. Mr. Berry noted he had spoken to the individual who had signed the testimony sheet and had answered her questions. d. Staff recommended the Council adopt the proposed resolution. e. Mayor Griffith closed the public hearing. TIGARD CITY COUNCIL MINUTES - June 25, 2002 page 10 WIN= 1101111111 f. Motion by Councilor Moore, seconded by Councilor Dirksen, to adopt Resolution No. 02-43 RESOLUTION NO. 02-43 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 26 (SW 121 IT SOUTH OF ROSE VISTA DRIVE) The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 14. PUBLIC HEARING - CONSIDER PROPOSED ASSESSMENT INCREASE FOR THE METZGER PARK LOCAL IMPROVEMENT DISTRICT (LID) a. Mayor Griffith opened the public hearing. b. City Manager Bill Monahan explained Washington County had requested the Council consider this item. Metzger Park Local Improvement District was formed in 1977. Since that time, nearly half of the area has been annexed into the City of Tigard. As a result, the proposed increase must be approved by the Cityl and the County. Mr. Monahan explained the proposed increase was from $.104 per $1,000 assessed value to $.156 per $1,000 assessed value. The increase would result in a $ 30,000 overall increase. Mr. Monahan introduced Washington County Facilities Manager Larry Eisenberg. Mr. Eisenberg talked about the rationale for the increase and how the funds would be allocated. He stated the increase would provide for the long-term stability of the park and would enable the County to prepare for the future needs of the park. C. Public Testimony Michael Donovan, 8080 SW Larch Street, Tigard - Mr. Donovan, Chairperson of the Metzger Park Advisory Board, spoke in support of the increase. Mr. Donovan described a new play structure and some of the activities that take place at the park. He stated the park funds were managed TIGARD CITY COUNCIL MINUTES - June 25, 2002 page 11 111MIS11=11 -MIMENEMEJ judiciously and it was prudent to plan for the future. He noted that out of 2,500 notifications, only four remonstrances were received. Mayor Griffith inquired if Chris Wayland of Washington County Parks wished to comment. Mr. Wayland Indicated he was on-hand to answer any questions the Council might have. A brief discussion of how the LID was managed with other jurisdictions ensued. d. Staff recommended the Council adopt the proposed resolution. e. Mayor Griffith closed the public hearing. f. Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt Resolution No. 02-44 RESOLUTION NO. 02-44 - A RESOLUTION OF THE CITY OF TIGARD APPROVING AN INCREASE IN THE LOCAL IMPROVEMENT DISTRICT (LID) ASSESSMENT FOR THE OPERATION AND MAINTENANCE OF METZGER PARK The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - - Yes Councilor Scheckla - Yes 15. COUNCIL LIAISON REPORTS Councilor Dirksen reported the next Commuter Rail meeting was scheduled for Thursday at 6:30 p.m. in Town Hall. Councilor Patton reported she would be attending a regional water meeting regarding the proposed Bull Run Drinking Water Agency on Thursday. 16. NON AGENDA ITEMS TIGARD CITY COUNCIL MINUTES - ]une 25, 2002 page 12 Councilor Dirksen suggested the Council respond to an NLC Action Alert regarding a proposed bill that would pre-empt state and local laws on collective bargaining for public safety employees. Council agreed a letter of opposition would be appropriate. Mr. Monahan stated he would draft the letter for the Mayor's signature. 17. EXECUTIVE SESSION: No Executive Session was held. 18. ADJOURNMENT: 9:15 p.m. Attest: Gr er A. Gaston, Deputy City Recorder L A" . . - 'J, yFffiyo is f ~?r Zate:--~/~ ~ g~.s~ ~3 . avL~a I: W D MXCATHY\C C W 020625. D 0C TIGARD CITY COUNCIL MINUTES - June 25, 2002 page 13 COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE (603)684-0360 NLegal oUc®TT 10094 NotDc BEAVERTON, OREGON 9.1075 Legla *City of Tigard CIT .0 R 13125 SW Hall 731vd. OREGON eTiga.r-d,Oregon 97223 'E Accounts Payable 0 NOTICE OF PUBLIC MIRING TIGARD CITY CojfN 'MEETING -.JUNE 25,-12002; 7:30 PM - TIGARID CITY.HALIL 13125 SW BALL BOULEVARD;'TIGARD; OREGON THE " ' AFFIDAVIT OF PU CONCERNING A PROPOSAL TO INCREASE STATE OF OREGON, ASSESSMENIT FOR TTIE METZGER PARK LOCAL ~ROVEMENT DISTRICT COUNTY OF WASHINGTON, ) s§' The, Tigard City Council received a request from Washington CAUntg. Kathy Snyder. to approve the proposed-increase n.'the.Metzger.Park Loci Improvement District assessment. Local improvement district pa~rtie~~, being first duly sworn, depose and say that .ipants now pay approximately $15.60 per"yea -(based on an. assessed Director, or his principal clerk, of theTiga~ . valuation of $150,000 for their property) and, -if the"proposed increase knent.would increase to $23.40 per year. '~~4. a newspaper of general circulation as defii is approved, the asses and 183.020; published at Ti ga r. ~i Council will conduct apubhc,hearing to hear testimony and then coif aforesaid county and state; that the Het j sider whether or not iu support this increase N o t- i s P_ Of b l i n Ha a r i n g/ 7 County staff members. and members of the Metzger..Pa* Advisoi ' a printed copy of which is hereto annexed, B6ard will be' at the hearitig to respond to questions Ol1F For more information,'coniia City Recorder Cathy Wheatley at 503 entire issue of said newspaper for 639-4171, em 2410 or by email: cagy ~ - consecutive in the following issues: 13y Caffi6ii a Why, CityRQCOrd~r TT 10094 -Publish June 20, 2002. June 20,2002 Subscribed and sworn to be re me this 20111 day of Jun--,2002 Lam.I Awalllrfmo OFFICIAL SEAL ary Public for Oregon N ROBIN OTARY A BURGESS PUBLIC-OREGON COMMISSION NO. 3.44589 I My Commission Expires: MY COMMISSION EXPIRES MAY 18, 2005 l I; AFFIDAVIT _ cs2 0 0 - o I i COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE (503)684-0380 Legel Notlc®TT 10 0 8 0 BEAVERTON, OREGON 97075 Legal Notice Advertising *City of Tigard a 13 Tearsheet Notice 13125 S[7 Hall Blvd. e Tigard, Oregon 97223 s O Duplicate Affidavit ;accounts Payable e AFFIDAVIT s I STATE OF OREGON, Q.a . , . SS.t R ' v':ax,prr~ COUNTY OF WASHINGTON,) I, Kathy Snyder being first duly sworn, depose and sa The-1ollowing will be-considered by the-•TYgard City Courieff-on Director, or his principal clerk, of the? T!esday Jiiie 23, 2002, mt 7:30 PM at the Tigard Civic Center - 1 a newspaper of general circulation as Towii Hall, 1312$.SW Hall Blvd., Tigard, Oregon..,. and 193.020; published at Tina Public oral or written testimony is invited. The public hearing ou this ;1 aforesaid county and slat that the matter will be held,under Title 18 and rules of procedure ted by Pu b l i_ c Hearing MA 2 0 0 2 - the Council and available at City Hall' or the rules ' of p `set forth m section 18.390.060E. , a printed copy of which is hereto anne Further information may -,be obtained from the City 'of Tigard 'I entire issue of said newspaper for Q Planning Division at 13125, SW Hall Blvd., Tigard, Oregon 97223 or, consecutive in the following Issues: by callin 503-639-4171. ; ZONE ORDINANCE AMENDMENT (ZDA) 21102.00002 . _ June 6, 2 0 0 2 >CULTURAL INSTITUTIO 3 C "REQUEST: A request to amen Table 18.510.1 of the, :Tigard Development Code to allow cultural institutions to'be allop+e¢;as-a conditional use within the R-12 zoning . district. LOCATION; _ Citywide. ZONE: NIA.' APPLICABLE REVMW;C13I'$8RIAi Statewide Planning Goals 1, 8, 9, 10 and 11; Cotrtp~heiisive Plaa Subscribed and sworn to before me 4~►i P°licies 1.1.1, 2.1.1, 2.1.2, 2.1,3, 5,1 and 12.4.1; and Commuiiiity . \ Development Code Chapters 18,380, 18.390 and 18.310. TT 10086 -,Publish June 6; 2002. nutury ruouc Tor Oregon i My Commission Expires: AFFIDAVIT CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of !Washington ) ss City of Tigard ) I, Cg-ow k 6 as i! o n . being first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places a copy of Notice of C~'" 'ag for the Council Meeting dated .Tca no T , a d' q acopy of said notice beefing hereto attached and by reference made a part hereof on the 7 ►n~ a v of SM D L. WISE NOTARY PUBLIC-OREG0.N COWAISSION NO.3206M PAY COMMISSION EXPIRES FES 11,2003 Subscribed and sworn to before me this _ day of 20 --L Notary Public for Oregon My Commission expires: 1(T O~ n:\Wgin\caffr atiposL1 CITY OF TIGARD NOTICE OF CHANGE IN CITY COUNCIL MEETING TIME Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546.0724) ❑ Lee Douglas, Regal Courier, (Fax No. 503-968.7397) ❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968.6061) JUNE 25, 2002 - 6:00 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice is hereby given that the Tigard City Council is changing Its meeting time from 6:30 p.m. to 6:00 p.m. on Tuesday, June 25, 2002, at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The study session that typically begins at 6:30 p.m. will begin at 6:00 p.m. The business portion of the meeting will begin at the normal time, 7:30 p.m. For further information, please contact City Recorder Catherine Wheatley by calling 503-639-4171 or at 13125 SW Hail Boulevard, Tigard, Oregon, 97223. City Recorder Post: City Hall Lobby Date of Notice: June 11, 2002 1:1ADWCATHY\CCAWOTICE MTG TIME CHANGE SS.DOC Affidavit of Posting In the Matter of the Proposed Cc C$ MUM) C f-ea,u - 4Y~ ~~~p t LZ~ STATE OF OREGON ) County of Washington) ss. City of Tigard ) I, being first duly sworn, on oath, depose and say: That I posted the followm`g in Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, a copy of Notice of Public Hearing of the M424 g~ - rOROSOd 66,50 ~r a l ~!1 car Oc~,~_~ , a copy of said Notice being hereto attached and by reference made a part hereof, on the day of ✓~,r,c~z . , 20 02 . (,a- Signature of Person who Perf med Posting Subscribed and sworn to before me this day of U-t s ? C , 20_p Signature of Notary Public for Oregon OFFICIAL SM 4 GREERAGASTON NOTARY KVJC4*W:WN ~ I 8009 I:IAJMIGREERIFORMSIAFFIDAVITSWFFIDAVIT OF POSTING - PUBLIC HEARINGAOC IN is Iffill, f ! r 1 NOTICE OF PUBLIC HEARING TIGARD CITY COUNCIL MEETING JUNE 25, 2002 7:30 PM - TIGARD CITY HALL 13125 SW HALL BOULEVARD, TIGARD, OREGON CONCERNING A PROPOSAL TO INCREASE THE ASSESSMENT FOR THE METZGER PARK LOCAL IMPROVEMENT DISTRICT The Tigard City Council received a request from Washington County to approve the proposed increase in the Metzger Park Local Improvement District assessment. Local improvement district participants now pay approximately $15.60 per year (based on an assessed valuation of $150,000 for their property) and, if the proposed increase is approved, the assessment would increase to $23.40 per year. The Council will conduct a public hearing to hear testimony and then consider whether or not to support this increase. County staff members and members of the Metzger Park Advisory Board will be at the hearing to respond to questions. For more information, contact City Recorder Cathy Wheatley at 503-639-4171, ext. 2410 or by email: cathyCci.tigard.or.us. By: Catherine Wheatley, City Recorder TT Publish June 20, 2002 I:WDM\PACKET'0Z200206251METZGER PARK NOTICE.DOC ~os~ec~ CA 0ju MEMO= 06/11/2002 12:06 FAX 5036847297 City of Tigard IM 001 TX REPORT TRANSMISSION OK TX/RX NO 4929 CONNECTION TEL 5036203433 SUBADDRESS CONNECTION ID TT Legal ST. TIME 06/11 12:05 USAGE T 00'45 PGS. SENT 2 RESULT OR FAX ITT L Date June 11, 2002 Number of pages including cover sheet 2 Sylvia Makinster From: Cath Wheatle ' To: Co: Communil~ Newspapers Co: City of Tigard Fax L) Fax 503-684-7297 Ph (503) 639-4171 Ext. 2410 SUBJECT: Legal Notice for June 20, 2002 Edition of the Tigard Times MESSAGE: Syliva, as I mentioned in my email communication to you dated today, here is a copy of the notice we would like published on June 20 in the Tigard Times. This notice concems a proposal to increase the assessment for the Metzger Park Local Improvement District. Thank you for your help. . s FAX TRANSMITTAL Date June 11, 2002 Number of pages including cover sheet 2 1 To: Sylvia Makinster From: Cathy Wheatle Co: Community Newspapers Cc: Cily of Tigard Fax ~L) 33 Fax 503-684-7297 Ph (503) 639-4171. Ext. 2410 SUBJECT: Legal Notice for June 20, 2002 Edition of the Tigard Times MESSAGE: Syliva, as I mentioned in my email communication to you dated today, here is a copy of the notice we would like published on June 20 in the Tigard Times. This notice concerns a proposal to increase the assessment for the Metzger Park Local Improvement District. Thank you for your help. 1:%ENO{FAX.DOT CITY OF TIGARD, OREGON AFFIDAVIT OF NOTIFICATION In the matter of the proposed STATE OF OREGON ) County of Washington) ss City of Tigard ) I, A-. s C©►'~ , being first duly swom, on oath, depose and say: Chcu-► to fin~ T.x~~ That I notified the following persons by phone or personal contact of the Notice of or tKe Council Meeting of _ , a cop yf said written notice being hereto attached and by reference made a part hereof on the .-[1- Lt2day of ,-~_?Z-- . CONTACT METHOD: PHONE PERSONAL DATE TIME Tigard Times Reporter at 684-0360 Name: IN Oregonian Reporter at 297-8861 or 639-9867 Name: Subscribed and sworn to before me this day of , ~9 BOO OFFICIAL SEAL ® L WISE NOTARY PUBUC-OREaON - COMMISSION NO. 320M Notary Public for Oregon MY COMMISSION EXPIRES FM. 11, 20@9 My Commission Expires: `7r j j ;JO-3 11Aadmlc3thytaHnol. doe CITY OF TIGA,RD NOTICE OF CHANGE IN CITY COUNCIL MEETING TIME Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Lee Douglas, Regal Courier, (Fax No. 503-968-7397) Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061) MINE 25, 2002 - 6:00 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice is hereby given that the Tigard City Council is changing its meeting time from 6:30 p.m. to 6:00 p.m. on Tuesday, June 25, 2002, at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The study session that typically begins at 6:30 p.m. will begin at 6:00 p.m. The business portion of the meeting will begin at the normal time, 7:30 p.m. For further information, please contact City Recorder Catherine Wheatley by calling 503-639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon, 97223. City Recorder Post: City Hall Lobby Date of Notice: June 11, 2002 1:%ADMICATHYICCAWOTICE MTG TIME CHANGE SS.DOC w► Ell I r 06411/2002 07:58 FAX 5036847297 City of Tigard IM 001 TX REPORT r TRANSMISSION OK TX/RX NO 4925 CONNECTION TEL 5039686061 SUBADDRESS CONNECTION ID Oregonian ST. TIME 06/11 07:57 USAGE T 00'28 PGS. SENT 1 RESULT OK CITY OF TIGARD NOTICE OF CHANGE IN CITY -COUNCIL MEETING TIME Please forward to. ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Lee Douglas, Regal Courier, (Fax No. 503-968-7397) Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061) JUNE 25, 2002 - 6:00 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice Is hereby given that the Tigard City Council Is changing its meeting time from 6:30 p.m. to 6:00 p.m. on Tuesday, June 25, 2002, at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The study session that typically begins at 6:30 p.m. will begin at 6:00 p.m. The business portion of the meeting will.begin at the normal time, 7:30 p.m. For further information, please contact City Recorder Catherine Wheatley by calling 503-639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon, 97223. ,(Lk CITY OF TIGARD NOTICE OF CHANGE IN CITY COUNCIL MEETING TIME Please forward to: Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Lee Douglas, Regal Courier, (Fax No. 503-968-7397) ❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061) JUNE 25, 2002 - 6:00 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice is hereby given that the Tigard City Council is changing Its meeting time from 6:30 p.m. to 6:00 p.m. on Tuesday, June 25, 2002, at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The study session that typically begins at 6:30 p.m. will begin at 6:00 p.m. The business portion of the meeting will begin at the normal time, 7:30 p.m. For further information, please contact City Recorder Catherine Wheatley by calling 503-639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon, 97223. City Recorder Post: City Hall Lobby Date of Notice: June 11, 2002 11AWACATHIICCAWOTICE MTG TIME CHANGE SS.DOC 06,411/2002 07:59 FAX 5036647297 City of Tigard Q001 TX REPORT TRANSMISSION OR TX/RX NO 4926 CONNECTION TEL 5035460724 SUBADDRESS CONNECTION ID TT Newsroom ST. TIME 06/11 07:59 USAGE T 00'52 PGS. SENT 1 RESULT OR CITY OF TIGARD NOTICE OF CHANGE IN CITY COUNCIL MEETING TIME Please forward to: Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) O Lee Douglas, Regal Courier, (Fax No. 503-968-7397) O Emily Tsao, The Oregonian, Metro SW (Fax No. 503.968-6061) )LINE 25, 2002 - 6:00 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice Is hereby given that the Tigard City Council Is changing Its meeting time from 6:30 p.m. to 6:00 p.m. on Tuesday, June 25, 2002, at Tigard Clty Mall, 13125 SW Hall Blvd., Tigard, Oregon. The study session that typically begins at 6:30 p.m. will begin at 6:00 p.m. The business portion of the meeting will begin at the normal time, 7:30 p.m. For further information, please contact City Recorder Catherine Wheatley by calling 503.639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon, 97223. CITY OF TIGARD NOTICE OF CHANGE IN CITY COUNCIL MEETING TIME Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) Al"Lee Douglas, Regal Courier, (Fax No. 503-968-7397) ❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061) JUNE 25, 2002 - 6:00 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice is hereby given that the Tigard City Council is changing its meeting time from 6:30 p.m. to 6:00 p.m. on Tuesday, June 25, 2002, at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The study session that typically begins at 6:30 p.m. will begin at 6:00 p.m. The business portion of the meeting will begin at the normal time, 7:30 p.m. For further information, please contact City Recorder Catherine Wheatley by calling 503-639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon, 97223. Lek City Recorder Post: City Hall Lobby Date of Notice: June 11, 2002 I:%DM\CATHY\CCA\NOTICE MTG TIME CHANGE SS.DOC • 06/11/2002 08:02 FAX 5036847297 City of Tigard I M001 TX REPORT TRANSMISSION OK TX/RX NO 4927 CONNECTION TEL 5039687397 SUBADDRESS CONNECTION ID Regal Courier ST. TIME 06/11 08:01 USAGE T 00'59 PGS. SENT 1 RESULT OK CITY OF TIGARD NOTICE OF CHANGE IN CITY COUNCIL MEETING TIME Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503.546.0724) LDouglas, Regal Courier, (Fax No. 503-968-7397) ❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061) JUNE 25, 2002 - 6:00 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard,, Oregon Notice Is hereby given that the Tigard City Council Is changing Its meeting time from 6:30 p.m. to 6:00 p.m. on Tuesday, June 25, 2002, at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The study session that typically begins at 6:30 p.m. will begin at 6:00 p.m. The business portion of the meeting will.begin at the normal time, 7:30 p.m. For further information, please contact City Recorder Catherine Wheatley by calling 503.639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon, 97223. City of Tigard, Oregon Affidavit of Posting CITY OF TIGA,RD OREGON In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) being first duly sworn, on oath, depose and y: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) ----LO ~ O;)-Q%,iwhich were adopted at 1033; p ~'4~ 0~1 - o1S the City Council meetinoof S=Q ~a- -11- ~ - .with copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ day of , 20O 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon oF~cuu.s~ SHERMAN AW PUBUC-OREGON Subscribed and sworn to (or affirmed) limOMMISSION (EXPIRES MAY 93,2003 before me this day of 20--.!!: Z, ~I Notary Public for Oregon.., 1\TIG333%USR\DEPTS\ADM\GREERTORMS\AFFIDAVITS\AFFIDAVIT OF POSTING ORDINANCE.DOC ~~M!1111111 ~ 111101=N~~j CITY OF TIGARD, OREGON ORDINANCE NO. 02- 2 AN ORDINANCE CONSENTING, WITH CONDITIONS, TO THE CHANGE OF CONTROL OF AT&T CORP., THE INDIRECT PARENT COMPANY OF TCI CABLEVISION OF TUALATIN VALLEY, INC. AND DECLARING AN EMERGENCY. WHEREAS, the Metropolitan Area Communications Commission, hereinafter "MACC," is an intergovernmental commission formed under ORS Chapter 190, with Washington County and the cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Rivergrove, Tigard, and Tualatin as members; and WHEREAS, TCI Cablevision of Tualatin Valley, Inc., whose indirect parent company is AT&T Corp., hereinafter "AT&T," is the Grantee under a Cable Television Services Agreement approved by MACC and its member jurisdictions, dated February 1, 1999, hereinafter "Franchise;" and WHEREAS, AT&T and Comcast have agreed to merge their companies to create the new AT&T Comcast Corporation. AT&T has requested the consent of the MACC member jurisdictions for a change of control, by filing a Federal Communications Form 394 with MACC and with each member jurisdiction thereof, pursuant to Section 17.2 of the Franchise; and WHEREAS, federal law establishes a procedure and criteria for local franchise authorities to review requests for changes of control to assess the legal, technical, and financial ability of the new controlling entity to assure their obligations will continue to be performed under the terms and conditions of the Franchise, as amended; and WHEREAS, MACC staff has reviewed the Form 394 from AT&T Corp. and has requested and reviewed certain additional information from both AT&T and Comcast, including assurances made by each entity, in order to assess the legal, technical, and financial qualification of the Grantee to continue to perform as required by the Franchise; and WHEREAS, MACC held a public hearing on May 9, 2002, wherein it received public testimony and written and electronic communications; and WHEREAS, MACC has received a letter of assurance from AT&T, wherein AT&T agrees to abide by the terms and conditions of the Franchise as amended and recognizes significant local issues of concern, which letter of assurance is attached hereto as Exhibit A; and ORDINANCE No. 02- 2 Page 1 WHEREAS, following consideration of testimony received during the public hearing and the full record of those proceedings, the Commission unanimously adopted Resolution No. 2002-04 recommending approval of the transfer request to its member jurisdictions, attached hereto as Exhibit B; and WHEREAS, THE City Council deems it to be in furtherance of the public interest and the welfare of its citizens to consent to the transfer request; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The findings of MACC demonstrate that the applicant's legal, technical, and financial qualifications to perform under the Franchise are adequately assured. SECTION 2: The City Council hereby consents to the change of control of AT&T Corp. as set forth in the Federal Communications Form 394, pursuant to Section 17.2 of the Franchise. SECTION 3: The consent granted herein shall not take effect until all of the following conditions are met: a. Grantee shall continue to comply with all local laws, agreements, and Franchise requirements consistent with applicable federal and state law; b. Each of the members of MACC has approved the Application for the Change of Control by a duly authorized enactment of each jurisdiction's governing body; c. MACC staff's formal written determination that all member jurisdictions have so consented; and d. Completion of the merger, as identified in the Form 394, by midnight, May 10, 2003. SECTION 4: The City Manager or his designee are authorized to execute and file a copy of this Resolution with MACC. SECTION 5: The City Council finds that it is necessary that this ordinance become effective by July 2, 2002 to meet the deadline established by federal law. Therefore, an emergency is declared to exist, and this ordinance shall take effect immediately upon passage by the City Council, signature by the Mayor and the filing with the City Recorder. ORDINANCE No. 02- 2 4 Page 2 PASSED: By 1Jna 1jM0 &ote of all Council members present after being read by number and title only, this _ :?-N1day of Greer A. Gaston, Deputy City Recorder APPROVED: By Tigard City Council this ay of S. -P--' ,4000- 20!62. X e,4!es E. Gl~f i Wyor A proved as to form: 1 Attorney Date I: WOMIORGINANCATT-GOMCAST MERGERAOG ORDINANCE No. 02--Z-4 Page 3 EXHIBIT A May 7, 2002 Mr. Bruce Crest MACC Administrator 1815 NW 169th Place, Suite 6020 Beaverton, OR 97006 RE: FCC Form 394 Filed March 4, 2002 - MACC AT&T Corp. Merger Transaction Dear Mr. Crest: We understand that the Metropolitan Area Communications Commission and its member jurisdictions (.*Franchising Authority") have several concerns relating to certain compliance. matters under the franchise held by TCI Cablevision of Tualatin Valley, Inc., a.k.a. AT&T Broadband ("Franchisee"). The. Franchising Authority.has notified Franchisee of its concern that it would not be appropriate to approve a change of control prior to resolution of alleged franchise violations with respect to the following issues. There are two categories of issues needing documentation: first, those issues the Franchisee has received notice of pending violations; and second, those issues that may be noncompliance issues. The issues are more specifically set forth below: Current pending franchise violations: (1) Credit of 30 cents per month for each subscriber whose service has not been upgraded as required under the franchise; (2) Franchisee's compliance with franchise customer service standards and requirements, particularly telephone answering violation of 4t' Quarter 2001 standard is not yet cured; and (3) System design of the Upgraded PCN was not built as required by the Franchise Agreement and serviceability. Potential noncompliance issues: (4) Franchisee's notification that it will not collect or pay franchise fees based on revenues derived from its cable modem Internet service as of April 1, 2002; (5) Franchisee's dispute resolution policies and procedures relating to disputes between the subscriber and Franchisee; 0 . s Mr. Bruce Crest May 6, 2002 Page 2 (6) Use of the Franchising Authority's public rights-of-ways, and use of Franchisee's facilities by others within the Franchise Authority's public rights-d- way; (7) Franchisee's decision to recover the cost of franchise fees on certain non- residential subscriber revenues from residential subscribers (the so-called "Pasadena pass-through"); and (8) Reporting related to the Upgraded PCN regarding system problems (e.g. 'trouble tickets"). In order to successfully complete the consent process currently taking place by the Franchising Authority on the change of control of AT&T Broadband and Comcast Corporation ("Merger") by July 2, 2002, as agreed to by the Franchise Authority and the companies, the Franchise Authority and the companies agree to discuss the-identified issues towards reaching mutually satisfactory resolutions, separate and independent from the consent process. The parties agree to meet within 120 days from May 9, 2002, and make good faith efforts to resolve the identified issues within six (6) months. It is understood that the consent to the change of control of this Franchise shall not extinguish the Franchising Authority's right and ability to pursue any remedy against Franchisee available under the Franchise with respect to any compliance issues not mutually resolved. This letter may be referenced in any action taken. by the Franchising Authority concerning the proposed change of control or Franchise compliance. It is also understood and agreed that the Franchising Authority and the Franchisee shall not be deemed or construed to have waived any claims, actions, or defenses with respect to identified issues, or other possible or alleged Franchise violations that remain unresolved. By signing below the parties acknowledge and agree to the matters described herein above. By: MACC By: TCI Cablevision of Tualatin Valley, Inc. Bruce Crest - Administrator Curt Henninger - Senior Vice-President EXHIBIT B METROPOLITAN AREA COMMUNICATIONS COMMISSION RESOLUTION NO. 2002- 04 A RESOLUTION CONSENTING TO THE CHANGE OF CONTROL OF AT&T CORP., THE INDIRECT PARENT COMPANY OF TCI CABLEVISION OF TUALATIN VALLEY, INC., WITH CONDITIONS, AND RECOMMENDING APPROVAL OF THE CHANGE OF CONTROL, WITH CONDITIONS, BY THE MACC MEMBER JURISDICTIONS WHEREAS, the Metropolitan Area Communications Commission, hereinafter "MACC", is an intergovernmental commission formed under ORS Chapter 190, with Washington County and the cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, Icing City, Lake Oswego, North Plains, Rivergrove, Tigard, and Tualatin as members; and WHEREAS, TCI Cablevision of Tualatin Valley, Inc., whose indirect parent company is AT&T Corp., hereinafter "AT&T', is the Grantee under a Cable Television Services Agreement approved by MACC and its member jurisdictions, dated February 1, 1999, hereinafter "Franchise'; and WHEREAS, on March 4, 2002, MACC received a Federal Communications Commission ("FCC") Form 394, by which AT&T requested approval by MACC and its member jurisdictions of a change of control. Under the proposal, the ultimate parent of the Grantee will be merged with Comcast Corporation to form a new ultimate parent corporation, AT&T Comcast Corporation; and WHEREAS, following completion of the transactions forming the change of control, the Grantee will be controlled by AT&T Comcast but will continue to operate the cable system and continue to hold and be responsible for performance of the cable franchise; and WHEREAS, Federal law and Section 17.2 of the Franchise authorize MACC and its member jurisdictions to review any proposed change, transfer, or acquisition of control, including the proposed transaction, in order to determine the impact on the Grantee's ability to perform the Franchise obligations based on the legal, financial and technical qualifications of the transferee; and WHEREAS, the Section 17.2 of the Franchise further authorizes MACC and its member jurisdictions to address the resolution of any outstanding issues of noncompliance with the terms and conditions of the Franchise in conjunction with any request for change of control; and WHEREAS. AT&T Comcast has stated that the Grantee will continue to comply with the lawful terms and provisions of the existing Franchise and agreements following the Merger, and all parent guarantees will remain in place; and 2 WHEREAS. the Grantee and NIACC have, in a separate agreement (attached hereto as Exhibit A), documented the existence of certain relevant issues concerning the Grantee's performance under the Franchise, and the Grantee has committed to exercise good faith efforts to resolve such issues separate and apart from the consent process; and WHEREAS, MACC staff and consultants have reviewed the proposal pursuant to the above criteria and commitments, and have recommended approval of the proposal, provided certain assurances and considerations are obtained from AT&T in the public interest and contingent on approval by MACC member jurisdictions; and WHEREAS, the Commission conducted a duly noticed public hearing on May 9, 2002; NOW, THEREFORE, DE IT RESOLVED BY THE BOARD 00 COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION: Section 1. Commission Action on Form 394 Application. The Commission hereby approves the Application for Change of Control, as submitted March 4, 2002, subject to the conditions contained herein. Section 2. Recommendation to Member Jurisdictions. The Commission hereby recommends that each of the member jurisdictions approve the Application for Change of Control by duly authorized enactment of each jurisdiction's governing body, subject to the conditions set forth in Section 3, below. Section 3. Conditions A. The approval recommended herein shall not take effect until such time as each of the following conditions are met: 1) MACC and its member jurisdictions' consent to the change of control shall not be construed to constitute a waiver or release of any rights they may have under the Franchise and any separate written agreements with the Grantee; and 2) Grantee shall continue to comply with all valid local laws, agreements, and Franchise requirements consistent with applicable federal And state law, and 3) Grantee and the Guarantor of the Franchise acknowledge the conditions of transfer approval in writing; and 3 4) Each of the members of MACC has approved the Application for Change of Control by duly authorized enactment of each jurisdiction's governing body; and 5) The merger transaction between AT&T Corp. and Comcast Corporation shall close consistent with the terms identified in the Form 394 and the supplemental information provided by the Grantee through the request for information process undertaken by MACC. q B. Approval of the Change of Control will be null and void if-the merger transaction between AT&T Broadband and Comcast Corporation does not close by midnight May 10, 2003. ADOPTED BY THE BOARD OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION this 9th day of May, 2002. Dean Gibbs, Chair Attachment: !Exhibit A EXHIBIT A TO MACC RESOLUTION 2002-04 May 7, 2002 , Mr. Bruce Crest MACC Administrator 1815 NW 169th Place, Suite 6020 Beaverton, OR 97006 RE: FCC Form 394 Filed March 4, 2002 - MACC AT&T Corp. Merger Transaction Dear Mr. Crest: We understand that the Metropolitan Area Communications Commission and its member jurisdictions ("Franchising Authority") have several concerns relating to certain compliance matters under the franchise held by TCI Cablevision of Tualatin Valley, Inc., a.k.a. AT&T Broadband ("Franchisee"). The Franchising Authority.has notified Franchisee of its concern that it vmuld not be appropriate to approve a change of control prior to resolution of alleged franchise violations with respect to the following issues. There are two categories of issues needing documentation: first, those issues the Franchisee has received notice of pending violations; and second, those issues that may be noncompliance issues. The issues are more specifically set forth below. Current pending franchise violations: (1) Credit of 30 cents per month for each subscriber whose service has not been upgraded as required under the franchise; (2) Franchisee's compliance with franchise customer service standards and requirements, particularly telephone answering violation of 4t' Quarter 2001 standard is not yet cured; and (3) System design of the Upgraded PCN was not built as required by the Franchise Agreement and serviceability. Potential noncompliance issues: (4) Franchisee's notification that it will not collect or pay franchise fees based on revenues derived from its cable modem Internet service as of April 1, 2002; (5) Franchisee's dispute resolution policies and procedures relating to disputes between the subscriber and Franchisee; i J Mr. Bruce Crest May 6, 2002 Page 2 (6) Use of the Franchising Authority's public rights-of--gays, and use of Franchisee's facilities by others vOthin the Franchise Authority's public rights-of- way; (7) Franchisee's decision to recover the cost of franchise fees on certain non- residential subscriber revenues from residential subscribers (the so-called "Pasadena pass-through"); and (8) Reporting related to the Upgraded PCN regarding system problems (e.g. "trouble tickets"). In order to successfully complete the consent process currently taking place by the Franchising Authority on the change of control of AT&T Broadband and Comcast Corporation ("Merger") by July 2, 2002, as agreed to by the Franchise Authority and the companies, the Franchise Authority and the companies agree to discuss the-identified issues towards reaching mutually satisfactory resolutions, separate and independent from the consent process. The parties agree to meet within 120 days from May 9, 2002, and make good faith efforts to resolve the identified issues within six (6) months. It is understood that the consent to the change of control of this Franchise shall not extinguish the Franchising Authority's right and ability to pursue any remedy against Franchisee available under the Franchise with respect to any compliance issues not mutually resolved. This letter may be referenced in any action taken. by the Franchising Authority conceming the proposed change of control or Franchise compliance. It is also understood and agreed that the Franchising Authority and the Franchisee shall not be deemed or construed to have waived any claims, actions, or defenses with respect to identified issues, or other possible or alleged Franchise violations that remain unresolved. By signing below the parties acknowledge and agree to the matters described herein above. By: MIACC By: TCI Cablevision of Tualatin Valley, Inc. Bruce Crest - Administrator Curt Henninger - Senior Vice-President CITY OF TIGARD, OREGON ORDINANCE NO.02--2..~ A ZONE ORDINANCE AMENDMENT (ZOA2002-00002) TO AMEND THE LANGUAGE OF THE TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.510 (TABLE 18.510.1) TO CONDITIONALLY PERMIT CULTURAL INSTITUTIONS IN THE R-12 ZONING DISTRICT. WHEREAS, the applicant requested a Zone Ordinance Amendment to allow cultural institutions to be conditionally permitted within the R-12 zoning classification; and WHEREAS, the City of Tigard Planning Commission held a public hearing on May 20, 2002 and recommended approval of the proposed amendment by motion and a unanimous vote in favor of the recommendation; and WHEREAS, the City Council held a public hearing on the request on. June 25, 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 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 18.510, Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5. 1, and 12.2.1, and Statewide Planning Goals 1,8, 9, 10, and 11; 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: 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 LL1h21V MQU.5 vote of all Council members present after being read by nuanber and title only, this 151ft day of --.M4 W- , 2002. ORDINANCE No. 02-.2s:5- Page 1 Greer A. Gaston, Deputy City Recorder APPROVED: By Tigard City Council this a?-%5--"*) day of .2002. A. 1 '41 J# AIA~ es E. Grif , y Ap oved as to form: i Attorney Date ORDINANCE No. 02 =Zb5- Page 2 loll 111111 EXHIBIT "A" PROPOSED COMMUNITY DEVELOPMENT CODE LANGUAGE CHANGE Strokeeut: Text being deleted ffmim: Text being added TABLE 18.510.1 USE TABLE USE CATEGORY CIVIC (INSTITUTIONAL) R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R-40 Cultural Institutions N N C C C N N AGENDA TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW June 25 2002. The Study Session Is held In the Red Rock Creek Conference Room. Enter at the bade of Town Hall. Tne Coundl encourages Interested dtrzens to attend A or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, tine Council may move the Study Session to the Town Hall. • Executive Session The Tigard City Council will go into Executive Session to discuss current and potential litigation and labor negotiations under ORS 192.660(1) (h) and (d). 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. • Study Session Discuss Design/Build 8r Traditional Construction Process for the Library / Discuss 691 Avenue Local Improvement District Bond • Administrative Items i' Linguistic changes (not affecting content) were made to the Water Rate Adjustment Resolution Corrected Biographical Sheet for Appointees. (Barbara Bennett Peterson's biographical information was listed instead of Suzan Turiey's.) / lane Smith, who is being reappointed the Library Board, will attend tonight's meeting. Distribute Council Croundrules y Agenda Item No. 4 - Update on Skateboard Park Facility to be deleted from the agenda. Council received an update on June 18, 2002 so' MOWN 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 dosed to certain persons for deliberation on certain matters." Permissible Purposes for Exec-itive'Sessions: 192.660 (1) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (1) (b). - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (1) (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 (1) (e) - Real property transaction negotiations. 192.660 (1) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (1) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body Is competing with other governing bodies. 192.660 (1) (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (1) (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) (j) - 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. 1:=KCATHY%COUNCIL\CCLIST%020625.DOC w CITY OF TIGARD, OREGON RESOLUTION NO. 02- A RESOLUTION AMENDING RESOLUTION 02-06 BY AMENDING EXHIBIT A THERETO AND INCREASING CERTAIN CHARGES IMPOSED FOR WATER SERVICE WHEREAS, Section 12.10.130 of the Tigard Municipal Code provides that fees and charges for water and water-related services shall be established by resolution of the City Council; and WHEREAS, the current water rates are those set by Resolution No. 02-06 as shown in Exhibit A to that resolution; and WHEREAS, the City Council finds that the existing water rates, together with other dedicated funding sources, do not fully cover the City's costs associated with providing water service, including capital, operations, maintenance and administrative costs of the water system and that a rate increase is therefore needed; and WHEREAS, the City's costs are rising steadily and the City is able to project its costs through October, 2004, and beyond, thus enabling the City to set rates for the periods from October 1, 2002 to September 1, 2003 and from October 1, 2003 to September 1, 2004, and from October 1, 2004 on; and WHEREAS, the City finds that the increased fees as shown in Exhibit A are set at a level designed to recover the City's costs without creating surplus revenues. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution 02-06 is hereby amended by amending Exhibit A to that resolution to read as shown in Exhibit A attached hereto and incorporated by this reference. SECTION 2: This resolution is effective October 1, 2002 EFFECTIVE DATE: PASSED: This day of . 2002. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO.02-_ Page 1 5f~c~. ~S~sion Z~rDZ- AOL CITY OF TIGARD Engineering Department ShapingA 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: June 20, 2002 SUBJECT: Procurement of the New Tigard Library Construction The selection of the project delivery method for construction of the New Tigard Library requires careful consideration. We want the library to be constructed on time, within the budget established, and at a level of quality that meets the expectations of the citizens and the City staff. Public agencies have traditionally employed the design-bid-build method of project delivery for the construction of public projects. However, the traditional method is not always the best way to successfully complete such projects as the Tigard Library. Alternative contracting methods that provide opportunities for success which are not available through the traditional design-hid-build process are often chosen for such projects. The use of an alternative contracting method in Oregon requires an exemption from competitive bidding (ORS 279.015). For the Library project, that exemption can be granted by the Local Contract Review Board. The City's Local Contract Review Board must make findings at a public hearing that: • It is unlikely that such exemption will encourage favoritism or substantially diminish competition for the contract; and • The awarding of a CM/GC contract pursuant to the exemption will result in substantial cost savings to the City. Attached is a report that analyzes the traditional method and compares its pros and cons with two alternative contracting methods-the design-build process and the Construction Manager/General Contractor (CM/GC) method. The report describes each of the three methods, EMS 111,1111111MIJ lists some of the advantages and disadvantages of each, reviews the applicability of each method to the Tigard Library, then recommends the CM/GC project delivery method as the one that provides the most opportunity for successfully constructing the new Tigard Library with time constraints, cost, and quality as major considerations. The report includes the findings that must be submitted to the Local Contract Review Board to justify an exemption for use of the CM/GC method. We therefore recommend that the City procure the construction of the New Tigard Library through the Construction Manager/General Contractor project delivery method. The CM/GC method allows the City control of the design throughout most of that process, ensures that constructability of the project is addressed during the design phase, and provides the City with a Guaranteed Maximum Price (GMP) before the design plans and specifications are completed. This project delivery method encourages a collaborative effort among the participants and provides the City with the best opportunity to complete the new library in a timely manner, within budget, at the level of quality expected, and with a minimum of changes during the construction phase. Attachment c: Craig Prosser Margaret Barnes Jim Hendryx Vannie Nguyen John Roy Greg Berry I:\Eng\Gus\Memorandums\Prucurement of New Library Construction.doc Memo to Council Regarding Procurement of the New Library Construction Page 2 of 2 25,02- NEW TIGARD LIBRARY PROJECT CONSTRUCTION PROCUREMENT STRATEGY ANALYSIS AND RECOMMENDATION APPROACHES TO CONSTRUCTION There are three major project delivery approaches that can be considered for the library project: 1. Traditional - Also known as the "design-bid-build " method. The City would first enter into a contract with an architect to design the library. Once the design is completed, bids to build the project would be requested. A separate contract would be awarded to the lowest bidder. Use of this method does not require Council approval. 2. Design/Build - The City enters into a single contract procured through a competitive selection process requiring proposals for both design and construction of the library. This project delivery method provides for a streamlined management structure with clear lines of responsibility and accountability. Project communication and coordination can be expected to be effective. This method is most appropriate for projects with many expected changes or difficulties and projects with tight schedules. The City has recently adopted rules for this method. 3. Construction Manager/General Contractor (CM/GC) - This project delivery method combines the traditional scope of work of the general contractor with that of a construction manager under a single contract with the City. The City would hire an architect, then procure the CM/GC firm (early in the design phase) through a competitive selection process to provide construction management and general contracting services. The contractor would advise the owner and the architect regarding the constructability and practicality of alternative design approaches, cost savings, cost estimating, scheduling, and approaches to subcontracting. Once the design has progressed to an acceptable level, the CM/GC firm submits a Guaranteed Maximum Price (GMP) for the project. After agreement on the GMP is reached, the GM/GC firm undertakes the construction of the facility. The CM/GC firm procures subcontracts with trade contractors through competitive bidding using multiple bid packages to construct the project and manages the construction process on behalf of the owner. The City has recently adopted rules for this method. Both the Design/Build and CM/GC approaches are procured through a request for proposal process rather than through a traditional bidding process. The principal features distinguishing the request for proposal process from the lowest bidder method are that price becomes only one of the factors involved in the selection, and the contractor becomes involved early in the project and is able to work more closely with the project designer. These features of the request for proposal process create both advantages and disadvantages. New Library Procurement Analysis and Recommendation Page 1 of 6 ADVANTAGES AND DISADVANTAGES The Design/Build and CM/GC methods share some common advantages and disadvantages. However, there are distinct differences between the two methods of procurement. The following provides some of the pros and cons inherent in each of the three methods under consideration. Traditional Advantages • Owner retains control over the design team • Quality can be assured through control of design elements • Capable of obtaining the best initial contract price for the full scope of work • Changes are readily made during construction subject to availability of funding • Is the most accepted method of procurement-does not require an exemption Disadvantages • Construction price is revealed late in the process-after the design documents are completed and the project is bid out v Project bid may come in over budget Could lead to delays through repackaging and rebid of the project • Awarding the contract to the lowest responsive bidder risks obtaining a construction contractor that may be difficult to deal with • Initial contract price may greatly increase through change orders during the construction of the project • The completed product may not perform as expected, even when constructed in accordance with the design documents • The process is not collaborative and could lead to adversarial relationships among the designer, the owner, and the construction contractor Design/Build Advantages • Price certainty is secured early • Allows the owner more discretion in selection of the contractor • Projects costs are typically reduced • Contract completion dates are fixed early • Construction expertise of the contractor can be fully incorporated • Should lead to faster completion-contractor adds expertise to the design team to ' identify aspects of the design that could create problems in construction • Negotiation can avoid the necessity for rebid of the project • Main contractor provides a single point of responsibility for design and construction • Contractor assumes all major risks New Library Procurement Analysis and Recommendation Page 2 of 6 Disadvantages • Oregon statutes (ORS 279.015) require that findings be made to justify use of this contracting method as an exemption to the more typical competitive bidding process • Perception of favoritism-increased flexibility and subjectivity can lead to this perception • Contractor assumes greater risk, which may be reflected in price • Control of design by the owner is greatly reduced • Control of quality becomes problematic • Project becomes price driven, often at the expense of quality • Perception of favoritism-increased flexibility and subjectivity can lead to this perception • Barriers to contractors with little experience--eventually may result in less competition • May not result in lowest price-public may perceive the City as spending unwisely • May not result in faster completion-process requires a relative ranking of qualifications, a more detailed review, as well as interviews and negotiations • The design-builder may have a tendency to conceal problems in design and construction • Bid protests are more likely Construction Manager/General Contractor Advantages • Partnering-allows for a collaborative effort resulting in a less adversarial relationship with the contractor • Allows the owner more discretion in selection of the contractor • Has a better chance of selection of the best qualified contractor rather than the contractor that offers the seemingly lowest price • Early interaction between the designer and the contractor allows for improved constructability and coordinated phasing plans for construction • Owner controls design and can assure quality in the final product • Price certainty is secured much earlier than in the traditional method • Construction expertise of the contractor can be fully incorporated • Negotiation can avoid the necessity for rebid of the project • Suits complex projects where the project can be bid in packages • Projects costs are typically reduced through contractor involvement in the design phase resulting in fewer changes during construction • Should lead to faster completion--contractor adds expertise to the design team to identify aspects of the design that could create problems in construction • Contractor assumes the risk once the Guaranteed Maximum Price (GMP) is given Disadvantages • Oregon statutes (ORS 279.015) require that findings be made Lo justify use of this contracting method as an exemption to the more typical competitive bidding process New Library Procurement Analysis and Recommendation Page 3 of 6 I 6 Perception of favoritism-increased flexibility and subjectivity can lead to this perception • Owner has no commitment from the contractor on price until the GMP is provided • Barriers to contractors with little experience-eventually may result in less competition • May not result in lowest price--public may perceive the City as spending unwisely • May not result in faster completion-process requires a relative ranking of qualifications, a more detailed review, as well as interviews and negotiations • Team concept needs collaboration among owner, designer and CM/GC-may be a problem if any of the three are not experienced in working under that concept o Bid protests are more likely APPLICABILITY TO THE TIGARD LIBRARY PROJECT Traditional: The traditional procurement method (design-bid-build) is certainly a viable way to proceed for construction of the new library. The City would retain control of the design elements throughout the design process. However, the major risks involved are: • The actual construction bid price becomes known late in the process • The construction bid for the project as designed may come in well over budget • A rebid may be necessary delaying the project • Cuts in the design elements may be necessary late in the process • The contractor awarded the low bid may not perform according to expectations • Problems during construction may lead to finger-pointing among the owner, the project designer and the contractor ® There is a tendency for more costly change orders under this method resulting in a higher total cost than expected Design-Build: The design-build approach does not seem well suited for the library project. The loss of control of the design is not desirable and could result in quality that is less than originally envisioned. The collaborative effort is more between the designer and the contractor than it is between the owner and the design-build team. The project may come in on time and within the budget, but the completed product may not meet the expectations of the City. This procurement method has its place and has been used successfully in Oregon. The Walnut Street office complex that now houses the Operations and Engineering staff of Washington County was procured through the design-build method. However, it seems better suited for those projects where general requirements can be provided and the actual design and implementation can be left up to the design-build team. The City would want more control on the design and quality of the library project than this delivery method allows. Construction Manager/General Contractor: This approach seems best suited for the library project. The City retains control of the design throughout that process until the Guaranteed Maximum Price (GMP) is submitted. The team approach is encouraged and should become a collaborative effort with the City, the designer and the CM/GC team working together throughout the entire process. Under CM/GC, the contractor becomes part of the team in the early stages of the project, working with the designer to prepare a New Library Procurement Analysis and Recommendation Page 4 of 6 now INIM11 mi cost-effective design and assisting in cost control and in methods and materials selection. The result should be better control of the schedule and budget and greater value for the owner. In discussions with Washington County and Multnomah County project managers, the feedback is that there are at least 20 firms in this area that have successfully constructed numerous projects using this project delivery method. The CM/GC project delivery method has proven its effectiveness time and again on public projects such as the PDX Terminal Expansion, Doembecher Children's Hospital, the Oregon Zoo Expansion, Washington County's Justice Building complex, and Multnomah County's libraries. The Request for Proposal (RFP) process for both Design/Build and CM/GC does not eliminate the need for an Owner's Representative to represent the City and monitor the project during the design and construction phases. In addition, neither method makes provisions for inspections of the project as it moves through construction. Inspections to ensure quality and adherence to the final plans and specifications would be the City's responsibility. The Owner's Representative and construction inspection services would have to be procured separately from either of these two RFP processes. RECOMMENDATION The New Tigard Library project should be constructed using the CM/GC project delivery method. The CM/GC method provides the City with the ability to provide input into the project design throughout most of that process, ensures that constructability of the project is addressed during the design phase, and provides the City with a Guaranteed Maximum Price before the design plans and specifications are completed. This project delivery method encourages a collaborative effort among the participants and provides the City with the best opportunity to complete the new library in a timely manner, within budget, to the level of quality expected, and with a minimum of changes during the construction phase. ACTIONS REQUIRED TO PROCEED WITH THE CM/GC METHOD Use of the CM/GC method requires an exemption from competitive bidding (ORS 279.015). The City's Local Contract Review Board must make findings at a public hearing that: • It is unlikely that such exemption will encourage favoritism or substantially diminish competition for the contract; and • The awarding of a CM/GC contract pursuant to the exemption will result in substantial cost savings to the City. The findings that will be submitted to the City's Local Contract Review Board to justify the exemption are: • The GM/GC is selected through a competitive selection process to provide both construction management and general contracting services. No reduction of New Library Procurement Analysis and Recommendation Page 5 of 6 competition is expected since the proposed process is open to the same contractors that would have participated in the traditional low bid method. Uniform evaluation criteria will be used in the selection of the CM/GC firm, and the construction work elements will be subcontracted and procured through open bids managed by the CWGC. • Substantial cost savings are expected through adoption of the CM/GC process: v This method has the potential for achieving significant cost savings through early involvement of the contractor in the design phase of the project. By having the contractor available in the early stages of the design; the contractor would be able to review the design, propose cost saving revisions, and ensure the constructability of the project so that costly change orders are less likely. a Construction of the library involves a wide range of construction elements ranging from the various building trades to public street improvements. Cost saving are expected from the CM/GC being able to separately contract for each of the elements. > The CMIGC method avoids the cost in time and money involved in rebidding of the project, should bids come in higher than expected. A traditional bid process runs the risk of obtaining bids that exceed the project budget. In the CM/GC project delivery method, construction costs are determined at an earlier time and changes to the design and scope of the project necessary to meet the project budget are more easily achieved. lAl:ng\Gus\Library Project\New Tigard Library Project Delivery Method Anaiysis.doc 9 1 i II New Library Procurement Analysis and Recommendation Page 6 of 6 Mo of M M M " f' AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : JUNE 25, 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 0 C s srEC,K <5u etL I-A KE VISITOR'S AGENDA Page 1 AGENDA ITEM # s FOR AGENDA OF June 25, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Indonesian Delegation Greeting & Work Plan Si fining PREPARED BY: Loreen Mills DEPT HEAD OK jZ& Li l Y MGR OK ISSUE BEFORE THE COUNCIL Formalize the next work plan with the Indonesian Delegation from the City of Samarinda, County of Kutai, East Kalimantan. STAFF RECOMMENDATION Formally greet the Indonesian Delegation and formally sign the work plan for the next 4 months. INFORMATION SiJMMARY The City of Tigard has been given a unique opportunity to work in partnership with the City of Samarinda, County of Kutai, East Kalimantan, Indonesia as well as Washington County. This is as part of the International Resource Cities Program which is funded by the U.S. Agency for International Development (USAID) and implemented by the International City/County Management Association (ICMA). In February, 2002, a delegation from Tigard & Washington County visited Samarinda and the County of Kutai and signed an agreement between the cities and counties and ICMA to accomplish the following between 2/02 and 12/03: Develop an improved citizen participation process based on communication between the city staff using more effective means; ➢ Create a solid waste recycling program and initiate education of the community on the benefits and practices of recycling; ➢ Design and carry out a training program in double entry accounting using the finance staff of Samarinda and Kutai as the staff trainers locally; and ➢ Prepare a matrix of potential revenue generating programs for Samarinda along with Kutai. During this month, a delegation of seven Indonesians visited Tigard and Washington County and trained with Tigard and County staff in the above areas. The Indonesians from Samarinda and Kutai and interpreters are: Samarinda ICMA Interpreters Mochdar Hasan, Local Planning Board Director * Kemal Taruc, Partnership Manager 1 Ali Fitri Noor, Finance Director Sopialena, Kalimantan Regional Coordinator Rusman Yakub, Vice Chairman of Council Johannes Tan, Interpreter from Portland Rosita Hafiedz, Finance Officer Tigard Interpreter Kutai Titi Lake, Interpreter from Beaverton Bachruddin Noor, Local Planning Board Director Totok Heru Subroto, Local Planning Board Professional Officer Jantje Taroreh, Health Department Officer The work plan for the next 4 months will be provided to the City Council prior to the meeting. It will be finalized with the Indonesian Delegation 6/21 through 6/24. The work plan will define the tasks the City of Samarinda and County of Kutai will perform between July and October in Indonesia and identify the training Tigard staff will provide in Indonesia during the month of October. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION CON IITTEE STRATEGY N/A ATTACBAMNT LIST N/A FISCAL NOTES Cost for this program is provided by USAID with the City providing primarily staff time. Loreen\H:\D0CS\Indonesia\6-02 trip\CC SUMMARY SHEET 6-25-02 mtg.doc ORANDUM OF UNDERSTANnING now M ADDENDUMNO'I da, Indonesia ADD Samann • SEpA~'MAN Govemn1ent of Kota NO )ENDUM NO.I of Tigard, Oregon, USA ADE Tirnur, Indonesia City for Pemerintahan Kota Samarinda, Kalimantan with International Resource Cities Program City of Tigard Gregor- USA U-otuk Internasional Pemberdayaan Kota AGREED Program Oregon, USA, and the City of Tigard, art,,, in the 2402, P (County ~,T1iEREAS, Kota Samarlnda, Indonesia, 16,ternational DISETUJUI of Understanding on February menandatangam signed a Memorandum sponsored by the In City Oregon telah cities Program (RCP) dan Kota Tig d ai mitts kenja untuk Resources 1 MENGINGAT, Kota Samariual 16 pebruari, 2002 sebag ng di a Ir-ei T1 Ole" Management Association (1CMA); and included an pads taagg emorandura of Understanding anticipation, NotaKesep kota (Resource Cities ProgramCYMA)~ dan , the February 16, 2002, M the areas of citizen P program pamberdayaaa ement Association( EggAS cal cooperation in ement, and Intemasioual City/County Mang mencakup action plan for techni management, and resource manag , Nota Kesepahaman i masyarakat, recycling, fmancial da, ads tanggal l6 Pebruari 2002to Kes ti part- ip community the government of Kota Samaria 2. MENGINGAT, P erjasama tehnik yang aan manajemen; dan representing USA, in June 2002 to receive of Tigard Oregon, anticipationd , community reucana pel t'm na k keuangan,danpennberday WHEREAS, a delegation naanajemen vid th the City a areas of citizen p lour Mang telah site rn ~ management*, an program tahan kota Samariada, Indonesia, iron and training manag mewakili pemerin 2002 untulr asi technical informs and revenue GAT, delegasi yang ads tanggal 21 Juni artisip financial manageruent, da, Indonesia, and 3 1,/iENGII`1 Kota Tigard, Oregon, U A, pa aan dengan penmgkatan p an recycling, eats of Kota Samaria mengunjungt .formasi dan pelatihan laksanaan manajemen keuang re resentatives of the govemm to amend the Memorandum of P mendapatkan elaksanaan daur nlang, tie W1~4ERRAS° Oregon, USA, agree s listed herein. step masyarakat, proses p the city of Tigard, Understanding to include results for the action peudapatan. Indonesia dau Kota Kota Samaria M1;TIGINGAT> wakil dan pemerint ahan Nota Kesep~n'an Yang q, on communication j melaksanOu STEPS: Oregon, USA, untuk tersebut di bawah in- ACTION rocess based ici anon Tigard, Orep pe~anaan seperti yang an im roved citizen art more etf cove mean . mencakup Develo staff usin vision and how to involve the pELANSANAAN• akat and didasarkan between the citizen and ci resent city TAB as ar staff on the present in ka kan eranan m 1. Educate all city date of the vision. n kan dan me ai staf kata secara efekttf. citizen in the evaluation and up vision an ada and how it Men em komunikasi antara ma ra dan staff are briefed and derstand the the vision emeriatah kota untuk m emahami dan dapat All will be evaluated and updated. dents assist in of vision I. Melatih semua staff p aimana melibatkanvmi iersebut.arakat untuk indicator: Staff from all city departments drafting menyampaikan ti~si kota setts en esuaian terhadaP a mengerd dan indicator: rocess en elasan sehingg evaluation Pro enhanced public meAgevaluasi dan meSemua staf d berikan P accomplishments• Indicator: 'Os d revisi. The vision document includes an memahamx' baga . visi a din- tersebut erabn'U P~ es evaluasi dan visi Indicator: involvement pr Staf ocess. dan se mua dims mem membuat draft bagaunana visi tersebut dilaksanakan• roses meningkad= Pew Berta Indicator: Dokumen visi mencakup P Indikator: masyarakat. the present city vyyra ent head educated on that eacs earth combe' pleted 2002 More staff is of the goals written ~ loyees be by Result: d arme l nt emP October uan es on the visi b by d staff in aiko tu3 spar bO 0201 untuk m~ be tukbuku The 5-Y as s~ff for evaluation Y T of 15 ebrh ban ota y to ah d~a amdapat membag awn Result: 20a Q tm will be formed comPn hare Ng 'mz Hash: dart v i k a kepala b : tan tetka udget co tree 15 citizens wand provide a sehingg Pura awai dibag A B councilors and et with citizens ns on the ka p da niasiu asp da bulan Septell *au dan Uo Tigard Result: jform process ation on the bcommumcation with ingpeg '2002- citrze ini a -an dumu dari vas' akan . staff dare 5 K o way any tab Akan d1evaluast Ole" for tiw gencana et. Hasi1: pelaks October 2002' dibentuk yang tetdb r k budg akar in effective dispute paniua Ai %gaa' nangg°n dewan Yang ang akat daft a departments rnasyar it umsur rnuyacak . auggar i d arah dengan vvarg • staff in all city ents are H informasi~ Taoseskom 2• Traiu key maneomrr►unicationtechniques• all city depaT . and melaks i auggaran' resolution and from resolution mengena tunitlkantortbab"sn nanagement staff dispute a kepala dims erselisihan Key in effective so Other city staff Indicator: trained techniques. fining staff nntukpair raengatasip cation k d professional axable a r of tra am pelat•►► roses an komnnikasi dan ~ dulatuh Fm to nical an P kan prO~ Mengada ed 2• at melakukan p kantorlbagra Tr March 2003 all tech untuk dap ra efektif. la dina~um i dan dapatmenfawl Indicator' that by pendapat secs Para kukau Proses komu s are trained. materials to conduct Indicator: dapat epa endapat secara efek is sudah a j~n tivotorlbagran .3119 ah staff lainnY will develop train- dda October 2402. pelseUsihan F Tigard Sams Y stafflcitixer►s by August n Para tkkepala dina1 melatih U m,.f profesional in fin ing S^^arnda 25 g aret 2043 sem Result: facilitati u X11 identify anF Samar facihtationuamm Indikator: raendapa M bul3n sehmggaPa~ a~pelatuhan• an.law Result: 2002 thatwill attend wi& relevant sudah rnendap peserta pelat October 2002- provide Tigard staff t 2002 for da akau mem '12h yang me alda staf k r' Tigard Sama~~d on staff and issues by Augur SaMSTO elakang dana1a a tersebutkeP Result: baGk~aon of training materials. ii b pa prep Has pembahasanPada 2. orangyang,erdiridan t dabulan Agus ota menetaPkan25 masy SamaTin a atau Mengkuu pelaaAn akat flasil: kepala 2002, Y 002. initiate padabulan Agustus adabulan OktOber 2esertaPelatrhan dan as a starting point, the public sebagai f tator P berikan data Pelesaikan kePada the vis! loyees and how da '30n men ang akau using where City emp o 'ta vision it h: S -rnasalaUb Aims 2002. 3• prOgfacVtateconmunicabon u dated Has . and Tigard Std Pads Wsu jai sebuah pr0~am evaluated an tl~e vision is arakat arson will be and updating ai langkah awal untuk men an rnas dan bagaimana for evaluating and at bertemu dera an visi The process to jlue public. unaka i sebag volvg , Mengg ° emerntah dap rae1nbiearka Indicator: made known meetings are held. dinana pars aPa roses komun' Uss, -yang series of community a vision 3 A staff to discuss th elakukan P dan direvisl• itahuka° dan m nisi akan diber Indicator: trained Grty visi tersebut dievaluasi 5evisi terluadaP Proses evuuasat umu g vaelibatkan has 3Tak t Um~ ter: kepada anak Indika Serangkaian pertemua a bicatakan visi akan tor: dan staff kota untuk m Indika resenting all city A list of key citizen contacts representing and mat Indicator. geographic, religious, business and xtiade available to city s~ daftar anggota many organizations is compiled 1) emermtahkota akan meny'1 wilayah kota, sepertl Indicator: yang mewakili semua unsur dalam departments. ag en i tnasyarakat, organisasi s with trained city staff on the Yang me atria, p S aha, organisasazaasy dan organisasi meeting kepemudaan, LSM(Lembaga Mast Begin community Result: August 2002. Citizens' Process is lainnYa vision in Empowering an sebelumnya Result: The .,Community TerlaksananYa Pertemuan antara staf kotayat tuituk nearly complete. Hasil: telah dberikan pel!iaan dengan masyarak membicaT mengemi Letnbaga Pemberdayaan departments Ilasil: penyelesaian. process for all city issues, M yarakat sedang dalam proses t a citizen involvement Tans, reporting 4. Develop and adop projects and P arakat pada setup on public ro ek dan which calls for obtaining input back to the p 4. Mengembang e at least annually ken dan menerapkau keter enge nver masy pelaksanaan p Y &an plans, and successes and repot~sa rent performance. mendapatkan masul rile°g sling sedikit setahun sekali through the budget Process on dep ated and bagian rrutuk ada masyarakat p ai Ole" divas. for is design melaporkannya kembali keP sudah dicag el department enetapan ;rnggaran dan basil Yang Indicator: A citizen involvement coordma comp melalut proses P bertugas untuk allocated sufficient authorit out the city's citizen Akan ditunjuk seorang daydinator yang cooperation in carrying Indicator: mengkoorditiir pemberayaan tnasyarakat, dan kordinator involvement cukup untuk melaktikakan involvement plan. an adopted citizen autoritas Yang Each department has the citizen involvement tersebut metniliki Indicator: is roved by kerjasama dengan dings lainnya• ken program Yang plan which approved dinar telah menerap P coordinator. Indicator: ingmas arakat yang dikoordh* oleh kordinator budget for 2004 includes measurable•and useful mebbatkan masy The city budget. mberdayaan tnasY t' Indicator: performance measures for each program araka Pe artuk tahun 2004 mencaimp ukuran involvement Rencana AngSgran rasing program will be designated citizen ~~j ment is made. Indicator: a yang berguna untuk mar S- Mochdar Hasan ent appoint Result: coordinator until a perman anggaran. of a citizen involvement plan for the planning be1dayaan masyymkat A draft October 2002. Akan ditunjuk sebagai kordimtor p bertugas Result: department will be completed by rarn budget in the Hasil: .Mpai terbentOMYa lembaga resmi Yang The Finance Director will include measurable menaugani togas tersebut Result: Performance measures for each prog Draft mengenai rencana pemberdayaan masy arakat Am 2004 Samariada budget. Hasil. diselesaikan padabulan October 2002• aikan basil kenerja Kepala Bagian Keuangan akan menyamP aran untuk pada Hasil: yang bergana untuk setiap penyusmmao anSS Anggaran 2004• ba 'an in-hour irainin evelo an iti_house trainin ro ram to im rove Samarinda accounting n D t accountin . akuntin en rac 'c s with em basis on doub e-e laksa elan ro am elatihan di resin -ma n ka an ke ada doubl trienin lcatkan rses dices akun tin with a focus untuk . staff in best accounting Pra Train Samarinda accounting person receives two-week on-the-job akunting Samarinda untuk melaksanakan P raktek akunting on double-entry acc° A Saida staff Melatih staff ada double-accounting. Yang bark dengan penekanan p Indicator: Dun orang in Tigard. baSian keuangan kota Samarinda akan akan wining Indikator: mendapatkan pelatihan di Tigard• so u" 5amarinda staff dev resents - in house tramung to . d staff mod' ass's~'ce from Tigar Indicator: Smu~nda staff P indicator: Smnminda accounting al, a rneelaksana da an kota m house trams ~ develop Bagiankeuang Sam ya g)• staff. an in b0usc uce the d°uble• uwy latibau di instans da akanmembenkon da accounting staff Indicator: program Pe ankota Samaria dibantu oleh Sarnarin and introd 2042. Baglan keuau% staff yang lainnYa dengan Result: training pr° t to staff by October to S~nannda Indikator: pelatihan keP dark Tigard accountin tall c`h'ill presenMing rcing the double- staff aku°tIng melaksanako Tigard staff October 2002 r cuterized double- Samarnnda aka erkenalkan Result: accounting th examPles of Excel kePdon mew lain. entry concept rankeuangau k rya di ius staff Has es to help in the i!: Bag prog~~~~g Bauble-~entry ~rg ik~epgada b~ entry. ~ accounting staff v4 begu►w 2o02~ beets to track revenue and kotnseP Tigard akarn member~~ bnlan October 2042 Samarin cotaS ~membeiikau Result: spreads October to help Nail: kengamkona ble nom' deng reconciliation process byd Bank of Amy vouchers er doublem ' k a dengan ,volt With Centml B" cancelled check , ne6ngka i tromput n are for receiving contoh sistem ta SaMarin atau da Wan Result: provide soft' . Bagiaukeuarng t~ me roses T peQd on CD-ROM i Bxcei bum proses ekonsil p Basil: sistem Vaal pengeluararn dalam Daerah &MBark 2 Memorandum of Olctobei 2042• m mBankPemba erangkat lunak do endnient to the TFebigluary e~on2U AI uS.Ps, on 3une 25, deng bantn membe Bekerj tlc erica Vasil: ° ROM unfit penca cek. y1YIEREAS, agreed to and signed in this al 16 PebruaTi 2002' Understanding ns tan pada bu] Tgg Oregon, U5A, 2002, ~''tt'tw° originals. A Amar►demen ini ditetaF ditandataugan' J~OTA 5 . MMNGUIGAT' telah disetujun dokument asfi. a llotag 25 Sun 2403, deng dun CITE OF piGARO tauggal ado A p KOTA SAND of Council ,O'pATIGABD ItusmanYakub' Vice Chao (Zuair of Council RID Crrth, Mayor RusmarnYrb, Vice aim Griffr Mayor ity planning Bd Chairman c Mochdar flasan, City Manager irmarn City PlanningBd• WilliannMonahan, Boson,` lvlochdar city ger Monahan, Mer William ership Manager ICMA genial Taruc, Partn ge1tsal Taruc, Partaerswp Manag lock ,~~,~1liDaN~~VIE!daRANOl7M OF ow, Doe 1. AGENDA ITEM # 5. I FOR AGENDA OF June 25, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Receive and File: Canvass of Votes for Measure 34-47, relating to the election on May 21.2002 PREPARED BY: C. Wheatley DEPT HEAD OK Lnd9ay CITY MGR OK ISSUE BEFORE THE COUNCIL Receive and File: Official Election Results for the May 21, 2002, Election STAFF RECOMMENDATION Receive and file the Summary Report prepared by Washington County with regard to Measure 34-47 that was on the May 21, 2002, ballot. INFORMATION SUMMARY Each time the City Recorder canvasses the votes as required by the Washington County Elections Division, a copy is filed with the City Council at a Council meeting in order to officially "receive and file" the information. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Copy of the Abstract of Votes for Measure 34-47 from Washington County relating to the election held on May 21, 2002. FISCAL NOTES The City is not charged for expenses associated with a primary election (ORS 254.046). I:WDMXPACKET'02\200206251RECEIVE AND FILE - ELECTION RESULTS.DOC WASHINGTON COUNTY OREGON June 4, 2002 RECEIVED C,O•T. City Recorder JUN 10 2002 Tigard City AfiminiSfrattt)f i 13125 SW Hall Blvd Tigard Or 97223 Enclosed you will find a copy of the Abstract of Votes for Measure 34-47 relating to the election held on May 21, 2002. In accordance with ORS 255.295, please canvass the votes and notify the Washington County Elections Division within thirty (30) days of receipt by signing and returning the bottom portion of this letter to: Washington County Elections Division 3700 SW Murray Blvd. Suite 101 Beaverton OR 97005 Thank you very much. Sincerely, Ginny Kingsley Elections Manager GKrd W- I have canvassed the votes for Measure 34-47, relating to the election on May 21, 2002. By signing this canvass letter, I concur with the final results. ,I AUTHORIZING SIG TUR DATE Department of Assessment & Taxation, Elections Division 3700 SW Murray Blvd. Suite 101 Beaverton OR 97005 Phone: 503/846-5800 Fax: 503/846-5810 Date 06/06/2002 OFFICIAL PRIMARY ELECTION Time 09:05:52 Page 37 TUSSDAY, MAY 21, 2002 DABC SUMMARY RS PORT 6) ) 34-46 T~Z.ATLa cHARTSR /PCT II MEASURE 10 (#/PCT 153) 34-52 HILtgBORO CHARTER (#/PCT 17 (#/RPT 6)I 153) 0 (#/RPT 17)1 WRPT I District Registration 11 (No. to vote for 1) (t/RP 100.0211 (No. to vote for 1) (8/RP 100.0)0 (No. to vote for 1) lt3RPe1uB1o1 II 73111 18.3 0 S 7926 75.90 YES 797 18.81 YES 164I BSPD - 84,977 II 11 NO voted (ballots) 2513 2a.o11 NO 11 NO (ballots 233 5.2 6 . n Over voted (ballots) 6 0.1 - 29 , 541 11 Blank voted (ballots) 9233 9.30 Blank 2027 166.0 u Bleak voted Hil~.Sh0r0 City 11 Over voted (ballots) 3.16 0.10 Over voted (ballots) 1 1 1)11 26-11 METRO CHARTER (#/pa 230)1 - 686 (#/pCT 153)11 34-50 NP CITY CHARTER 1) I (#/RPT 138) t Portland MY II MEASURE 11 (#IM 153)0 ~f (No. to vote for 1) (%/RP 100.0) 11 (No. to vote for 1) (t/RP 100.0) (NO. to vote for 1) (380561048.20 Tigard City - 21,657 11 71188 80.011 YES 93 26.40 YES 40802 51.711 1 YES 17732 19.90 NO 258 73.50 x0 II NO 9 2.511 Blank voted (ballots) 11691 12.01 Tigard/Tualatin School 0 0.011 over voted (ballots) 184 0.21 - 36,200 11 Blank voted (ballots) 9832 9.9101 Blank voted (ballots ) II Over voted (ballots) 147 0.111 over voted (ballots) 1 5)0 26-29 METRO CHARTER (#/PCT 136)0 (#/p= 153)1 26-28 PORTLAND CITY LEVY MEASURE 13 (#/RPT 5)1 (#/RPT 138)1 11 I~ (#JxPT 153)11 . to vote for 1) (e/RP 100-011 (No. to vote for it loo.o)I 1 (No. to vote for 1) (%/RP 100.0)111 (NO 1 53586 66.40 198 76.40 YES 24667 31.511 YES 44399 49.10 YES 61 23.511 NO 45857 50.80 NO 12 11,40 Blank voted (ballots) 12373 13.61 NO AND U Blank voted (ballots) 816 0.11 Water voted (ballots) 0 0.00 over voted tballots) 107 0.11 CERTIFIED TO BE TRUE 11 over voted (ballots) A CORRECT COPY OF THE ORM& s)1 34-49 TZG/TITAL SCH GOB (#/PCT 24) Date (#/pa 62)0 26-30 PORTLAND CHARTER (#/RPT 5)0 (#/RPT 24)11 34-48 ESPD LEVY (#/RPT 62) 0 H1~4GT0N Mum 11 (No. to vote for 1) (V/RP 100.0)11 (No. to vote for 1) (4/Rp 100.0) 11 (Ito. to vote for 1) (RP 1 106y %000 Eff If, M",Sm; 52 22.40` YES 6126 32.50 II YES 25656 72.20 YES 180 77.50 NO I1 9831 27.70 No I 1098 5.511 iI NO 1 II 39 14.311 Blank voted (ballots) 98 I Blank voted (ballots) 2605 6.81 Blank voted (ballots) 0 0 Over voted (ballots) 17 0,00 II Over voted (ballots) 43 0.10 Over voted (ballots) .00 II 91 I~ ua u..tic t 11 34-51 HILI,s80R0 CITY GOB (#/PCT 00 u 34-47 TIGARD CITY GOB 9)11 11 (No. to vote for 1) (V/RP 100.0)11 cjt (No. to vote for 1) (%/RP 1. 1T)0)0 C 6720 59.611 11 7086 59.211 YES 4537 40.311 II YES 4877 40.70 NO I w _ y 11 NO 1 506 4.211 i ::^r:: : TC 495 3.91 Blasilc voted (ballots) 16 0.1`1 r voted (ballots) z 11 1 Blank voted (ballots) 0.11 1 1 Over voted (ballots) 14 Ove t7N rim \ OFFICIAL STATERENT OF-THE PRIWY ELECTION , MEASURE 34-47 TIGARD CITY G08 Page N r 111.858.001 R U T 4 E 4 0 G R R - S T U U 7 7 E T T T T R I I D E A A 0 E D D R A T T S G Y Y E G G B B 00 WASHINGTON GUARE 21 10591 48.6 59 41 02 TIGARD ALNUT ST 591 32 54. 1 141 03 TIGARD GAARDE ST 315 183 58.1 100 75 04 FOULER SCHOOL 22 117 52.1% 63 48 05 TNALITY SCHOOL 323 181 56.0% 110 06 TIGARD CITY HALL 283 139 49. 8 53 08 SLMERFIELD 401 269 67.174 15 95 09 SUMNERLAKE-NEST 194 80 41.4 4 35 16 SUMMERLAKE-EAST 1491 6 45.0 3 2561 T 0 T A L S**** 2170 11779 54.2 672 453 Nil AGENDA ITEM # S. a FOR AGENDA OF June 25, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A resolution authorizing the issuance of a limited tax improvement bond for the 69th Avenue local improvement district PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council approve issuance of bonds to finance property owner assessments for the 69`h Ave. LID? STAFF RECOMMENDATION Approve the issuance of bonds. INFORMATION SUMMARY In June 1998, Specht Development submitted a petition to form a local improvement district (LID) to improve streets in the area of 69`h Ave. The City formed the LID in March 1999 with the passage of Ordinance 99-07. The streets were improved and the project was completed. The City assessed benefiting properties their proportionate share of the cost of the improvement by passage of ordinance 02-16 on March 26, 2002. At the time of the formation of this district, the City committed to the lead petitioner to finance property owner assessments over a 20 year term. Property owners were notified of their assessments in April 2002. Twelve property owners signed installment contracts to finance their assessments, totaling $1,307,969. The City contacted banking institutions to obtain bids on these bonds. All but one bank declined to bid on these bonds. The reasons for this lack of interest include: 1. The overall size of the bond that finances property owner assessments is small at $1.3 million. This limits the number of banks that are interested in providing financing. 2. The City made a firm commitment to property owners to finance these assessments over a 20-year period. This length of time is very unusual 'n today's bond market. Banks prefer to finance assessment bonds for no more than 10 years. 3. Property owner assessments and the bonds that finance those assessments are pre-payable at any time without penalty. Property owners need this flexibility so that they can sell their property or refinance mortgages as their circumstances dictate. Federal IRS regulations require the City to use prepayments to pay off bonds issued to finance these assessments as soon as possible. Banks do not like to have tax exempt bonds paid off early. All of these factors combined to produce a high rate for the bonds that the City issued to finance the assessments. The rate the City received on the bonds was 7.25% from US Bank. In addition, the bank will charge the City a fee of $3,720 to complete this financing. The City Code requires that the City add 1.5% on top of the rate charged by the bank to cover the cost of issuing and of managing the bonds and assessment payments over the 20 year term and to build a reserve to cover any delinquent payments. The final rate for property owner installment contracts is therefore 8.75%. Once it became apparent that property owner assessment contracts would carry a very high interest rate, the City contacted a wider range of banks to attempt to find a lower interest rate. No other banks would bid on a 20-year bond. Staff explored different options, including a structure with payments amortized over 20 years, but with a balloon payment in year 15. That structure did not work for the majority landowner in the district, which had already entered into business deals based on an expectation of 20-year financing. In short, the City was left with only the one option for 20-year financing. Property owner installment contracts and accrued interest are prepayable at any time without penalty. Property owners may be able to arrange private financing of this obligation at a lower interest rate. If so, they could prepay this obligation (including interest accrued to the date of the prepayment) without penalty. At the time the Council considered the assessment ordinance in March of this year, two property owners registered objections to their assessments, and the Council decided to use City funds to reduce those two assessments. One of those property owners has since registered with the State of Oregon's Senior Assessment Program. Under this program, the State of Oregon will make all assessment payments for this individual when due. The State will recover those payments plus interest when the property owner sells her property or when it passes to her heirs. OTHER ALTERNATIVES CONSIDERED There are no alternatives. The City is required by State law to provide financing for property owner assessments. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Resolution FISCAL NOTES The interest rate on these bonds is 7.25%. AGENDA ITEM # 5.3 FOR AGENDA OF June 25.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appointments to the Budget Committee and Library Board PREPARED BY: Susan Koepping LV4 DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Appointments to the Budget Committee and Library Board STAFF RECOMMENDATION Adopt the attached resolution reappointing Mike Benner to the Budget Committee and appointing Tom Woodruff as alternate to the Budget Committee. This resolution also reappoints Jane Smith to the Library Board and Suzan Turley as alternate to the Library Board. INFORMATION SUMMARY Attached is a resolution which, if adopted, would approve the reappointment of Mike Benner to a second 3-year term to the Budget Committee. Tom Woodruff would be appointed as alternate to the Budget Committee for 2 years or until he is appointed to the Budget Committee upon the resignation of an existing Budget Committee member. Jane Smith would be reappointed to a second 4-year term of the Library Board, and Suzan Turley would be appointed as alternate to the Library Board for 2 years or until she is appointed to the Library Board upon the resignation of an existing Library Board member. OTHER ALTERNATIVES CONSIDERED Delay action of the appointments. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Geal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST Information on the appointees FISCAL NOTES None Appointees for Budget Committee, Tune 25, 2002 Mike Benner Mike has resided in Tigard for 30 years and lives on Bull Mountain. Mike first volunteered for the City of Tigard when the steam train was here in 1998. Since then he has participated as a CIT facilitator, Community Connector, and helped out at the Balloon Festival. Mike is a business man and sales manager. Tom Woodruff Tom has lived in Tigard for 4 years and resides not far from Fowler Jr. High. He has a MSW from Portland State University and has worked in the health care field for several years. Past community service activities have included serving on a school board. Appointees for Library Board, Tune 25, 2002 Jane Smith Jane has lived in Tigard for over 30 years and resides not far from the site of the new library. Jane is a retired nurse and served in several administrative capacities while working in the Providence Health System. She remains active is several organizations. Barbara Bennett Peterson, Ph.D. Barbara has lived in Tigard for 3 years and is a professor of history. She has long and varied experience in community service. She was born and raised in Oregon. Libraries, literacy, learning and history are important in her life. 1:1ADWSUSANKWASKFORCIBUDGET COMMIAPPOINTEE BIOSBC.DOC ractid .tic a kul- Appointees for Budget Committee, Tune 25, 2002 Mike Berner Mike has resided in Tigard for 30 years and lives on Bull Mountain. Mike first volunteered for the City of Tigard when the steam train was here in 1998. Since then he has participated as a CIT facilitator, Community Connector, and helped out at the Balloon Festival. Mike is a business man and sales manager. Tom Woodruff (Alternate) Tom has lived in Tigard for 4 years and resides not far from Fowler Jr. High. He has a MSW from Portland State University and has worked in the health care field for several years. Past community, service activities have included serving on a school board. Appointees for Library Board, Tune 25, 2002 Jane Smith Jane has lived in Tigard for over 30 years and resides not far from the site of the new library. Jane is a retired nurse and served in several administrative capacities while working in the Providence Health System. She remains active is several organizations. Suzan Turley (Alternate) Suzan recently moved to Summerfield. Based on the list of prior community service activities she provided, she has wide and varied interests. She served as mayor and city councilor of a town in eastern Oregon for several years. Currently, Suzan is employed by the State of Oregon as the Charities Registrar for the Department of justice. AGENDA ITEM # c2 FOR AGENDA OF curie 25.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE AT&T Merger with Comcast PREPARED BY: Liz Newton 1 An / DEPT HEAD OK 1,4 QTY MGR OK ISSUE BEFORE THE COUNCIL Consideration of the change of control of AT&T to AT&T/Comcast for cable television services. STAFF RECOMMENDATION Adopt the attached ordinance approving the change of control of AT&T to AT&T/Comcast for the provision of cable television services. INFORMATION SAY AT&T and Comcast have agreed to merge their companies to create AT&T Comcast Corporation. AT&T has requested the consent of the MACC member jurisdictions for a change of control by filing a Federal Communications Form 394 with MACC as required in Section 17.2 of the franchise agreement. Although the merger must be approved by all of the MACC jurisdictions that have franchises for cable service with AT&T, federal regulations limit the ability of jurisdictions to deny changes of control. The federal criteria for local franchises to review changes of control deal with the legal, technical, and financial ability of the new controlling entity to assure their obligations will be continued. MACC staff has reviewed the Form 394 and additional information submitted by AT&T and Comcast. A letter of assurance from AT&T was also submitted in which AT&T agrees to abide by the terms and conditions of the franchise and recognizes significant issues of concern. The issues are primarily related to AT&T not meeting customer service standards and delays in the upgrade of the PCN. On May 9, MACC held a public hearing on the change of control. Following consideration of testimony the commission unanimously adopted Resolution 2002-04 (attached) recommending that the member jurisdictions approve the transfer request. Attached is an ordinance, which if adopted would approve, with conditions, the change of control. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST • City of Tigard Proposed Ordinance • Exhibit A to City of Tigard Proposed Ordinance, which is a May 7, 2002 letter from Bruce Crest, MACC Administrator, regarding the merger transaction. • Exhibit B to City of Tigard Proposed Ordinance, which is MACC's Resolution No. 2002-04, consenting to the merger and recommending member jurisdictions approve the merger. > Attached to Exhibit B is another copy of the May 7, 2002, letter, referenced above as Exhibit A to the City of Tigard's proposed ordinance and is also Exhibit A to the MACC Resolution, which is why this letter is presented twice as an attachment to the ordinance. FISCAL NOTES N/A IIA MCITV COUNCIL%=NCIL AGENDA ITEM SUMMARIESIAT&T COMCAST MERGERAOC 1.l~cat en /evi AGENDA ITEM # FOR AGENDA OF June 25. 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Skateboard Park Facility Update PREPARED BY: Dan Plaza DEPT HEAD OK 49~IA " CITY MGR OK ISSUE BEFORE THE COUNCIL Provide presentation on Skateboard Park Task Force update. STAFF RECOMMENDATION Informational only INFORMATION SUMMARY The Mayor's Skateboard Park Task Force has conducted many meetings since its inception. The Council, at their January 15 meeting gave their unanimous consensus to provide the Task Force with $20,000 in seed money to hire a design consultant and to cover some of the initial costs of the Task Force. There have been several meetings focusing on a conceptual design for skateboard facility. At the City Council's May 14 meeting the Council approved the hiring of Purkiss Rose, RSI, a design consultant, to prepare a conceptual design and a preliminary cost estimate. The first meeting between the consultant and the users will be on June 13. The 2°d meeting will be set at the Is` meeting and the third meeting will be conducted in September, after school begins. The product of this design process will be a conceptual design and cost estimate for a skateboard park facility which can be adapted to any given permanent site location. Fund-raising efforts have primarily been focused on a Logo contest. The logo will be used on t-shirts that will be sold to raise funds. The site selection committee has been very busy looking for a site for the skateboard facility. They have looked at various potential sites including a utility site, a school site and a park site as well as private properties. On May 9, the Task Force met with Summerlake Park residents to discuss the possibility of locating a skateboard facility at Summerlake Park. The residents repeated their objections to a skateboard facility made during the Summerlake Park Master Plan process. The Task Force Chair, Rich Carlson and city staff scheduled a meeting with the School District Superintendent on June 12 to discuss the availability of school district property being utilized for a skateboard facility. The Task Force plans to discuss with City Council the possibility of future City involvement with the Skateboard Park project. If the Task Farce is not able to locate the skateboard facility on school district property, and they are unable to find an other suitable location, the Task Force will want to discuss with Council the City's willingness to purchase land for the facility and/or to provide long-term operations and maintenance for the facility. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Urban and Public Services, Recreation #1, " providing opportunities for the Tigard community." Parks and Greenways #2, Strategy, "acquire and develop park land." ATTACHMENT LIST N/A FISCAL NOTES Council approved the Task Force's request for $20,000 in seed money for the provision of design services and to cover some of the Task Force's initial costs. Funds for additional design services for site selection, final skateboard facility design, and land acquisition are funded in the `FY `02-'03 Parks SDC fund and is listed in the CIP of the Parks System Master Plan. AGENDA ITEM # FOR AGENDA OF _June 25. 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bonita Park Master Plan PREPARED BY: Dan Plaza ne DEPT HEAD OK CITY MGR OK W- 0--ISSUE BEFORE THE COUNCIL Council is being asked to accept the Bonita Park Master Plan and select one of the following names sent forward to Council by those in attendance at the Master Plan community meeting: + Bonita Park + Camasia Park + Patriot or Patriotic Park STAFF RECOMMENDATION Staff recommends that the Council accept the Bonita Park Master Plan, and select a name for the park. INFORMATION SUMMARY On May 14, 2002, Council authorized the Mayor to sign an agreement accepting $140,400 in Community Development Block Grant (CDBG) funds to partially finance the development of a new neighborhood park on 5.5 acres located along Milton Court at Bonita Road. The park is primarily intended to serve the outdoor recreation needs and improve the quality of life of the residents of the three low-income apartment complexes located nearby. The project is identified in the Tigard Park System Master Plan and in the Tigard Beyond Tomorrow Community Vision report. The site is an undeveloped, lineal-shaped City-owned parcel. It slopes very gradually from Milton Court on the east to the top of the bank of Fanno Creek on the western edge of the site. The creek lies in a deeply incised channel six to ten feet below the surrounding parkland. In years past, the installation of utilities and the storage of construction materials has disturbed much of the site's natural vegetation. The densely vegetated 13-acre Brown- McDonald Metro Greenspace property borders the park on the north. The City held two public involvement workshops in May to help design the park. Bilingual (English-Spanish) meeting notices were delivered to all residents within the apartment complexes. Notices also were delivered to all the business located along Milton Court opposite the park site. The firm of Percival and Shapiro has developed a concept plan for the new park based on the community meeting results, staff comments, the proposed budget, and the physical characteristics of the site. Staff comments included those by the Police Public Information Officer concerning park safety and security. As depicted in the concept plan map, proposed improvements include a children's play structure, paved basketball courts, and an informal, open space playfield. An illuminated crosswalk on Bonita Road, to provide children a safe place to cross the street, also is part of the project. s The next steps in the park development process include preliminary engineering and permitting, followed by spring 2003 construction with completion scheduled for June 30, 2003. The process for recommending names for the park was as follows: 1. During the first Park Master Plan meeting held on May 2, those in attendance were asked to consider names for the park and present them at the second Park Master Plan meeting held on May 23rd 2. Nearby residents and citizens at-large brainstormed and listed five names to be considered by the group 3. Group then narrowed the list to three names, each of which were acceptable to the group - therefore, no one name was recommended by the staff 4. Group then decided that the three names from the list of five names be sent forward to be considered by the City Council. The City has a park naming policy that is aimed particularly at memorializing individuals or groups. The policy, which addresses this nomination, is located in Resolution 99-37, entitled "A Resolution Establishing a Policy of the City Council on Placing Memorials in City Parks." The section, which is germane to this nomination, is Section 3, which states, "In addition the City Council on its own motion may consider naming a building or nark." (Copy attached) OTHER ALIERNATIVES CONSIDERED Council not accept the Bonita Park Master Plan. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Urban and Public Services, Recreation #1, "....providing opportunities for the Tigard Community." Parks and Greenways #2, Strategy, "Acquire and develop park land." ATTACHMENT LIST 1. Selection list of names to consider when naming the park 2. Excerpt from Resolution 99-37 pertaining to the naming of parks. FISCAL NOTES Funds are available from a Community Development Block Grant totaling $140,400, $35,000 from Parks SDC's and Engineering funds, and $3,000 from the City's Tree Replacement Fund. Bonita Park Master Plan 6-25-02 Attachment 1 RECOMMENDED NAMES (No prioritization intended) 1. Bonita Park - after name of road and area of City. Bonita means "beautiful" in Spanish. 2. Camasia Park - after the Latin name for the uncommon native plant found on the site. 3. Patriot Park or Patriotic Park - "in memory of all Americans who embrace the gifts of freedom and peace and especially those who have suffered as a result of pursuing those ideals". Patriota Park - is Spanish for Patriot Patriotico Park - is Spanish for Patriotic Attachment 2 such requests shall be made by the City Council. Council approval is needed. Guidelines regarding signage shall be adopted by Council based on recommendations made by the Parks Division. The standards that the Parks Division will follow in regard to signage will be kept on record at the Public Works office. Examples of suitable signage will be available for public viewing. 3. Naming of buildings and park properties - City buildings and park properties may be named to honor individuals or groups. Interested parties shall submit a written request to the Tigard City Council regarding the property or building which they are interested in having Council name in honor of an individual or group. In addition, the City Council on its own motion, may consider naming a building or park. This type of memorial requires extensive review and Council approval in the form of a resolution. City staff will deal with guidelines for Council consideration. The standards that the Parks Division will follow in regard to signage will be kept on record at the Public Works office. Examples of suitable signage will be available for public viewing. i 3r i i j i i • - - ---•-•-•--sue ~ ~ • ~'m~ tairaW t~ ~ ' ' I • ~I ~oataaurr- . 1 ¢:auwo mr. re.n COO .~,^r 4t MIS ~trnW WP ~ w++•~.r~..•a.•rsrr•~\ p.r.nr~~wwp •'r"~A" •'°""'r°'s°"t ~n°" - r rer. ~i r\~ wr°Vr.+`t~O / / nwa n•~mrr \ nom ~ SCHEMATIC DESIGN f~ f ti ~ s 1 i ; 111 i i' •b 1 i . i( r I i f l L• e i . i i 1 t j _7_, , f 4 ' - SS~ L _tffZ' i 3 ..>r •Y{ ~,y~,. - 5x: ~~'.rw~~- ~ - _ ~ - T R ~Y i ~3* f ` ,•S - V 1 Y AIT . r s BolitaPaxkMaster Plan Bonita Park is a 5.5 acre site. t ' rte"' .rya/iq ! /➢MfOpt +•s ~ AlN2iRlMit `«..,n,...,., ~;M w.w""~''X ~ ~ 7KLlSltK i I ~ / "~..,,~"~,-rmu~rsrc~aekK~v,; ~ ti w+eD~s»~. a, ~ »aY9n~G"y~ . i . x ~x r ) x t ~ ~ti i~ y k- r E, off. Sp$ I is~wtflU ' f[S - ~ ~ a i war. ~ NUK. K.~WA.' f , . w i _ ~~y~ ~1wt#? wV ti~ ~ ~i fMKN~xiloaNiANc ,~~tt kS. 'y..y~p.,yp w,r~. A"1.\ PIMMI.R• ' :KfXNJRR)9.OR•• 1 y'y` 2pet, w tlN0lftt Nttf j ; t.:t K oNQ.nwaechnE, % iIIMC J /f i Swam .eefxcNNby aken ~o lan pxo~ess was undert e master p ark in Tig~d Th neighborhood p develop a yew w recreation ~r~iich will provide ne of Tigard that a sectcurrently Se~in~ tie opp~~unities i a ark does not ha~v~ p area. The uose of a master plan is to: • Ascertain public input Determine features for the park • Determine relationship of features (flow) • Establish a preliminary cost estimate mmun~t ChY of Co vim= ojv ement . T~uo public workshops were held in May 2002. May 2, 2002 _ May 23, 2002 et ehr rksho s were adverti°-~---- The ~'o ossibl as much ublic in ut as . Tigard Ties e Flyers distributed to residents and businesses in the area • City website e0 lFace to face conversations with p P the area Planning Commission Review s This master plan went before the Planning Commission on June 17. • Their recommendation was to recommend to Council that the master plan be approved. xecreation Features • Basketball courts • Playground • Soft pathways Open lawn areas (for informal soccer, baseball, touch football, etc.) Other Develol?n e n,t PFro euz~ tables, bike rack, Site preparaton, Vicnic enches, drinklng fo'~tain, garbage b receptacles, landscaping (focus on native wetland and buffer zone plantngs)~ street crossing lights (in conserve restoration, (low use, pavement), irrigation ,rater), and utilities. ts o° ac n1ent Py ev~el F .~t~r~ D o consist of ment projects may ~ itional playground Future develop shelter, add picnic Ortable toilet. apparatus and a P currently considering recommending We are curre 1 fir another to City Council that v~' npps elver, additional CDBG grant for the picic P laygro,ind and poytable toilet. Cost Estimate 140,400.. CDBG grant/$39,000 • $178,400 local cash contribution) eat Will handle Dep~~m Tigard Engineering will bconstruction documents and project manager for thls project. thi s fall rrnitting should be completed bY Pe • • • Out to bid this winter• . e ing 2003 r Begin COri5tllCtlOn in S p C0st EstjmLate conto June 30, 2003. • COMVIete construction by _ Kids can use the basketball courts of the park has playground when Gonstruction been completed in tune. - The lawn play fields will not be available for use until the spring of 2004 when well established. Bonita Park is a 5.5 acre site. «wN v-1 "A ( aasaatxaa a' :;c ..•Ktt<fhi6 h0e46»i,wie:-. 6xe'+~° . a•~`' ~ t':• .:.t' i s .pecs+x~'1 firxwxo~`bv~ ~ ~ f9iA:iCA~aH'' )i~~ t i Q ''t:: SiM1e4 dwGWU. r 1, . ' % h,,,X:f .'WkCiJl6Lei`^v .•,5 3 ` ti' ~i axf~a • XA' • oettx~'^•-1 ' \ ~ t~it«»~...~ 2?9?Cmft<wFi?i' lei d ` ,a i.,=^",a < "w yi nNXOeoeA049iv GOint`fl'etl;• .f.,. 1 Y.., ' ~ ,^kl16tMKOk f \ s~wt~en.i~A..reawsvaae Z,.:: AaMU.Y~ew.;.arc `f SA:k~bY• )2_ Y":IVCW{TIFf3lSCi6L uy.M ~r \,Llo ~AQt~ CK 3?CSX164{1fH4.4~ii' ::)aw... f 6/«~:/" . \ ! x DESIGN owtrnwnewas~ai! r.K>ftr 7Et~"d,37PJ d~ames CO ~m Ile d yea of name o f road ~ pailsh• after ~ . Bon~taP~ ~a ~ea~s «bea~t~ City. Bin ~e fog then, sia~'~k -after the Lafmun noan the site. mOn platitfow(I . Camia com ec3nnrnended aines 4411, memory • patriot Park or Patriotic Parl~ the guts of of all Americans who brace especially those freedom and peace and ,Who ~o haVe suffered as a result of Pursulng those ideals" -patriots Park - is Spanish for Patriot _ patriotico Park. is Spanish for Patriotic fo r The ~~oc:3keSS 1~an~es con,jjqenidiV meeting held on . During the first park master plan may 2, those in attendance were asked to think of names for the park. residents and citizens at large ° Nearby ed and listed five names to be brainstorm names. considered by the group- ~e group then narr°Wed ist to bree be names • The group then decided that the three forwarded- to the City Council-. arN am~b ~P olic P gesolution entitled "A.-- C i~ on s Resolution 993Polic of the Ci Establishin a parks", addresses the ~lacin Memorials in Ci nam~~~ of parks. which is germane to this nomination is • The section w =cIn addition the Ci Section 3 Which states, Cansider nami~ ,n motion ma Council on its o~ a bu~ldin or ark" AGENDA ITEM FOR AGENDA OF 6/25/02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Summerlake Park Master Plan PREPARED BY: Dan Plaza DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Accept Summerlake Park Master Plan STAFF RECOMMENDATION Staff recommends City Council accepts the Summerlake Park Master Plan. INFORMATION SUMMARY Summerlake Park, a 24-acre community park, is located at 11450 SW Winterlake Drive. On November 16, 1999 at a Council workshop the City Council decided to put the Summerlake Park Master Plan process on hold. It was put on hold as a result of cost and environmental concerns about the management of Summer Lake. A Summer Lake Task Force was created and a final report with recommendations was completed. City Council received the plan and it has been placed on hold pending State/Federal regulation mandates. The Council decided to move ahead with the Park Master Plan looking only at the portion of Summerlake Park that lies south of the lake. When management of Summer Lake has been resolved, it will be possible to proceed with plans that address the water's edge on both the north and south sides of the lake. Further, it was decided that any project(s) that arise from the Summer Lake Task Force recommendations, pertaining to the management of Summer Lake, will be funded through Water Quality funds and through funds provided through Clean Water Services (Unified Sewerage Agency-USA). On March 13, 2001 the City Council directed staff to resume preparation of the Summerlake Park Master Plan. There have been four (4) Park Master Plan public input meetings pertaining to the Summerlake Park Master Plan (September 30, 1999, November 18, 1999, October 4, 2001 and December 5, 2001). Approximately twenty-five (25) people attended each meeting. The master plan public input process has been completed and has resulted in the development of the proposed Summerlake Park Master Plan before Council. On May 9, 2002 a joint meeting was held between the Mayor's Skateboard Park Task Force and residents of the Summerlake Park neighborhood. The Task Force called for the meeting to discuss the possibility of a skateboard facility being located at Summerlake Park. The residents repeated their objections to a skateboard facility made during the Summerlake Park Master Plan process. The first project, if accepted by Council, will be the addition of an off-leash dog area. The development of the rest of the park, if accepted by Council, will begin in FY 2003/04. The remaining projects include: o Site preparation • Irrigation systems, • Renovation of the existing ball field • Parking • Children's playgrounds • Waterplay area • Pathways • Covered picnic tables • Landscaping • Restroom • Maintenance building Estimated cost for completion of the master plan is $801,020 (does not include maintenance building). The Master Plan being presented to Council has the support of those participating in the Master Plan process. As stated above the only unresolved issue at the present time is the management of Summer Lake and the funding of any project(s) that arise from the Summer Lake Task Force's recommendations. OTHER ALTERNATIVES CONSIDERED Council not accepts the Summerlake Park Master Plan. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY City Council Goal # 2. Parks and Recreation. "complete master plans for city parks (Summerlake Park....") and the City's Vision Task Force Goal #2 states, "complete implementation of the Summerlake Park Master Plan ATTACHMENT LIST N/A FISCAL NOTES No additional funds are necessary to complete the final draft of the proposed Summerlake Park Master Plan. Development of this park will, more than likely, be done in phases. Funding for the development projects are projected to come from the Parks SDC Fund. INS LEGEND Dcfr6roa+t T:« ~ Ww3land IJ:a•^ lUnimGstdl °Mam<ntal $IwW r ' ~ Lawn(1rt+4ara~h\uwnl t j~ P,.~d ll-allva,. AU.7 .1 Yrt4~ir d'. AIl1KaSOR Sur(x<Tnil Cu.<reJ ~rowu41t 1t.pkalt akadr RrxlW< .ID.{.1.a'eniMt ud DIa) ana f~ Z `a.• I,LVI, SPLAY AREA - laJ~r - . _ Agra f•d rRmr^+ ~ ~ f. ~ Y AREA ~ti CHILDRENSPLA f. x'. -8wdwf ~ ~ 'I~ ~p IALEDPLAY PIPI•D ~~'a ry`i RF~VASEDEKUT4?~'• t ~ f=tj' . ~ ..l• > ~,l~E1EW r , rr T 'f r . . •u•_ _ ,:PC %•k 6Rey Iw [y ~ 1 ~ Iy f 1 HunJIM7 /f { f' lrt Park Envarra SiS • - _ :I I ~ TiWtTH Eis'+RG - J • , ,^-yr; DECEMRER201 SCALE , ,pL~1£R LiXETla1~E 1 Cw HASk," •t - _ 111SS HAS S°°h' 9TI" T, CA,&Ovlg- ,.~ssw rl i R Draft Master Plan cUMMF-RLA-KF- PARK ATiG2~• J12:fLY lNirA tT212 F~i m3if? e~ il. fLEGEND peciduousTrae J I k'' • Coniferous Tree :y % Existing Woodland Natiee Grasses Cncered Picnic table (lypicall (UnirrigatlJ) Ornamental Shrubs T r iyy ° ' Lawn (Irrigated and Niown) Paved Walkway ADI Accessible Shade structure and play area s1 All Weather Soft Surface Trail i ta(q{` Water play area ADi Accessible CHILDREN'S S l; Y rw Tardlers ~,t Q CHILDREN'S 9.1/ PLAY AREA AgesS•N(RrnnvnrrrlErisri/;c} ExisIln eth Ages 9dl Caurt ~i r a Strings Rcslrooms iA t`l i t « -gill t ~bh ~ ~ti 1 r l- ar 1 +py r r r ~y y,3p` Ye ~IaChera 1F~ h R t 2!~ i~•i 'C ti t, '`S;s IfEN'OYATEDEXIST~d~ i'.~~~r r (r~ +a ~ Xy,'~~,n ~ i ' el Siafv iae wa', ' fv'' f i•~t 'f. f tl J ! of d ~ !!~~ffRA4t 5 I 5 t fry J , & "~~JbYA1'ED f t. \ Y 'C+ ( t J f ~ il ! i ~ 4~ ~'~!1 a 5 ,~~)NF,O)~h1ALPLjgYFIr.LD l~" tlw OR AL LAti~P1' ek r ~`F C Parking Existing Re,, Is a ~t a a,•~ Existing PicnicSh h Regdar ati ) a' (d1e _i7 a„~ I~ _`r~ t ,a ! I - Park Entrance Sign Yf 1 Hu nlicup Ir x r i , ~ ~r ,r" ~4 Security Light Park Entrance Sign f'~t Vpll° s i d f s d' - Security Light 2 1 rr 'r NORTH WINTER LAI EDRIVk DECEMBER 2001 SCALE ~ce5 0 25 50 100 150 MIO,Inc, 412 NW131hAvenue 1"g CITYOFTIGARD Portland, Oregon, 97212 Draft, ! 6 13125 SW Hail Boulevard Phone: $03.297.1005 Tigard, Oregon 97223 SUMMERLAKE PARK Phone: 503.639.4171 Fax: 503.297.3193 www,migcoabcom http://www.cl.tigard.or.us summerlake aTkMastet Plan Y. r4 yF.3 t ,v, sb 1 = 33:5 . :t a `,y6 axyy"te f . A s a F t~' '6'}„a ~f'r¢~ ~ { \i® punt vx, ~`~opt. sag, mss' t b $ i F i i L ay.~ The purpose of a master flan is to: • Gather public input • Determine features for the perk • Determine relationship of features (flow) • Establish a preliminary cost estimate < ~:`Y`.{ Ste'' S. •3. "F ~c Y< y f E ~ ~ ae ~ sK. i Q~~;~ii~2~:• 2 \ ~ ~ Yes ~ A>: -lei yak . ~ \v„a xa ♦ ~ ~.'7+n Y ~ nZ ♦ ~ .Y r a 4..~ k~ ~ R . y E..•x.yf ,iS:~9~ f.n~ k ~JS: Idd 't Asa •v1 M . Iwo r omunit o nolo of C Ch IY, I ~.volveeni t Four were field over a 2- p ublic workshops year pe--od. 25 citizens attended eacAploroximately p meeting. 1999 September 309 November 169 1999 October 4, 2001 December 5, 2001 z~l eetin was held on Ong s eC 9 Zp02 lul.av , The Mayor's Skateboard Park T asvoce • met with Sumrnerjake Park residents explore the possibility of locating e board facilit~' at Summerl~e Park. skat u~merlake Park residents stated that, The 5 ed and at their position remamed un a Ska eboaxd they were still Opposed to facili~' . s were wider adverbs= U0, s osslble. .11,1111,11, The wordsho h uPbhcll ut a ather as mu • City Hall Lobby Exhibit • Cityscape Newsletter • Tigard Times • CIT o Informational Flyers t to nearby residents. • Individual notices sen LEararrmv sTti~ Planning Commission Review • This master plan went before the Planning Commis sion on June 17. • Their recommendation was to recommend to Council that the master plan be approved. New Recreational Features f: In West Section of Park: ®Covered picnic table °New entry & park sign b Renovated ball field ®New children's play area P (5-8 years old) ? s{ MK . c *New infant play area ®Renovated toddler la area i } ..yo 3~4t,1tTw~ - 'r 9 y New Recreational V A~ Features in Central ::sa tq)C.f2'~.:.}iir~.• N~iGS'~~" ~ ~ 3 ~.•t ~.~^2(y, S:f~~~`yti~.^:..: o~2~J .,:{,-,~,,AQ•; i":z;F: , .:.YY • h;; Section of Park: M, • s>..:..:..:: . rater retive Area r y ~ ®®ff Leash Igo Area : •q ®New Maintenance Building Kx.: " i tYi........: E,1ASw''i>XCSV c t.t;car:~rf New Recreational Features in Last Section of Park: Renovated open play fields z>+ts as~.~~ -New infant play area *New children's play area (9-11 years old) > S + h t *Renovated toddler play area •Renovated children's play area (5-8 years) *New water play area (all ages) a t: BNew restroorn a' S~x~rl.~t ®New shade structure WRYkf yj tr" oNew parking !XALE j . ,~i X~. x ~ ~ t +n w. e 6 t; i s> 3a, ~ ' ~ ~ I,E ' ;'sk .eR i~ . ice' ; ~'i~3'"' c r: Z~ R ~s ~R' .q;. . e , NvS. ~A,. .L, i 1 `~j i ~ ~ x r. y ` yam: i ,s,,, .::~f ~ . ~4Y, vx.;, ''.,L~ i•.'K •x r "r .:'%m.r~~w~wiYi iiWYDEa00eNf•!. nr : 1 •:w~yyye i .yam \4 't 3. w y ~ - ,X , aye„""'""' m ; ~ v h~#,~ ~ 3'~ 3 C .~>ITa j p e `a"c i 'S•,Si ~ , ~ ! f ~ : twi > r ~ .its-, a v xo > r w > a t ~C _ :)fin. } ~ _ r % : cF'~~ b~ 1• ~ ; ~ e~° y ~ ~ ~ 3 s S ,i 5 / ♦ 2/ vw i < ayal,~ ♦ "~;nz t' t L3. • ~ : S . z<'x, z 3 A y c any ~.a.~y.>iK y > t- Sv6..ft~E~ };x ~ r':: '~ti-~',•.x.,.r'~ ~ r.., ~.4•.~e z ` ,4o ALA a l< ~<< zap d~ 2 s rc s r 2 f r to u C r`°~k ` ...~'4~• .m'£~xgxRS• ? r-c, r co u.ti•iiy L.~:;.~` a c3~ S"a+'' ;•Y.~"~g'»,~."••'3~..rs,gFr'• :-C a~3s. , N>• \g, ~ ,2~>'%''srS` ~ z.• ' s s ~ ~ :s~ ~ x ° Y C s, u•.~~ . a Oil ~r aw firYc~pr* Fr~~w~.r. ~.♦~i~~:a•f~=b♦ t:.: l~ `i :j L ~ f+H~,~~~'OF~ `~-°y,_ y~~~~ r # ~ y~ y a,~• 5r3 3 ~c p t. ,Ntr t j4 - -S'C'R. iti.~ ~3`' • RzKM~RL > 2 z♦ z so -.i .3"„ k <,r 3 < .~_.,a•;~$ ~ '£a?zy, . 2~,_=:~ •'ZQ,) Y 4 a gL ll"eYb:0. < t 1, 4 Nf"' 2., Y. . 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L ~ ~ ° :c +.+3 ~r r kr £n q) ~$t~ _ °7.k~1j~$' 2 : a,~•,p . ~ _ . •a+~ ' s` xt'3 q~ ~~~r. } a oSi~£ L <~~~~d•Y .R-~ • ~ 4 ~ 5x'~~3~~ >S d 'Fi°P'C~i si 17Xtyc° ~i z,. 1h ww.a« ?>O y t" c: wb ST-LT T n T T TITr n r. trr ii.:•fi 3' t d ~r~ •st>.:;. i.` ♦ '•%:i'%:v.,:y::::~?;;: x;5'it'tfatti ~ . eiC:t>.•a!~::tfi>~ `Sri's; ~ t ) J I ~fn •~}j• ~~~~""}•i~i~t%i:>}}~}v`h~~v:•~~:}~ vin}i:<S~ i:i:<:•}:•:{iii ~:•3:~:iit:•it}^; ~wf:~ i:'•' i:'f ~ii+i:.r ~ii:?'}'is:'?i ~ ~~i ~ ''F"''~is~:~~~f~::'r;:~:~~:::iri.~..'. ;:?#"<?:i'.:Y ...r::}:~.•.`•'~;!!o}:::}it:;s}}2:fff::4~r::~<>':'<:<:::~::~:?3':<::':;r to t~ sc; } -Palms e Lighting • ~ ii~~; .~.Lit emc Ies an~t~iLtr'U . ►J~• J LillLcLiz i:i Garbage Receptacles Landscaping (focusing on native plantings) ® irrigation (love use, conserve water) ® Utilities St11"~~te cost Bldg Nltc. 0 (does n ll b °t VIC~ude o each dig area o ~g01,02 e tlie Off1 ~o~e~t wi . First p ~h~s fall. doge to be constru~t~d is anticipated to b -0C coon de ending oTV ~ s ~utu~e C °ns~ bases p in one or M°Te p begI.R..- the first ma or . ~N e are plying to 03*2p4. P14ase IJA CIOSing~ process has ascertained This mastsr Plan would like to from the residents what they see in Sun'merlaVe Park' ~~tunities • The desire Snore recreation °a p p leasangg y the seethe while maint and natural Place known as serene, peaceful SummerlaVce Park. gv~ i-~.; NUMV]~,-; - 7.~M ~ M;T.; . t0l RM.- a-v iil!An X NO Y RtNW? All MUM ~W. ..a;Tzvl~ jr f I Nli >R ;5~z rY7 T AGENDA ITEM No. 10 Date: June 25, 2002 PF"hUBLIC HEARING (LEGISLATIVE) TESTIMONY SIGN-UP SHEETS Please sign on the ffollowing page(s) if you elvish to testBffy before City Council on: CONSIDER ZOA 2002-00002 CULTURAL INSTITUTION ZONE ORDINANCE AMENDMENT Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\GREER\CITY COUNCIL\CCSIGNUP\PH TESTIMONY LEG - ZOAAOC 0 AGENDA ITEM No. 10 Date: June 25, 2002 PLEASE PRINT Pro onent - S eakin in Favor O onent - S eakin 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 # I C7 FOR AGENDA OF June 25.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Cultural Institution Zone Ordinance Amendment ZO 002-00002 PREPARED BY: -Brad Kilby DEPT HEAD OK /A1VW,/d11TYMGROK yoqvv~ ISSUE BEFORE THE COUNCIL ° Should the Council approve a requested Zone Ordinance Amendment to allow cultural institutions to be conditional uses within the R-12 Zoning District? STAFF RECOMMENDATION Staff recommends approving the requested Zone Ordinance Amendment as presented by motion by the City of Tigard Planning Commission. INFORMATION SUMMARY In December of 2001, the Tigard City Council voted unanimously to place a $13 million dollar bond measure on the May 21, 2002 ballot to provide funding to build a new library. The Council also approved an option to purchase a 14.7 acre property located on SW Hall Blvd. near SW O'Mara Street for siting the new library. On May 21, 2002, the Tigard citizens voted to approve the bond. In response to both actions the City staff has been pursuing a Zone Ordinance Amendment to conditionally allow cultural institutions into the R-12 zoning district. At a May 20`h public hearing, the Tigard Planning Commission voted unanimously to recommend approval of the amendment to the Tigard City Council. 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. "Urban and Public Services"- Adequate facilities are available for efficient delivery of life-long learning programs and services for all ages. L~~ I M I= 11 ME1111 1=11101111FMOMMENUMEW NMI SOMEONE= ii ATTACHMENT LIST Attachment 1: Ordinance adopting the code amendments Exhibit A: Proposed language Changes Attachment 2: 5/20/02 "Draft" Planning Commission Meeting Minutes. Attachment 3: Staff Report to the Planning Commission (including Exhibit A) FISCAL NOTES N/A AV 1% Attachment 2 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes May 20, 2002 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 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, Scolar, and Webb Commissioners Absent: Commissioner Sutton, Alternate Wolch Staff Present: Dick Bewersdorff, Planning Manager; Brad Kilby, Associate Planner; Gus Duenas, City Engineer, Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS None 4. APPROVE MEETING MINUTES Commissioner Buehner moved and Commissioner Scolar seconded the motion to approve the April 22, 2002, meeting minutes as submitted. The motion passed by a vote of 7-0. Commissioner Munro abstained. 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2002-00002 CULTURAL INSTITUTIONS CODE AMENDMENT REQUEST: A request to amend Table 18.510.1 of the Tigard Development Code to allow cultural institutions to be allowed as a conditional use within the R-12 zoning district. LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 8, 9, 10 and 11; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 5.1 and 12.4.1; and Community Development Code Chapters 18.380, 18.390 and 18.510. a) President Padgett opened the public hearing. b) Associate Planner Brad Kilby presented the staff report, advising that staff recommends the Planning Commission forward a recommendation of approval to City Council. c) Public Testimony - none d) President Padgett closed the public hearing. e) The matter was discussed briefly by the Planning Commission. Commissioner Buehner thought it might be useful to specify a percentage that might be used for an accessory use. Staff responded that code language would have to be amended to make that change and, also, that it would be difficult to administer. PLANNING COMMISSION MEETING MINUTES - May 20, 2002 - Page I Commissioners Anderson and Scolar were in favor of permitting cultural institutions conditionally in all residential zones. Staff was concerned about allowing it in all residential zones because of the limited amount of R-25 land available and that it may not be appropriate for large-lot single family neighborhoods. f) Motion by Commissioner Anderson to recommend to City Council to approve the amendment to the R-12 zoning district to conditionally allow cultural institutions, based on the staff report and no testimony, seconded by Commissioner Mores. The motion was approved unanimously. 5.2 200212003 CAPITAL IMPROVEMENT PROGRAM a) City Engineer Gus Duenas gave a PowerPoint presentation on the 02/03 Capital Improvement Program (Exhibit A). He noted that the Planning Commission would be forwarding a recommendation to Council. The City Council public hearing is scheduled for June. b) Public Testimony - none c) The matter was discussed by the Commission. President Padgett advised that he is opposed to the library construction in the CIP because people in the unincorporated area surrounding us don't pay anything towards the construction of the new library. Although the County contributes an amount to the City for operation of the library, it has nothing to do with construction. He believes that everybody who benefits from the library should share equally in the construction. d) Motion by Commissioner Scolar to recommend to City Council to approve the 2002- 2003 Capital Improvement Program as submitted, seconded by Commissioner Munro. The motion was approved by a vote of 7-1. Commissioners Anderson, Bienerth, Buehner, Mores, Munro, Scolar, and Webb voted yes; President Padgett voted no. 6. OTHER BUSINESS June meetings will be held June 3`d and June 17th. Commissioner Buehner asked whey there were no street improvements required for the Blue Heron subdivision on Walnut Street. Staff responded that Washington County would be making improvements on Walnut Street as part of the MSTIP. 7. ADJOURNMENT The meeting adjourned at 8:27 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Mark Padgett PLANNING COMMISSION MEETING MINUTES - May 20, 2002 - Page 2 Attachment 3 Agenda Item: 5.1 Pleating Date_ May 20 200.2 Time: 7:00 PM (L,S 1 r ~ J~tT(AM'4 1' nt. 571 ~ t' ~ j ~ ` ~ f .F~'14r) S fid Sr•S~f! ~'~.t~ d 1. a Own EPO ~'f,~. ,y y CMM~fSS~ 5 ? , Y r 1t CRT Of TiOARD 4ti `OFT to { A SECTION 1. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW CULTURAL INSTITUTIONS TO BE CONDITIONALLY SITED WITHIN THE R-12 ZONING DISTRICT CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2002-00002 PROPOSAL: To amend the Tigard Development Code to allow Cultural Institutions to be conditionally located within the R-12 zoning district. Cultural Institutions are classified within the Tigard Development Code as public or non-profit cultural facilities including libraries, museums and galleries. APPLICANT: City of Tigard Attn: Brad Kilby 13125 SW Hall Blvd Tigard, OR 97223 ZONE: R-12; Medium-Density Residential. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.510; Comprehensive Plan Policies 1.1. , 2.1.1, 2.1.2, and 2.1.3, 5.1, and 12.2.1; and Statewide Planning Goy s 1,8,9,10, and 11. SECTION II. STAFF RECOMMENDATION Staff .iecommandq;-that the Manning Comrnission'Latlieral s(h '1~~12 Zo> aq~g © r{t, to conddionally WWru~lturaF instifiutioh's as determinei* rough~fte,pt~blic hc~na~~,~"oee~ and 60 ' IYiake_a reconutibiidati6610r APPROVAL to f;e Tigard City ZOA2002-00002 PAGE 1 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION SECTION Ill. BACKGROUND INFORMATION In 1999, the City of Tigard began investigating the possibility of expanding the existing library to accommodate more users. The City formed a library construction committee, which was composed primarily of Tigard citizens to, discuss the need for, location, and projected costs of the project. The existing library was unable to expand because of structural, space, and environmental limitations. The Committee realized the need for the library to stay within close proximity to existing government services and identified a site directly across the street from the existing City Hall campus. In December of 2001, the Tigard City Council voted unanimously to place a $13 million dollar bond measure on the May 21, 2002 ballot to provide funding to build a new two-story, 47,000 square foot library. The Council also approved an option to purchase a 14.7 acre property located on SW Hall Blvd. near SW O'Mara Street where the new library would be built if the bond measure passes. The pub'ect property is zoned R-12 which does not permit cultural institutions. The propose amendment would change the Tigard Development Code (TDC) to allow cultural institutions as a conditional use to be located on all lands designated R-12. 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 18.390.0606. Chapter 18.390.060E 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 Tiggard 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 Goals Goal 1: Citizen Involvement: The City of Tigard has a strong citizen component to its government. Citizen Involvement Teams meet in an open public forum each month to discuss City business. The meetings are informal and give the citizens the opportunity to discuss issues that affect their daily lives with the City Staff. The CIT meetings are broadcast live over a public television station. The City publishes a monthly newsletter to make the citizens aware of new projects and issues that may affect their daily lives. The newsletter is available throughout the City of Tigard and is mailed with the City's utility bills. Each of the methods discussed above exceeds the notification requirement to publish in the local newspaper, as required by the state statute prior to public hearings and open houses. Goal 8: Recreational Needs The proposed amendment will allow cultural institutions to be located within areas that have medium residential densities. These are areas that have a higher demand for cultural opportunities and would, therefore, affirm the state goal of providing for these needs. Staff has determined that Cultural needs and recreational needs are different, therefore, this goal is not affected at all. ZOA2002400002 PAGE 2 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION 1111 11 11111111 Im IM011111IM111111 71 Goal J: Economic Development This proposal advances this goal by providing opportunities for more amenities to be located within the community and thus making the City of Tigard more attractive for businesses. This proposal does not affect the supply of land available for commercial or industrial uses. Goal 10• Housing Although locating cultural institutions within existing residential areas will reduce the amount of land available for housing, the impacts are mitigated through the Site Development Review and Conditional Use process. Goal 11: Public Facilities and Services Allowing cultural institutions within residential zones will off-set the burden placed on residential properties through improvement districts by encouraging new development in and around these institutions on properties that may otherwise remain underutilized. Federal or state statutes or regulations found applicable There is no known federal or state statutes that may be adversely affected by this proposal as land use and facility planning are administered through plans that reflect such statutes. A licable {Metro re ulations The Metro Housing Rule OAR660-07 assures opportunity for the provision of adequate numbers of needed housing units and the efficient use of land within the Metropolitan (Metro) urban growth boundary. The rule mandates that the City of Tigard accommodates ten units to the acre on average. Our 2017 capacity of 6,073 units was increased to over 6,308 units with the implementation of the Washington Square Regional Center. This capacity is determined by assuming that all of the available residential land is developed at minimum density. Development within Tigard is currently meeting or exceeding the minimum prescribed density. The library project would theoretically displace 127 units not counting the land that would be deducted for roads and sensitive areas. There are many uses that are conditionally allowed within residential zones, and there remains the opportunity for density bonuses in some instances. It is highly unlike)y that this amendment wilt in any manner decrease the available land for housing beyond that necessary to achieve the target capacity. Applicable Comprehensive Plan Policies: Policy 1.1.1 (a and c a. The proposal is consistent with this policy in that it is consistent with the statewide planning goals and the Metro Regional Plan as discussed previously. C. The proposal will also ensure that the community development code is kept current with the needs of the community. Policy 2.1.1, 2.1.2, and 2.1.3 (Citizen Involvement) As stated in the previous discussion of the State Land Use Goal #1, this proposal advances this policy in that it will have a citizen involvement component inherently attached through public meetings, hearings, and legal notices. The proposal is reviewed as a Type IV project, which entails a minimum of two public hearings, in addition to the required notices. All information is relayed to the public in an understandable format, and staff is always available to clarify an confusion. Policy 5.1 (Economic Development) This proposal will promote growth of the local job market by providing more opportunities for cultural institutions to locate throughout the City and thus providing more marketable amenities for prospective employers looking to relocate. Policy 12.4.1 (Location of Community Facilities) Cultural facilities are labeled Medium Impact facilities within the Tigard Comprehensive Plan. As such, they will be reviewed for consistency with this policy as they are applied for. Medium Residential uses and Medium Impact facility siting criteria within the Tigard Comprehensive Plan share many of the same characteristics. ZOA2002-00002 PAGE 3 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Applicable provisions of the Ci 's implementing ordinances he only known provision that would be affected is the very same provision that is proposed to be amended. Any applicable provision of the Cit~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 18.510: This chapter establishes the development standards for residential zoning districts. The current amendment will not affect any of these standards as the proposal calls for conditional use review for any Cultural Institution that is proposed. SECTION V. STAFF ANALYSIS Cultural Institutions are undeniably essential to the infrastructure of the City and it's citizens. Staff conducted a survey of surrounding jurisdictions including Beaverton, Hillsboro, Sherwood, Tualatin, and West Linn. Every jurisdiction surveyed permits libraries and similar governmental facilities conditionally in all of their residential zones. Staff is confident that the impacts associated with Cultural Institutions can be adequately offset by mitigation imposed at the time of conditional use review. Cultural Institutions that are academic in nature should not be prohibited from any residential neighborhood, as all citizens can benefit from such use. SECTION VI. OTHER ALTERNATIVES Leave the code as is. o Permit Cultural Institutions conditionally in all residential zones. Permit Cultural Institutions outright in all residential zones. 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. The City of Tigard Building Division has had an opportunity to review this proposal and have 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. Clean Water Services has had an opportunity to review this proposal and have no objections. ZOA2002-00002 PAGE 4 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Washinggton County ®epartmerat of l.aa~cQ Use and Transportatbon, Q~C®, Tualatin Valley 11Vater Qistrect, 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 Amendmgnt. ATTACHMENT Exhibit imposed Amendments to CDC Chapter 18.510, Table 18.510.1. May 2. 2002 PREPARED BY: Brad Ilby DATE Associate Planner C May 2. 2002 APPROVED :Ric ar Be e o DATE Planning Manager ZOA2002-00002 PAGE 5 OF 5 5/20/02 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION ATTACHMENT "X' 5 PROPOSED COMMUNITY DEVELOPMENT CODE LANGUAGE CHANGE tFike-eat: ` Text being deleted Text being added TABLE 18.510.1 USE TABLE USE CATEGORY _ CIVIC (INSTITUTIONAL) R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-25 R40 Culturallnstitutions N N C C C N N I I AGENDA ITEM # FOR AGENDA OF June 25, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Water Rate AdJustment - 3 Year Plan PREPARED BY: Dennis Koellermeier DEPT HEAD OK ,4w C ITY MGR OK _ 6)' b4IAIA~ ISSUE BEFORE THE COUNCIL Shall the City Council amend the current water rate schedule and adopt a 3-year rate schedule that reflects the increases in costs associated with providing water service? STAFF RECOMMENDATION City Council approve the attached Resolution amending current water rates. INFORMATION SUMMARY Chapter 12.10.130 of the Tigard Municipal Code provides that fees and charges for water and water related services be established by Resolution of the City Council The City commissioned a water rate study in 1999 at the request of the Intergovernmental Water Board (IWB). The results of that study indicated that significant increases in water rates were necessary to pay all capital, operational, maintenance, and administrative costs of the water system. The rate study recommended significant rate increases to meet anticipated expenses. The increases, beginning in FY 2000/01, were to be annual increases of 10%, 12%, 12%, 8% and 8%. Due to the proposed Taxpayers Protection Initiative on the November 2000 ballot, Rates were increased 3% in 2000. In 2001 rates were adjusted 15.5%. Thus, by July 1, 2002, the City finds itself approximately 3.5% behind its recommended schedule, and facing 28% worth of increases in the coming 3 years. The Public Works and Finance Department staff have reviewed the financial plan including the major factors or components to the rate model. We have concluded that the original model recommendations remain valid and should be accomplished. The major factor driving the revenue needs for the Water Fund, continue to be increasing unit costs and volumes needed of wholesale water purchased and funding our $40.7 Million Capital Improvement Plan. An additional and currently non-resolved issue is the impacts of the successful Tigard/Tualatin School District Bond Levy and the timing of the construction of certain Water capital improvement projects. Specifically, the School District has granted the City permission to construct a buried water reservoir (550-foot Reservoir #2) on the site of the proposed Alberta Rider School property located on Bull Mountain Road. This reservoir needs to be permitted and built in conjunction with the school project, to avoid safety and operational issues at the school. If this school is built soon, the City will need to re-prioritize its CIP and construct a group of projects estimated to cost $8.84 million dollars. To accomplish this the City will need to issue water revenue bonds, probably within the next 12 months. The impacts of this bond sale could cause the need for an additional rate adjustment. MOORE In an effort to minimize the impacts of these rate increases on our customers we are proposing two strategies. The first strategy is to move the effective date for water rate increases to the fall, after the heavy consumption periods of summer have ended. The second strategy is to adopt a three year rate plan that moves us back onto the rate model schedule over a longer time period. We are recommending a 3 year rate plan that will adjust rates, beginning this October 1, 2002 by 10%, then 6% each the following two years. Water rate charges, including customer charges and booster charges, are as follows: Current Rate Proposed Rate Proposed Rate Proposed Rate Increase 10% Increase 6% Increase 6% 2001/02 2002/03 2003/04 2004/05 Customer Charge $4.00/billing perio $4.40/billing period $4.66/billing period $4.94/billing period Booster Charge $3.54/billing period $3.89/billing period $4.12/billing period $4.37/billing period Residential $1.56 er CCF $1.71 per CCF $1.81 er CCF $1.92 per CCF Multi-Family $1.54 per CCF $1.69 per CCF $2.04 per CCF $2.16 per CCF Commercial $1.81 per CCF $1.99 per CCF $2.11 per CCF $2.24 er (CF Industrial $1.50 per CCF $1.65 per CCF $1.75 per CCF $1.86 per CCF Irrigation $1.93 per CCF $2.12 per CCF $2.25 per CCF $2.39 per CCF OTHER ALTERNATIVES CONSIDERED • Do not increase rates, which will cause a depletion of capital reserves • Increase rates greater than the recommended 10%, 6%, 6% recommendation VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The current update process for "Tigard beyond Tomorrow Urban and Public Services, Water and stormwater Goal lists a specific strategy of funding the first five years of construction projects identified in the Water Distribution System Hydraulic Study at an estimated cost of $7.6 million dollars. These projects include both System Development fee funding as well as water rate revenue. ATTACHMENT LIST • Resolution • Exhibit A attachment FISCAL NOTES The proposed rate increases are consistent with revenue projections anticipated in the recently adopted FY 2002/03 budget. ~h~s resv/~f 6a2 was Chi a° 1 e-,11 . zz CITY OF TIGARD, OREGON a'~~ee-hj, RESOLUTION NO. 02- A RESOLUTION AMENDING RESOLUTION 02-06 BY AMENDING EXHIBIT A THERETO AND INCREASING CERTAIN CHARGES IMPOSED FOR WATER SERVICE i i WHEREAS, Section 12.10.130 of the Tigard Municipal Code provides that fees and charges for water and water-related services shall be established by resolution of the City Council; and WHEREAS, the current water rates are those set by Resolution No. 02-06 as shown in Exhibit A to that resolution; and WHEREAS, the City Council finds that the existing water rates, together with other dedicated funding sources, do not fully cover the City's costs associated with providing water service, including capital, operations, maintenance and administrative costs of the water system and that a rate increase is therefore needed; WHEREAS, the City's costs are rising steadily and the City is able to project its costs through October, 2004, and beyond, thus enabling the City to set rates for the periods from October 1, 2002 to September 1, 2003 and from October 1, 2003 to September 1, 2004, and from October 1, 2004 on; WHEREAS, the City finds that the increased fees as shown in Exhibit A are set at a level designed to recover the City's costs without creating surplus revenues; now therefore; THE CITY OF TIGARD RESOLVES THAT: SECTION 1: Resolution 02-06 is hereby amended by modifying Exhibit A to that resolution to read as shown in Exhibit A attached hereto and incorporated by this reference. SECTION 2: This resolution is effective October 1, 2002. PASSED: This day of , 2002. { i + Mayor, City of Tigard ATTEST: City Recorder, City of Tigard G:\ nuni\tigard\waterfecresolution 050602.doe City of Tigard EXHIBIT A Fees and Charges Schedule Department Revenue Source Fee or Charge Effective Date PUBLIC WORKS - WATER Booster Pump Charge $3.64imentp}y 004- 3.89/bimonthly 10/01/2002 - 09/30/2003 4.121bimonthly 10/01/2003 - 09/30/2004 4.37/bimonthly 10/1/2004 Customer Charge 4:QQtwAeat* 2127/2884- (Basic fee charged to customers to have the City deliver water.) 4.40/bimonthly 10/01/2002 - 09/30/2003 4.66/bimonthly 10/01/2003 - 09/30/2004 4.94/bimonthly 10/1/2004 Fire Hydrant Usage - Temporary 2/27/2001 Hook-up service 50.00 Continued use 50.00/month Consumption 1.81/ccf used Fire Rates (Sprinklers) 2/27/2001 6" or smaller 17.00/month 8" or larger 22.50/month Fire Service Connection 1,400.00 + 12% fee based 2/27/2001 on construction costs. Meter Disconnection Actual labor and material costs 1/2311996 Meter Installation Fees 5/8" x 3/4" Meter 325.00 2/27/2001 1" Meter 500.00 1 1/2" Meter 850.00 2" Meter 1,000.00 3" or more Meter Actual Cost 5/23/2000 Sanitary Sewer Service 6/6/2000 (City receives 21.4% of fees collected) Base Charge 15.58/dwelling unitimonth Use Charge 1.08/100 cubic feettmonth for individual customer winter average 34 t"n City of Tigard EXHIBIT A Fees and Charges Schedule Department Revenue Source Fee or Charge Effective Date Storm and Surface Water 6/6/00 (City receives 75% of fees collected) Service Charge 4.00/ESU/month Water Disconnection Charge for Non-payment 2/27101 During business hours 50.00 After hours, holidays and weekends 100.00 Water Line Construction - New Development 12% of Actual Cost 2/27/01 Water Usage Charges Residential 4.5614 0_0-eubie4eet~212VO4 1.71/100 cubic feet of water 10/01/2002 - 09/30/2003 1.81/100 cubic feet of water 10/01/2003 - 09/30/2004 1.92/100 cubic feet of water 10/1/04 Multi-Family 21'x2 101 1.69/100 cubic feet of water 10/01/2002 - 09/30/2003 2.04/100 cubic feet of water 10/01/2003 - 09/30/2004 2.16/100 cubic feet of water 10/1104 Commercial 1.8- V4 GO 6ubiG feet of wate 2127401 1.99/100 cubic feet of water 10/01/2002 - 09/30/2003 2.11/100 cubic feet of water 10/01/2003 - 09/30/2004 2.24/100 cubic feet of water 10/1104 Industrial 2/101 1.65/100 cubic feet of water 10/01/2002 - 09/30/2003 1.75/100 cubic feet of water 10/01/2003 - 09/30/2004 1.86/100 cubic feet of water 10/1/04 Irrigation 2127401 2.12/100 cubic feet of water 10/01/2002 - 09/30/2003 2.25/100 cubic feet of water 10101/2003 - 09/30/2004 2.39/100 cubic feet of water 10/1/04 35 e z, . 11 • 1 . 1• • , . Q l . ~i+tj tr,.lf 1 1 1 '.W' t 1 1 f a 11 11 -w a i 111 • 11 1'. r 1 Iron.Boo00v AwrOya B. Moe,Ny Aa000nntl 'MOVIe BAIT (bouE on 22 'Cl 01 ..90 l0e m,.Bnnfler Average B,Momnl, QeslEenlY1W al.r 8.11 WAn Wr. Bales VS MO]el M>0n 20B1 vrop<INns fi1N S• 161 (b n.v 1521 1 •iO •.1 r .-_'I ta116 } ;u ■ 0 ___J y 613 Sal Y, i . ~ fag U 1'11 I 1 1. 1 I 1: 1 il 1' } / / / / / 1 1 1 1 1 / 1 1• I• T3: 1 1 1 1 1 1 1 1 1' {y~?i • 1 1 0 1 • ! 1.1 1• ;rI Fi 1 I PUBLIC TESTIMONY SIGN IN AGENDA ITEM No. 12- PUBLIC HEARING -TO CONSIDER ESTABLISHING SANITARY SEINER REIMBURSEMENT DISTRICT NO. 24 - SW GAARDE STREET PLEASE PRINT Pro onent - (Speaking 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. L 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. i i i i AGENDA ITEM # FOR AGENDA OF June 25, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No. 24 (SW Gaarde Street) Iva PREPARED BY: G. Berry 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 four lots along SW Gaarde Street east of SW 118`" Avenue. The project will also provide for the installation of the sewer before construction of planned street improvements. 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. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Resolution Exhibit A, City Engineer's Report Exhibit B, Map and list of owners Notice to Owners with vicinity map Resolution 01-46 FISCAL NOTES Funding is by unrestricted sanitary sewer funds. I:~rwwewKnvo~2/cc.wa) fonoNia,.eo~ oil= June 11, 2002 CITY F TIGARD OREGON NN A UON& N I m I tA# %;kE Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, June 25, 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. 24. (SW Gaarde 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 Gaarde 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 503 639-4171 extension 2468 or at www.ci.tigard.or.us. f tengVregVeknbumemem tllstncW24 paaNetformatlonftd a I. lonnabon bearVq.Ooo 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 r Proposed Sanitary Sever Reimbursement District No. 24 (SW Gaarde 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 based on the area of the lot served and is summarized in the attached table. 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. GAARDE STREET rY 2001-02 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT 024 -Y I , ~ I I I N I j ~ I I p T~r I VICINITY MAP ars PROPERTIES INCLUDED IN REIMBURSEMENT DISTRICT CITY OF TIGARD, OREGON RESOLUTION NO. 01- 4(.0 A RESOLUTION REPEALING RESOLUTION NO. 95-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEP ENT 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, 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. SEC'T'ION 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 IMC 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(P Page 1 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 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 firnding 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 t2_ day of 2001. ayor Ci of 'and ATTEST: NQiiY.Red,order - City of and VCirywidorRes\Resoludon Revising the NeighboftW Sewer Incentive Pmgsm RESOLUTION NO.01-(,r Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No ralrnbuumomml available FAIRHAVEN ST/WYNo.9 4,508 No reirnburcoment avaAable HILLVIEW ST No.11 8,000 July 11, 2003 10e & JOHNSON No.12 5,598 No reimbursement amUablo 1007" & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVEtAND&HERMOSA No.15 5,038 No reimbursement available DELMONTE No.18 8,000 July 11,2003 O'MARA No.17 8,000 July 11,2003 'WALNUT & 121"* N0.18 - Amount to be rolmbunwd wUl be Throo yeom from earoioo nvaiabUity 'ROSE VISTA No20 detenninad once firral coats m determined. 'Currently being constructed .a rde Street- mbursement District No. 24 I CAARDE STREET TY 2001-02 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT 024 ^4.1 I I I I I I I N / IF- ~r- ~L_ _ ! I I VICINITY MAP m ® PROPERTES INCLUM IN REINBURMWERR DWIIICT Gaarde S'treet- t~ttiN;hnbursement District.Vo. 24 Total Estimated Cost- $77,490 Reimbursement Fee (Per Owner) $0.59 per square foot -The Reimbursement Fee will be reduced to $6,000 to the extent it does not exceed $15,000, for owners with connections completed within three years. -In addition, each owner will be required to pay a $2,335 connection and inspection fee. z I oil 31 mom= rde Street- mbursement District No. 24 In addition, each owner will be required to pay: •:i- $2,335 connection and inspection fee u funds treatment facility construction $50 (average) service charge - per two months operation and maintenance of the entire system I i 3 SIM 2 PUBLIC TESTIMONY SIGN IN AGENDA ITEM No. 13 PUBLIC HEARING - TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 26 - SW 1218T AVE SOUTH OF ROSE VISTA DRIVE PLEASE PRINT Pro onent - S eakin In Favor -Opponent - S eakin Against) Neutral e, Ad ess & P e o. Name, Address & Phone No. Name, Address & Phone No. AAA Ioo vc~ s 3 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. 1 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. H h AGENDA ITEM # 3 FOR AGENDA OF June 25.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No. 26 (SW 121St south of ~Rose Vista) As PREPARED BY: G. Berry DEPT HEAD OK CITY MGR OK /I 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 three lots along SW 121'' Avenue between SW Gaarde Street and Rose Vista Drive . The project will also provide for the installation of the sewer before construction of planned street improvements. 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. OTHER ALTERNATIVES CONSIDERED WV None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Resolution Exhibit A, City Engineer's Report Exhibit B, Map and list of owners Notice to Owners with vicinity map Resolution 01-46 FISCAL NOTES Funding is by unrestricted sanitary sewer funds. 1:lctlywWeberoVeYn26 (121st south of rose v4te).doo June 11, 2002 CITY OF TIGARD OREGON N U T I E Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, June 25, 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. 26. (SW 121St Avenue south of Rose Vista Drive) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW 1215 Avenue. 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 Mall Blvd. Tigard, Oregon 97223, by calling 503 639-4171 extension 2468 or at www.ci.tiaard.or.us. i VlmdRS9nM dSIMS176 fw1Y19 W.Ah of M" Vamm" I. b-zim MYMq ftc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Proposed Sanitary Sever Reimbursement District No. 26 (SW 121" Avenue south of Rose Vista Drive) 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 $17,280. 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 to the extent 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 accordance with Resolution 01-46. Consequently, if the final fair share for an owner turns out to be is as estimated, each owner would be required to pay $6,000 plus $2,280 ($17,280 minus $15,000) for a total of $8,280 for connections completed within the three year period. 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. 121ST AVE SOUTH OF ROSE VISTA FY 2001-02 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT #26 - - ROSE VISTA Oti N w A I _ cAa RDE RE -1- _ ~ fl ME NE J I , _ CHA DLER ~----1 ~A -r-r----T-R T~A VICINITY MAP NTS y yf,. PROPERTIES INCLUDED IN REIMBURSEMENT DISTRICT i V;IWIO VvewndAM+M ds11WS1M S.v171st SnUll. o/,OM.,9aV0rtNldNnb=lkite,0- -I 11IM11101 Proposed Sanitary Sewrer.Reirnbursement District No. 26 (SW 121x` Avenue south of Rose Vista Drive) At this meeting, City Council will be requested to fo... 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 $17,280. 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 to the extent it does net exceed $15,000, 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. Consequently, if the final fair share for an owner turns out to be is as estimated, each owner would be required to pay $6,000 plus $2,280 ($17,280 minus $15,000) for a total of $8,280 for connections completed within the three year period. 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. 121ST AVE SOUTH OF ROSE VISTA FY 2001-02 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT 428 ROSE VISTA O ~ I L 4 ID. rr I O )L1) ¢ a 1 CAAR E --L ME NE CHA DLER t VICINITY MAP NTs m PROPERTIES INCLUDED IN REIMBURSEMENT DISTRICT 1.%erypregVee Wrmmeo dstddsM swl2I st south of row viamm oonv ce t Wer.eoc CITY OF TIGARD, OREGON RESOLUTION NO. 01- '/(P 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, 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 sower connoctions 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.01-4-110 Page 1 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 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 persona 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 DA'T'E: July 10, 2001 PASSED: This 1J2 day of -10. AM 2001. yor Ci of 'and ATTEST: L4 i!j J2 A Recorder - City of ' and L•1Citywid W=\R=Iudon Revising the NeigW-tmd Sewer Incentive Pmgmm RESOLUTION NO.01-(A Page 2 MONO TABLE 1 Reimbursement Districts with Refunds Avallabie DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No rekftumemenl avallabls FAIRHAVEN ST/WYNo.9 4,508 No rah6unwnent available HILLVIEW ST No.11 5.000 July 11 , 2003 108"" & JOHNSON No.12 5,598 No mirlx noment available 100'" & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8.000 July 11,2003 BEVEIAND&HERMOSA No.15 5.035 No reimbursement available DELMONTE No.16 8,000 July 11.2003 O'MARA No.17 8,0110 Juiy 11.2003 'WALNUT Ifs 121'" N0.18 - Amount to bo reimbursed wnl be Throo yeors from sorvios evaiabiiity 'ROSE VISTA No20 dotemiined aim lint costs are determined. 'Currently being mnshucted I 121st Street- cmbursement District No. 26 121ST AVE SOUTH OF ROSE VISTA FY 2DOI-02 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISMCT #26 L, l i_LC _ t VICINITY MAP MC ® PROPERTM INMUDO) IN 114wo SOICNI DISII6Gf ' A 121st. Street- imbursement District No. 26 Total Estimated Cost- $51,850 Estimated Reimbursement Fee (Per Owner) $17,280 -The Reimbursement Fee will be reduced to $6,000 plus the amount in excess of $15,000, ($8,280) for owners with connections completed within three years. -In addition, each owner will be required to pay a $2,335 connection and inspection fee. z 1 121st S'treet- cmbursement District No. 26 In addition, each owner will be required to pay: ❖ $2,335 connection and inspection fee funds treatment facility construction ❖ $50 (average) service charge - per two months operation and maintenance of the entire system 3 2 PUBLIC TESTIMONY SIGN IN AGENDA ITEM No. 14 - PUBLIC HEARING - TO CO...,IDER PROPOSED ASSESSMENT INCREASE FOR THE METZGER PARK LOCAL IMPROVEMENT PLEASE PRINT Pro onent - (Speaking in Favor O onent - S eakin Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. C_1r~: s AA • LJ41La ~tz,,2s Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. rh I,pY10V0~V~ "v2 S 1;-, A 8 oaw a JL 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 June 25, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _ Consideration of Proposed Assessment Increase for the Metzger Park Local Improvement District PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK I ISSUE BEFORE THE COUNCIL The City of Tigard received a request from Washington County to approve the proposed increase in the Metzger Park Local Improvement District (LID) Assessment. STAFF RECOMMENDATION Conduct the public hearing for Tigard residents and hear a report from Washington County and Metzger Park Board representatives to determine whether the Council will approve the attached resolution. INFORMATION SUMMARY Attached is a letter from Mr. Larry Eisenberg, Facilities Manager for Washington County, outlining the request for Council approval to increase the assessment for the Metzger Park Local Improvement District (LID). A similar request was considered and approved by the Tigard Council in 1995 (Resolution No. 95-33 is attached). In 1976 Washington County established a local improvement district for the operation and maintenance of Metzger Park. Since then the annual assessment was increased in 1988 and 1996. Washington County advises that the assessment amount for the district needs to be increased to provide necessary revenues for the ongoing operation of Metzger Park. LID residents now pay approximately $15.60 per year (based on an assessed valuation of $150,000 for their property) and, if the proposed increase is approved, the assessment would increase to $23.40 per year. The total levy amount for the park budget would increase from its current amount of $60,500 to $90,500. In 1987, the City of Tigard annexed properties within the Metzger Park LID, and the County is asking the City Council to approve the proposed LID Assessment for the 2002-03 fiscal year. The County is also holding a public hearing on June 25, 2002, and hearing notices (attached) were mailed to the LID participants. Attached is a map of the LID area; the computer calculated there are 2,631 total lots of which 1,250 are in Tigard. Attached is a copy of the hearing notice for the Tigard City Council hearing, which appeared in the June 20, 2002, legal notice section of the Tigard Times. A proposed resolution is attached for Council's consideration. OTHER ALTERNATIVES CONSIDERED 1. Decline to approve the proposed increase. VISION TASK FORCE GOAL AND ACTION CQMMITTEE STRATEGY N/A ATTACHMENT LIST 1. Letter dated May 22, 2002, from Mr. Larry Eisenberg outlining the County's request for the City's approval of the increase of the Metzger Park Local Improvement District Assessment. 2. Map of the LID area. 3. Copy of the Notice of Public Hearing for the proposal to increase the Metzger Park LID assessment. 4. City of Tigard Resolution No. 86-53 - to continue the LID in the event of annexation to Tigard. 5. City of Tigard Resolution No. 95-33 - approving the last assessment increase, which was in 1995. 6. Copy of Washington County's Notice of Public Hearing 7. Proposed resolution for the requested assessment increase. . FISCAL NOTES The City budget is not affected by this request. I:1ADM\PACKET'02\20020625\METZGER PARK LID AIS.DOC . tl Attachment 1 WASHINGTON COUNTY OREGON C):"V• REp~i~'5p G May 22, 2002 Lt] Z inist~~tio~ The Honorable Tigard City Council ~d c/o Mr. Bill Monahan, City Administrator City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 Dear Members of the Tigard City Council: As I believe you are aware, the 2002-2003 operating budget for the Metzger Park Local Improvement District (LID) has been approved by the Washington County Budget Committee. Although that budget is in balance, the assessment amount for the district needs to be increased to provide necessary revenues for the on-going operation of Metzger Park in a fiscally responsible manner. In response to a request from the Metzger Park LID Advisory Committee, the Washington County Board of Commissioners has initiated the necessary steps, including a notification to all property owners in the LID, and a call for a public hearing to be held on June 25, 2002 at 6:30 PM. As has occurred previously, the Tigard City Council must also approve the proposed increase in the LID assessment, if it is to occur. As a result, on behalf of the Metzger Park LID Advisory Committee, I am requesting that your Council consider an increase in the Metzger Park LID levy from its current amount of $60,500 to $90,500. This increase will cause the tax rate to increase from $.104 per $1,000 assessed value to $.156 per $1,000 assessed value, or an increase of approximately 5.2 cents per thousand dollars of value the first year. This equates to a $5.20 increase to the owner of a $100,000 home. BACKGROUND In 1976, Washington County established a local improvement district for the operation and maintenance of Metzger Park. In May of 1988, the maximum annual assessment for the Metzger Park LID was increased from $27,000 to $40;500. In 1996, the maximum annual assessment was increased from $40,500 to $.60,500. The fiscal year 2001-02 revenue budget is $74,975, with 77% of the revenue ($57,475) received from the LID assessment and 21% ($16,000) from hall rental, and 2% ($1,500) from interest. In 1987, the City of Tigard annexed properties within the Metzger Park LID. Since the City of Tigard annexed the properties prior to the 1988 assessment, it was County Counsel's opinion that the City of Tigard must r approve the increased assessment for properties within the City of Tigard. The Tigard City Council approved the assessment for the current tax year on August 24, 1993. The Tigard City Council again approved the increase in 1996. The City Council is now being asked to approve the proposed increase in the LID Assessment for the 2002-2003 fiscal year and beyond at your meeting of June 11, 2002. Department of Support Services • Facilities Management Division 1 I I SE Washington Street, MS 42. Hillsboro. OR 97123-4055 phone: (503) 846-8715 • fax: (503) 846-4851 May 22, 2002 Page 2 Assessments for the Metzger Park LID are proposed for adoption for Fiscal Year 2002-2003 as summarized below: No. of Lots Total Assessment 2,480 $90,500.00 The proposed new assessment is $90,500, an increase of $30,000 per year. The estimated tax rate impact of this proposed increase for a six-year period, assuming a 3% increase in valuation, as allowed under Measure 50, is as follows: Calendar Tax Rate/1000 Valuation Assessment 02 .1050 578,809,280 60,500 03 .1520 596,173,558 90,500 04 .1470 614,058,765 90,500 05 .1430 632,480,528 90,500 06 .1390 651,454,944 90,500 07 .1350 670,998,592 90,500 08 .1310 691,128,550 90,500 The additional revenues generated by the increased assessment would be used in several ways, as outlined below. - o Inflationary cost increases Metzger Park has been experiencing ongoing inflationary cost increases in personnel service and materials and supplies. It is assumed that the Park operating budget will increase by 3% a year to cover these basic inflationary costs. s Contingency Provide for a contingency level of approximately $30,000 annually to meet cash flow requirements through the first third of the fiscal year until LID revenues are received. Contingency funds also provide assurance that unexpected costs will be covered if necessary. a ADA compliance and capital projects Funds are needed to complete pathways to meet ADA requirements at the park. In addition, the primary parking area at Metzger Park has seriously deteriorated due to weather and age. The lot needs to be rebuilt, or receive a new topcoat, and then be re-striped. In addition, the two supplemental gravel parking areas near the tennis court and basketball court need to be paved and striped to provide more effective parking and meet access requirements for the disabled. 6 Equipment replacement Park equipment, including lawn mower, floor buffer, swings, tennis court net, interior and exterior furniture, etc., needs periodic replacement. The Park budget does not have a reserve to absorb the cost of replacing this equipment. May 22, 2002 Page 3 o Building, component replacement The Park does not have a reserve to cover the cost of replacing building systems as they fail. The need to obtain a. County General Fund loan in prior years to cover the cost of roof structural damage is a good example of this situation. Plumbing fixtures, HVAC, and electrical systems all need periodic repair and replacement. As a special fund, the Park needs to be able to cover the cost of the failure of significant building components. A 20= year straight-line depreciation method is used to capture the value of the existing structure, as a proxy for expected costs of ongoing building system replacement. As depicted in the attached table, the first use of the increased assessment would be to cover inflationary costs, begin the rebuilding of the operating contingency; address critical capital needs, and begin the establishment of the building replacement fund. A three-year build-up of funding is noted in the equipment replacement line to allow for replacement of the large park tractor/mower in 2004-2005. The general expenditure pattern continues over the next several years to meet basic needs and allow the desired operating contingency level of $30,000 to be achieved. During this period, available funds are also directed into the new building component replacement reserve. Funds are identified in the later years to meet on-going equipment replacement requirements. Other on- going inflationary cost increases are covered as well. This proposed program should effectively meet current park needs and allow reserves to be built for future expenses as well. If all assumptions remain intact, it is likely that the proposed LID fee increase would provide adequate funding for Metzger Park for the foreseeable future. Because no other viable mechanism currently exists to provide for Metzger Park maintenance, your approval of the proposed increase in the LID assessment is requested at this time. County staff and members of the Metzger Park Advisory Board will be in attendance at your meeting of June 11 and will be able to respond to any questions that you may have. Thank you for your consideration. Sincerely, Larry Eisenberg Facilities Manager Department of Support Services cc: Charles Cameron Robert Davis Chris Wayland Jeanette Carter Members, Metzger Park Advisory Board ji~ METZGER PARK LID ASSESSMENT INCREASE SIX-YEAR ALLOCATION 2002-03 2003-04 2004-05 2005.06 2006.07 2007-08 1. Inflationary Cost $2,598 $2,675 $2,756 $2,838 $2,924 $3,011 Increases 2. Operating $4,652 $3,075 $2,994 $10,912 $10,826 $10,739 Contingency 3. ADA Compliance $2000 $5,000 $5,000 $-0- $-0- $-Q- & Capital Outia 4. Equipment $6,500 $5,000 $5,000 $2,000 $2,000 $2,000 Replacement (Capital Outlay) $12,750 0 5.B i . 9 dn$12,750 $12,750 $12,750 $12,750 $12,75 Replacement TOTALS $28,500 $28,500 $28,500 $28,500 $28,500 $28,500 1. Current Operating Budget = $86,585 (Inflation calculated @ 3%) 2. Annual Contingency shown here is between 3% & 11% of operating budget (current contingency is now zero). Contingency will increase annually if not utilized and by FY 2006-07 the budgeted contingency will be approximately $32,459 (32% of the operating budget). 3. Parking Lot re-paving & striping, and miscellaneous ADA paving 4. Mower with attachments and other equipment replacements 5. Current building replacement value @ $255,000. Per year amount based on 20-year straight-line depreciation method. Current LID Assessment $60,500 Proposed Increase $30,000 New Total Assessment $90,500 NOTE: 1976 Assessment $18,000 1981 Assessment $27,000 1988 Assessment $40,500 1996 Assessment $60,500 Proposed 2002 Assessment $90,500 Collection rate currently @ 95% of LID Assessment Historically, Metzger Park LID Assessment increases by an average of 50% every 6 years. 2002 is the 6 h year at the current level. loll OUTSIDE OF OITYI IM17S G20GRAPHIC INFORMATION SYSTEM Metzger Area LID } t 'cr_ °I ® ® 71pfdCRYUnb UDBWnWV /L.II f 1 x ~ 3 t , cc l S ffig } N ® ; r L af~ee <-3` 0 500 1000 1500 2000 Feat 1~IJ50teei tJ "i } y 1 3.% O { . _ City of Tigard ms's amudlan an ws map is # 9e110111 laeatlan 0* and td be vaMed w1h tho Devalopmant SwAms DNW n. 15125 SW Hs1 BW Tigard. OR Qr ~i►7T VIN CI T Y UMI TS (503) e39-4171x' httpJAeaw.d.Bpadaus ommunity Development Plot date: Jun 11.2002: f:►aMoeRsoeciallmetaaedid.aor Attachment 3 NOTICE OF PUBLIC BEARING TIGARD CITY COUNCIL MEETING - JUNE 25, 2002 7:30 PM - TIGARD CITY HALL 13125 SW BALL BOULEVARD, TIGARD, OREGON CONCERNING A PROPOSAL TO INCREASE THE ASSESSMENT FOR THE METZGER PARK LOCAL IMPROVEMENT DISTRICT The Tigard City Council received a request from Washington County to approve the proposed increase in the Metzger Park Local Improvement District assessment. Local improvement district participants now pay approximately $15.60 per year (based on an assessed valuation of $150,000 for their property) and, if the proposed increase is approved, the assessment would increase to $23.40 per year. The Council will conduct a public hearing to hear testimony and then consider whether or not to support this increase. County staff members and members of the Metzger Park Advisory Board will be at the hearing to respond to questions. For more information, contact City Recorder Cathy Wheatley at 503-639-4171, ext. 2410 or by email: cthy@ci.tigard.or.us. By: Catherine Wheatley, City Recorder TT Publish June 20, 2002 I:WDM\PACKET'021200206251METZGER PARK NOTICEMOC s I Attachment 4 4 curt' OF TIGARD, OREGON RIiSOLUTION NO. 86 - -a A RESOLUTION OF THE CITY OF 'r1GARD, OREGON, DECLARING THE CITY'S SUPPORT FOR THE METZGERAIASNINGTON SQUARE ANNEXATION TO TIGARD. Whereas, the Metzger/Washington Square Community Planning; Organization (CPO) has been studying; its options in maintaining; and improving municipal services; Whereas, the CPO asked the City to conduct a Municipal Services Study for the area and outline the City services available upon annexation; Whereas, the Tigard Municipal Services Study for the Metzger/Washington Square CPO has been completed and presented at a CPU meeting; and, Whereas, citizens in the community and through the CPO have asked the City to formally declare its position towards a Metzger/Washington Square annexation dd proposal; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section I. Election. The City reaffirms its preference for a Metzger/ Washington Square community vote on a comprehensive proposal for the Metzger/ Washington Square area; and encoureges timely hearings and an election by Novetsber, 1986 if possible; Section 2. CPO Plan Recognition. The City agrees to the County CPO Land Use Plan and, recognition. of the CPO as a new City Neighborhood Planning Organiza- tibn=(NPO) immediately'. upon annexation; r✓: Section 3. Cit Services: The City agrees to extend the same levels of City - services into the Metzger/Washington Square area as provided inside current ..City limits; providing but not limited to: Police, Library, Parks (unless Metzger opts to continue the Park LID), Streets, Sewers, Storm Drainage, Street'Lighting, Building, Planning, Engineering and all other General Govern- ment services. err . iiS&iTrIOH W.,86 a~ r tt,, +y u~ p r 7 ~ t .R t d~'e l~ wC .,t•;4 •r -0 I Sy~~ ~i 't . 1 f ~ f: { t Y t}-4 t }Cr: r1 ~.f~ ~,a'J. Y~ ~'~l^ rh>a ~ ~;~`!'~,~1 r 4 s Y jl' ` v+. "j`- ray ~ • C' a. 1' i Section 4. Special CIP. The City further agrees to dedicate all :he net revenues total now revenue leas cost of City services in U3 above n net revenue) coming from annexation back into the l•1etzger/W2shington Square area for 5 years following annexation into a Special Captial Improvements Projects (CIF) fund for sidewalks, bikepaths, street, sewer, storm drainaze enL. other public improvements. Section 5. Representation. Upon annexation, the Metzger/Washington Square shall have all the rights and opportunites available to Tigard residents and property owners. PASSED: This 5th day od May, 1986. ~A r - City of Tigard ATTEST., 4 Deputy City Recorder - City of Tigard J; : r '~a•a.o- ' i;t~. •rt~i4:~~ Ya}~ti.. ;~F,,•?'tic,'~i4 5 Jyh.~ r7L.~ .'S ~ o t~%... .c L~. 1 r ~ :r ro ~ ~ ~a u' roEll lie Attachment 5 CITY OF TIGARD, OREGON RESOLUTION NO. 95--3-3 _ f a.'y A RESOLUTION OF THE CITY OF TIGARD APPROVING AN INCREASE IN THE LOCAL IHPROV7_n'O,NT DISTRICT ASSESS14ENT FOR THE OPERATION AND MAINTENANCE OF MI T7, V VR PARK WHEREAS, in 1976, a local improvement district for the operation and maintenance of Metzger Park was established by Washington County; and Whereas, the City of Tigard annexed approximately 548 of the parcels in the Metzger Park LID in 1987; and WHEREAS, by Resolution No. 86'-53, the City council acknowledged the Metzger community's option to continue the LID in the event of annexation to the City of Tigard; and WH2RE AS, the maximum annual operations and maintenance assessment for Metzger Park was increased to $40,500 in May, 1988 after annexation of a portion of the district to the City of Tigard; and WHEREAS, the LID assessment is annually charged against the non-school taxing districts tax limit of $10.00 per $1,000 of assessed valuation; and WHEREAS, Washington County compiles a Tax Coordination Plan annually, which in part forecasts the future tax rate for all non-school taxing districts; and WHEREAS, the current revenue received by Metzger Park are inadequate to sustain continued operation an maintenance at an appropriate level. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The ongoing maximum annual operations and maintenance assessment for Metzger Park in an amount not to exceed $60,500.is hereby approved. Section 2: In the event.the Tax Coordination Plan forecasts the tax rate within the City of Tigard nearing the limit, imposed by Article XI, section lib of the Oregon Constitution, by reaching $9.00 per $1,000 of assessed valuation, the City of Tigard will confer with Washington County to determine a means by which the City of'Tigard's ability to levy taxes within the property tax limitation is not impeded', by the LID assessment for Metzger Park. . RESOLUTION ENO' 95- y`.k, ~.V. i~Vti+4~.. ty ~ ~h•SC2+ .ray : ~Gfd'~.~.fl ~•;i."t•,Rl`'x~;r,?it 7 ~ t i~ ~.1~::.. ..}Sµ Fd..a~~..~t' 1 1 N ESL PASSED: This ~ day of 1995. ~ i • M^ o - City of Tigard ATTEST: t City Recorder - Cite of Tig#lkl ht\lopln\aathykxta.rs~ I i t. i I I I ' I' i RMSOLUTION NO' 9543- ?M0 '.§.rC~!?YYtIRh'167b-rfcJ_r`?.h•;~y„rt 9. LJ'. • JUN-07-02 FR II 002123 PM WASH 00 FAC I L I TES KGNT FAX NO. 5038484851 P. 02 Attachment 6 NOTICE OF PUBLIC HEARING METZGER PARK LOCAL IMPROVEMENT DISTRICT INCREASE IN MAXIMUM ANNUAL ASSESSMENT The board of County commissioners will hold a public hearing on June 25, 2002, at 6:30 pm In the Shirley Huffman Auditorium, Public Services Building, 155 N. First Avenue, Hillsboro, OR. The Metzger Park LID Advisory Board has recommended increasing the current maximum annual assessment against all properties in the district from $60,500 to $90,500 per year. The Board may levy assessments on an annual basis within the maximum without a further public hearing. The Board will consider written and oral testimony regarding the proposed increase received before the close of the hearing. The Board may adapt an order establishing a new maximum annual assessment and levying an assessment. The current assessment for 2001/2002 is $104 per $1,000 assessed valuation ($10.40 on a $100,000 property). The proposed assessment for 2002/2003 Is $.166 per $1,000 assessed valuation ($15.60 on a $100,000 property). This would amount to an increase of approximately $5.20 per year on a property valued at $100,000. You may estimate the charge on your property by multiplying $.1560 x the market value shown on your tax statement. Note that the actual amount will change as the value of your property for tax purposes changes. You also may call the number listed below for an estimate of the amount of the charge on your property. The proposed assessment, or the assessment as modified by the Board, will be certified to the tax roll for collection with your property taxes. The authority for a maximum annual assessment shall be revoked If the board receives a written request to revoke signed by more than one-half of the owners representing more than one-half of area of the property within the local Improvement district. The signatures cannot be more than 60 days old. The maximum annual assessment was last increased in 1995. Assessments are used to provide revenues for the operation and maintenance of Metzger Park only. Metzger Park Is a seven (7) acre neighborhood, day use facility funded with local Improvement district revenues and Income generated from the rental building onslte. If you have any questions or want further information on this topic before the above hearing, please contact the Department of Support Services, Facilities Management Division, at 111 SE Washington, Hillsboro, OR 97123 or telephone 603-646-8715. Washington County Board of Commissioners FAShareffacilities Mgml\Perks\METZGER PARKN02.356005-METZGER PARK LID Incroase Notloe.doc mill