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City Council Packet - 10/28/2003CITY of TiGaRu OREGON TIGARD CITY COUNCIL MEETING October 28, 2003 COUNCIL MEETING WILL BE TELEVISED I %0fs%DV"'sw-Cp 3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. 3' ) Council Meeting of 12' 2 - 03 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING October 28, 2003 STUDY SESSION Meeting was called to order at 6:32 P.M. Council Present: Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson. > NEW TIGARD LIBRARY PROJECT UPDATE and Library Director Margaret Barnes new Tigard Public Library. The enew~library accomplishments related to then project remains on schedule and within budget. As a result of being within the budget the project now has the opportunity to add some additional features to the new library. These features include: enhancements to the Community projectfurnishings Meeting Room, the developmmnetheseCoffee enhancementsaadditional financial for public spaces. To fully Implement resources will now need to be allocated to targeted areas. Hall Street Boulevard work is expected to be completed in November. Council will tour the construction site on Saturday, November 22, at 9 a.m. EXECUTIVE SESSION: Not held. ADMINISTRATIVE ITEMS: o TVFazR Lunch rescheduled to December 3 at noon. o Bull Mountain - meeting calendar October r viewed. First Coffee Talk will take this place on Thursday, 30. o The Land reUse Board of Appeal oral scheduled to November 20, 6ep.mtate ewiis' has been and Clark Law School Page 1 Tigard City Council Meeting Minutes - October 28, 2003 o Revised Resolutions for Consent Agenda Items 3.3 and 3.4. These agenda items both contain resolutions for the Council's consideration. The effective date of the resolution was not specified in the draft resolutions. The revised resolutions note that each resolution is effective immediately upon passage. This is the only change to the resolutions. o Consent Agenda Item No. 3.6 - A copy of an e-mail message from Councilor Wilson was distributed to Council wherein he advised that he will not be voting on this item due to a potential conflict of interest. This item was removed for separate consideration on the Consent Agenda so that Councilor Wilson was able to vote on the remaining Consent Agenda items. o Agenda Item 7 - Ash Creek Estates Planned Development Final Order - City Attorney Gary Firestone advised Council on options regarding public input on the final order. Accepting new testimony is not required unless the Council believes new information is presented in the materials staff has provided with regard to the adoption of the Final Order. BUSINESS MEETING 1.1 Mayor Griffith called the meeting to order at 7:31 p.m. 1.2 Roll Call: Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson. 1.3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA o Mr. John Frewing, 71 10 SW Lolb Lane, Tigard, Oregon, requested the Ash Creek Estates Hearing (reference Agenda Item No. 7) be reopened to allow him to provide clarification and respond to testimony and new evidence provided by other parties at the August 12 and September 9 hearings before the Council. Mr. Frewing cited his reasons for the request for a continuance. City Attorney Firestone responded to Mr. Frewing's request just prior to the Council consideration of Agenda Item No. 7 noting that the Council could proceed with consideration of the proposed resolution unless the Council believed new evidence had been presented. Mr. Frewing's reference to his request for a continuance in his August 29, 2003, communication did not apply as the state statute Mr. Frewing referenced applied to the first evidentiary hearings, which was at the Planning Commission. o Mr. Dan Murphy, 14070 SW Hall Boulevard, Tigard, Oregon presented the Council with a "star plaque" noting appreciation by the Broadway Rose Theatre Company for the City's support of the Theatre's 12th season. Tigard City Council Meeting Minutes - October 28, 2003 Page 2 3. CONSENT AGENDA: Motion by Councilor Moore, seconded by Councilor Sherwood to adopt the Consent Agenda, except for Agenda Item No. 3.6, which was considered separately: 3.1 Approve Council Minutes for September 23, and October 7 and 14, 2003 3.2 Receive and File a. Council Goal Update - Quarter 3 - 2003 3.3 Approve the Submittal of an Application for a Land and Water Conservation Fund Grant to Provide Partial Funding of the Cook Park/Durham Segment of the Tualatin River Pedestrian Trail - Resolution No. 03-56 3.4 Initiate Vacation Proceedings for a Portion of Public Right-of-Way Known as SW 74th Avenue (VAC2003-00001) - Resolution No. 03-57 3.5 Approve the Washington County Cooperative Library Services Public Library Services Agreement 3.6 Considered separately - see below. 3.7 Local Contract Review Board: a. Award the Contract for Engineering Services for the Next Phase of the Aquifer Storage and Recovery System Expansion to Groundwater Solutions, Inc. and Murray Smith and Associates, Inc. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Dirksen advised of a potential conflict of interest with Item No. 3.6 as his landscaping firm submitted a proposal to Montgomery Watson Harza to furnish services in conjunction with the preparation of the environmental impact statement for this project. Subsequently Montgomery Watson Harza was selected as the consultant for that work and Councilor Wilson expected his firm would soon enter into contract negotiations. Councilor Wilson left the Council desk during the vote and did not participate in the vote on Item 3.6 Motion by Councilor Moore, seconded by Councilor Dirksen, to approved Consent Agenda Item 3.6: 3.6 Approve an Amendment to the ]oint Funding Agreement for Integrated Water Resource Management Water Supply Feasibility Study The motion was approved by a unanimous vote of the Council members who voted: Tigard City Council Meeting Minutes - October 28, 2003 Page 3 Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Did not vote. 4. PRESENTATION ON THE NEW PROVIDENCE NEWBERG MEDICAL CENTER AND HOSPITAL Mr. Art Lutz introduced this agenda item and representatives of the new Providence Newberg Medial Center. Mr. Mark May gave a presentation on the medical center and hospital. The $58 million regional medical facility will offer enhanced outpatient and inpatient services. A community forum will be held at the Tigard Water building on Monday, November 3, 7-8 p.m. to share information about this new facility. 5. (LOCAL CONTRACT REVIEW BOARD ITEM [LCRBJ)CONSIDER APPROVING CHANGE ORDERS TO THE HALL BOULEVARD IMPROVEMENT PROJECT a. City Engineer Duenas presented this item; a copy of the staff report is on file with the City Recorder. b. After discussion clarifying the type of work that was done for the fish culvert, motion by LCRB Member Sherwood, seconded by LCRB Member Wilson, to approve the change orders to the contract with Eagle Elsner for the Hall Boulevard improvement project and authorize additional changes up to 10% of the original contract amount without further action. The motion was approved by a unanimous vote of LCRB members present: Board Chair Griffith - Yes LCRB Board Member Dirksen - Yes LCRB Board Member Moore - Yes LCRB Board Member Sherwood - Yes LCRB Board Member Wilson - Yes 6. UPDATE ON YOUTH COURT Municipal Judge Michael O'Brien, Court Manager Nadine Robinson, and Washington County Juvenile Department Representative Mike Krueger presented Tigard City Council Meeting Minutes - October 28, 2003 Page 4 an update to the City Council. The Youth Court program for first offenders was developed in response to a 1999 statute authorizing municipal courts to assume jurisdiction over certain categories of juvenile offenses. The current program was reviewed and approved by Council and the Washington County Circuit Court in 2002. The program has been continually refined in cooperation with the Tigard Police Department, Tigard Peer Court, the Washington County juvenile Department and the Washington County District Attorney. There was no objection by the Council regarding the following recommendation by presenters: "The large majority (92%) of participants, with the active involvement of one or more parents, has successfully completed the Youth Court program. Recidivism and noncompliance rates have remained very low. At current levels, the Youth Court's caseload has not imposed any significant burdens on court staff or budgets. We therefore recommend that the Youth Court program continue, subject to further evaluation as part of the Municipal Court's annual review of operations next spring." 7. CONSIDER FINAL ORDER REGARDING THE ASH CREEK ESTATES PLANNED DEVELOPMENT (SUB2003-00010/PDR2003-0004/ZON2003- 0003/SLR2003-00005/VAR2003-00036/VAR2003-00037) ITEM ON APPEAL: On July 7th, 2003, the Tigard Planning Commission held a public hearing to consider an application to Subdivide 9.36 acres for a 29-lot single-family detached housing Planned Development Subdivision; Sensitive Lands Review for areas with steep (>25%) slopes, a drainage way and wetlands and; adjustments to the cul-de-sac length standard, maximum number of units permitted on a cul-de-sac, and to the street grade on SW 74th Avenue. The Planning Commission moved to deny the applications which failed in a 4-4 tie vote, then moved to approve the applications, which also failed in a 4-4 tie vote. Based on the Commission's by-laws and Robert's Rules of Order, without a majority affirmative vote, the application is denied. Since no motion was approved, no findings in support or against the application were adopted. The City Council is therefore, essentially rehearing this application to make a final determination as to whether or not it meets the relevant criteria of the Development Code. LOCATION: 9750 SW 74th Avenue; WCTM IS 125DC, Tax Lots 300 and 400. ZONE: R-4.5: Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.380, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. a. Associate Planner Morgan Tracy presented the staff report, which is on file with the City Recorder. Tigard City Council Meeting Minutes - October 28, 2003 Page 5 b. City Attorney Firestone responded to Mr. Frewing's request just prior to the Council consideration of Agenda Item No. 7 noting that the Council could proceed with consideration of the proposed resolution unless the Council believed new evidence had been presented. Mr. Frewing's reference to his request for a continuance in his August 29, 2003, communication did not apply as the state statute Mr. Frewing referenced applied to the first evidentiary hearings, which was at the Planning Commission. C. Motion by Councilor Dirksen, seconded by Councilor Sherwood, to approve Resolution No. 03-58. During discussion on the motion, Council members indicated they did not believe the proposed findings contained new information. RESOLUTION NO. 03-58 - A RESOLUTION AND FINAL ORDER APPROVING THE ASH CREEK ESTATES SUBDIVISION (SUBDIVISION (SUB) 2003-00010/PLANNED DEVELOPMENT REVIEW (PDR) 2003- 00004/ZONE CHANGE (ZON) 2003-00003/SENSITIVE LANDS REVIEW (SLR) 2003-00005/ADJUSTMENT (VAR) 2003- 00036/ADJUSTMENT (VAR) 2003-00037), ADOPTING FINDINGS AND IMPOSING CONDITIONS. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 8. CONSIDER AMENDING RESOLUTIONS NOS. 03-25 AND 02-28 TO INCREASE CERTAIN FEES FOR ENGINEERING AND LAND USE PLANNING Budget and Finance Analyst Michelle Wareing presented the staff report on staff's recommendation that the Council adopt the proposed resolution to amend the Master Fees and Charges Schedule and update certain fees. Letters to the Homebuilder's Association were sent; no response was received. Motion by Councilor Moore, seconded by Councilor Dirksen, to adopt Resolution No. 03-59: RESOLUTION NO. 03-59 - A RESOLUTION AMENDING RESOLUTIONS NO. 03-25 AND NO. 02-38 BY AMENDING EXHIBIT A THERETO AND INCREASING CERTAIN FEES FOR ENGINEERING, LAND USE PLANNING, Tigard City Council Meeting Minutes - October 28, 2003 Page 6 AND MODIFYING THE INDEX PERIOD USED FOR THE ANNUAL AD]USTMENT OF THE LAND USE PLANNING FEES The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 9. COUNCIL LIAISON REPORTS: None 10. NON AGENDA ITEMS: None 11. EXECUTIVE SESSION: Not held. 12. AD]OURNMENT: 8:47 p.m. Attest• o igar Cp eu~ ~ 03 at Brine eat ey, ity ecor er i:\adm\cathy\ccm\2003\031028.doc Page 7 Tigard City Council Meeting Minutes - October 28, 2003 Mayor's Agenda TIGARD CITY COUNCIL MEETING OCTOBER 28, 2003 6:30 p.m. TIGARD CITY HALL 13125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: CITY OF TIGARD OREGON Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda Item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (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, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - OCTOBER 28, 2003 page 1 AGENDA TIGARD CITY COUNCIL MEETING OCTOBER 28, 2003 6:30 PM • STUDY SESSION > NEW TIGARD LIBRARY PRO]ECT UPDATE ■ Library Staff s EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session Is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council at Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:40 PM 3. 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: 3.1 Approve Council Minutes for September 23, and October 7 and 14, 2003 3.2 Receive and File a. Council Goal Update - Quarter 3 - 2003 3.3 Approve the Submittal of an Application for a Land and Water Conservation Fund Grant to Provide Partial Funding of the Cook Park/Durham Segment of the Tualatin River Pedestrian Trail - Resolution No. 03-56 COUNCIL AGENDA - OCTOBER 28, 2003 page 2 3.4 Initiate Vacation Proceedings for a Portion of Public Right-of-Way Known as SW 74th Avenue (VAC2003-00001) - Resolution No. 03'4 ' 3.5 Approve the Washington County Cooperative Library Services Public Library Services Agreement 3.6 Approve an Amendment to the joint Funding Agreement for Integrated Water Resource Management Water Supply Feasibility Study 3.7 Local Contract Review Board: a. Award the Contract for Engineering Services for the Next Phase of the Aquifer Storage and Recovery System Expansion to Groundwater Solutions, Inc. and Murray Smith and Associates, Inc. o Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. PRESENTATION ON THE NEW PROVIDENCE NEWBERG MEDICAL CENTER AND HOSPITAL a. Staff Introduction: Administration Staff b. Presenter: Mr. Art Lutz 8:00 PM 5. CONSIDER APPROVING CHANGE ORDERS TO THE HALL BOULEVARD IMPROVEMENT PROJECT a. Staff Report: Engineering Staff b. Council Discussion C. Local Contract Review Board Consideration: Motion to approve the change orders to the contract with Eagle Elsner for the Hall Boulevard improvement project and authorize additional changes up to 10% of the original contract amount without further action. 8:05 PM 6. UPDATE ON YOUTH COURT a. Staff Report: Finance Staff b. Council Discussion COUNCIL AGENDA - OCTOBER 26, 2003 page 3 8:35 PM 7. CONSIDER FINAL ORDER REGARDING THE ASH CREEK ESTATES PLANNED DEV ELOPMENT(SU B2003-00010/PDR2003-0004/ZON2003-0003/SLR2003- 00005/VAR2003-00036/VAR2003-0003 7) ITEM ON APPEAL: On July 71, 2003, the Tigard Planning Commission held a public hearing to consider an application to Subdivide 9.36 acres for a 29-lot single- family detached housing Planned Development Subdivision; Sensitive Lands Review for areas with steep ( > 25%) slopes, a drainage way and wetlands and; adjustments to the cul-de-sac length standard, maximum number of units permitted on a cul-de-sac, and to the street grade on SW 741 Avenue. The Planning Commission moved to deny the applications which failed in a 4-4 tie vote, then moved to approve the applications, which also failed in a 4-4 tie vote. Based on the Commission's by-laws and Robert's Rules of Order, without a majority affirmative vote, the application is denied. Since no motion was approved, no findings in support or against the application were adopted. The City Council is therefore, essentially rehearing this application to make a final determination as to whether or not It meets the relevant criteria of the Development Code. LOCATION: 9750 SW 74`h Avenue; WCTM 1 S125DC, Tax Lots 300 and 400. ZONE: R-4.5: Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.380, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810. a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. 03-58 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: COUNCIL AGENDA - OCTOBER 28, 2003 page 4 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. 62- 8:55 PM . -25 8. CONSIDER AMENDING RESOLUTIONS NGINEERINGOANDOLAND USE PLANNINGT INCREASE CERTAIN FEES FOR E a. Staff Report: Finance Staff b. Council Discussion C. Council Consideration: Resolution No. 03-59 Councilor: 1 move for adoption of the proposed Resolution. Councilor: 1 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? e Fr Mayor (after lease say I discussion): All of those in favor of adopting Resolution No. p Y Y Councilors: 0 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. 9:10 PM 9. COUNCIL LIAISON REPORTS 9:15 PM 10. NON AGENDA ITEMS page 5 COUNCIL AGENDA - OCTOBER 28, 2003 9:20 PM 1 1. 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. 9:25 PM 12. ADJOURNMENT I:\ADM\CATHY\CCA\2003\031028).DOC COUNCIL AGENDA - OCTOBER 28, 2003 page 6 AGENDA ITEM NO. - VISITOR'S AGENDA DATE : OCTOBER 28, 2003 (Limited to 2 minutes or less, please) Please sign on the appropriate but asks that sheet to rsolve your concerns th through staff. to hear from you on other issues Please contact the City Manager not on the agenda, bu you fist try prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED 'Pw b,- be 1a9ep Cf-- 22 ,D ( k U IZ0 HK'1 A,i~.k vAt -11 VISITOR'S AGENDA Page 1 V►s► -or s A 3i,,,L( a_ VISITORS STATEMENT BY JOHN FREWING 10/28/03 Mayor Griffith and City Council Members: Thank you for this two minute opportunity to address you. I respectfully am proposing now that you reopen the hearing record of the Ash Creek Estates matter when it comes before you later in this meeting. Such reopening will allow me to provide clarification and respond to testimony and new evidence by other parties provided at your 8/12 and 9/9 quasi-judicial hearing. If recognized later in this meeting, when you are considering the Ash Creek Estates development, I will repeat this request for reopening of the hearing record and provide my current comments on the late filed material. As the record shows, I DID ask for a continuance of the hearing before you in my written material of August 29, 2003, which, since your hearing was de novo, was timely with respect to the first evidentiary hearing, and you have not responded in any way to this date. State law at ORS 197.763 (a) and (b) require that when requested, the local government decisionmaking body shall grant a continuance of at least seven days in order for all parties to respond to late filed material. I have not completed my review of the 37 pages of findings (which include new evidence) in this proceeding but hope to complete such review in 10 days. You may be concerned about extending your final decision beyond 120 days from acceptance of the application (the 120-day rule). The same state law, which establishes the 120-day rule provides for an exception when the development decision is not wholly within the scope of the local jurisdiction. In this case, the development decision depends also on Division of State Lands and US Army Corps of Engineers permits not yet issued and therefore the 120-day rule is not applicable. John Frewing 7110 SW Lola Lane Tigard, OR 97223 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING - STUDY'SESSION October 28, 2003 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon The Study Session is held in the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, the Council may move the Study Session to the Town Hall. 6:30 PM STUDY SESSION > NEW TIGARD LIBRARY PROJECT UPDATE ■ Library Staff 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. ADMINISTRATIVE ITEMS - To be rescheduled: TVFaER Lunch was on the calendar for November 20 at the Fire Station at Noon - New dates to consider: December 3, 17 or 18 - Bull Mountain - review of meeting calendar - The Land Use Board of Appeal oral argument in the Media Art case has been rescheduled to November 20, 6 p.m. at Lewis and Clark Law School - Revised Resolutions for Consent Agenda Items 3.3 and 3.4. These agenda items both contain resolutions for the Council's consideration. The effective date of the resolution was not specified in the draft resolutions. Attached are revised resolutions noting that each resolution Is effective immediately upon passage. This is the only change to the resolutions. - Consent Agenda Item No. 3.6 - Attached is an e-mail message from Councilor Wilson who notes that he will not be voting on this Item. Staff suggests that this item be removed for separate consideration on the Consent Agenda so that Council Wilson can vote on the remaining Consent Agenda items. Agenda Item 7 - Ash Creek Estates Planned Development Final Order - City Attorney Gary Firestone will be present to advise Council on options regarding public input on the final order. Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660(l) (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 192.660(l) (c) - to have an open hearing). To consider matters pertaining to medical staff of a public hospital. 192.660(l) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (1) (e) - 192.660 (1) (0- Real property transaction negotiations. Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon 192-660 (1) (g) - Revised Statutes. Trade negotiations - involving matters of trade or commerce in which the governing body Is competing with other governing bodies. 192.660(l) (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(l) (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (1) 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. j yADmzATHY\COUNCIL\PINK SHEET - STUDY SESSION AGENDAS\2003N030923.DOC AGENDA ITEM # FOR AGENDA OF October 28, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE New Tigard Library Project Update ry PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK W ISSUE BEFORE THE COUNCIL Presentation by staff to update the City Council about the new library. STAFF RECOMMENDATION The purpose of this presentation is to communicate recent events and accomplishments related to the new Tigard Public Library. INFORMATION SUMMARY The new library project remains on schedule and within budget. As a result of being within the budget the project now has the opportunity to add some additional features to the new library. These features include: enhancements to the Community Meeting Room, the development of the Coffee Bar and additional f imishings for public spaces. To fully implement these enhancements, project financial resources will now need to be allocated to targeted areas. The City Council will be fully informed regarding the details of the proposed enhancements at the October 28, 2003 study session. In addition to reviewing these enhancement opportunities, the Council will be provided with an update regarding the overall construction schedule, the street improvements on Hall Blvd. and the White House. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and services for all ages. ATTACHMENT LIST A. Memo to Mayor and City Council. FISCAL NOTES None. Attachment A CITY OF TIGARD MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council FROM: Margaret Barnes, Library Directw~ DATE: October 15, 2003 SUBJECT: Update on New Library Project C: Bill Monahan, City Manager As discussed with the City Council on October 14, 2003, the new library project is going very well. The project remains on schedule and within the budget. In fact, because of the positive outcome of the bidding process, a number of features, which we know will enhance both the aesthetic qualities and efficient functionality of the building, are eligible for inclusion in the project. Some of the features already added back were additional landscaping, increased day lighting, more casework and additional surface covered by ceramic tile. In addition to the features listed above which have already been added back to the project, the following areas are now under discussion for enhancement: • Enhancements to the Community Meeting Room • Development of the Coffee Bar • Additional furnishings for the public spaces To fully implement these enhancements, project financial resources will now need to be allocated to targeted areas. The City Council will be fully informed regarding the details of proposed enhancements at the October 28, 2003 study session. In addition to reviewing these enhancement opportunities, the Council will be provided with an update regarding the overall construction schedule, the street improvements on Hall Blvd. and the White House. Coffee Talk Schedule Date/Time Thurs., Oct. 30 7:00 p.m. Wed., Nov. 5 7:00 p.m. Thurs., Nov. 13 7:00 p.m. Wed., Dec. 10 7:00 p.m. Thurs., Dec. 18 7:00 p.m. Host/Hostess & Address Councilor Staff Attending Attendin Gretchen Buehner Nick Wilson Jim Hendryx 13249 SW 136th Place Lisa Hamilton-Treick Sydney Sherwood Jim Hendryx 13565 SW Beef Bend Road Julie Russell Craig Dirksen Jim Hendryx 12662 SW Terraview Drive Dot Defier Nick Wilson Jim Hendryx 16257 SW Dewberry Jerry Hanford Craig Dirksen Jim Hendyrx 14925 SW Hawk Ridge Rd. No meetings scheduled for: November 191 (Open House scheduled that night) November 26th (night before Thanksgiving) December 3`d or 4 (public hearing scheduled that Tuesday) December 24th (Christmas Eve) December 31't (New Years Eve) a 6LIL, V I 10/28/2003 ~ fern 3.3 CITY OF TIGARD, OREGON I I a~ I t~3 RESOLUTION NO. 03- A RESOLUTION AUTHORIZING THE SUBMITTAL TO THE OREGON PARKS AND RECREATION DEPARTMENT OF A LAND AND WATER CONSERVATION GRANT PROPOSAL TO PARTIALLY FINANCE THE CONSTRUCTION OF A SEGMENT OF THE TUALATIN RIVER PEDESTRIAN TRAIL WHEREAS, the Oregon Parks and Recreation Department is accepting applications for the Land and Water Conservation Grant Program; and WHEREAS, the City of Tigard desires to participate in this grant program as a means of providing needed park and recreation improvements and enhancements; and WHEREAS, the Tigard Comprehensive Plan and the Tigard Park System Master Plan both call for the completion of a continuous trial following the Tualatin River as it passes through the City; and WHEREAS, the City Council has identified improvements to the Tualatin River Trail System as a high priority need in the City of Tigard; and WHEREAS, the construction of the Fanno Creek Trail segment between Cook Park and the Durham Park Trail is defined in an application for federal Land and Water Conservation Fund assistance; WHEREAS, the City hereby certifies that the matching shares for these applications are readily available at this time, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City Manager is authorized to apply for a Land and Water Conservation Grant from the Oregon Parks and Recreation Department for the installation of a segment of the Tualatin River Trail as specified above. EFFECTIVE DATE: This resolution is effective immediately upon passage. PASSED: This day of , 2003. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 03- Page 1 CITY OF TIGARD, OREGON I-Qm 3. 4 RESOLUTION NO. 03- I • a~ • u3 A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE AN APPROXIMATELY 3,241 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 74TH AVENUE WHICH LIES AT THE NORTHWEST CORNER OF SW 74TH AVENUE AND LANDAU STREET (VAC2003-00001). WHEREAS, the approximately 3,241 square foot portion of right-of-way had previously been dedicated to the public; and WHEREAS, the applicant has requested that the City of Tigard initiate Vacation proceedings to vacate an approximately 3,241 square foot portion of public right-of-way, as described in Exhibit "A" and shown in Exhibit "B" better known as SW 74th Avenue; and WHEREAS, the approximately 3,241 square foot portion of land had previsouly been dedicated to the public; and WHEREAS, the said portion of public right-of-way may no longer be necessary due to the realignment of SW 74th Avenue; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 3,241 square foot portion of public right-of-way commonly know as SW 74th Avenue, as more particularly described and shown in Exhibits "A" and "B" and by reference, made a part hereof. SECTION 2: A public hearing is hereby called to be held by the City Council on December 16, 2003 at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacation of said public right-of=way. EFFECTIVE DATE: This resolution is effective immediately upon passage. PASSED: This day of Mayor - City of Tigard ATTEST: City Recorder - City of Tigard 2003. RESOLUTION NO. 03- Page I Page 1 of 1 ~r e rLCe Cathy Wheatley - Conflict of Interest srsuzriv~v:uwx.r,.an:~.?.a~.5nw.ynrarmzrnv~wass<+.axxnavmor:srema.:n.~a..-w.r+,ar..c~.s:c~~+.•.:..,.• em 3tp +•s•• myza+u:,.~r...:....;..e._rer ~..~.s::~m.~:tv-.ru:,u ~2x;cin.--r~:.rzrv- •.ur..av.:: From: "Nick Wilson" <nick@atias-la.com> To: "Cathy Wheatley (E-mail)" <CATHY@ci.tigard.or.us> Date: 10/27/2003 1:58 PM Subject: Conflict of Interest Cathy, I have a potential conflict of interest with the Tualatin Water Supply Project agenda item for tomorrow's meeting. My firm submitted a proposal to Montgomery Watson Harza to furnish services in conjunction with the preparation of an environmental impact statement for that project. I have just been informed that Montgomery Watson Harza has been selected as the consultant for that work and I anticipate that we will enter Into contract negotiations soon. I will therefore not participate in any discussion or voting on the matter. Sincerely, Nicholas Wilson, Tigard City Councilor ATLAS Landscape Architecture 320 SW 6th Avenue, Suite 300 Portland, OR 97204 (503) 224-5238 file://C:\Documents%20and%20Settings\cathy\Local%20Settings\Temp\GW)00002.HTM 10/28/2003 AGENDA ITEM # 3.2a-. AGENDA OF October 28, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Receive and File: Council Goal Update 11~ ~y PREPARED BY: Cathy WheatleL a~-EPT HEAD OK LL (yVV~'-~CITY MGR OK E yWy~f ) ISSUE BEFORE THE COUNCIL Update on the progress of the Council goals for the third quarter of 2003. STAFF RECOMMENDATION Receive and file the update. INFORMATION SUMMARY Attached are brief summaries of the progress made through the third quarter of 2003 on the goals adopted by the Council on January 28, 2003. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning goals are identified throughout the goals and tasks developed by the City Council. FISCAL NOTES N/A LlaEmlpeckel'0112W31028`9081 Wdals ala.dw 2003 Tigard City Council Goals - Third Quarter Update GOAL 1- FINANCIAL STRATEGY GOAL 2-TIGARD CENTRAL BUSINESS DISTRICT GOAL 3-TRANSPORTATION GOAL 4-PARKS AND RECREATION GOAL 5-WATER GOAL 6 -GROWTH MANAGEMENT GOAL 7-COMMUNICATION ® 2003 2 Tigard City Council Goals -First Quarter Update GOAL 1: FINANCIAL STRATEGY A. Develop a sustainable long-term financial plan or strategy for issues such as: 1. General Fund needs 2. Library 3. Transportation 4. Parks and open space 5. Washington Square Regional Center 6. Central Business District 7. Water System B. Explore the creation of an economic development program. Third Quarter Update Prepared by: Tom Imdieke, Budget and Financial Operations Manager Implementation of the Right-of-Way Study is underway. Appropriate adjustments to Engineering fees based upon staff review will be going to City Council on October 28. A job description for a Right-of-Way Manager is being drafted by Human Resources. As a result of the Council discussion on July 15, planning fees are being adjusted to incorporate the costs associated with Engineering and Urban Forester review of permit applications. This will be on the Council agenda for October 28. Community Development is also in the process of further evaluating adding a long range planning component to permit fees. The City of Tigard has joined the Regional Economic Development Partners who have already developed a work plan for conducting economic development planning. The Community Development Department will be the primary contact in this partnership. The.Finance Department is in the process of updating the City's Five Year Financial Forecast. Staff training will occur at the beginning of October with a draft forecast being prepared by late October. The Finance .Department is participating with Public Works in the development of a water rate model that can be, used in projecting future rate adjustments that ® 2008 Tigard City Council Goals -First Quarter Update 8 ixught be needed dependiing on he future capital mprovemen# program for k Ater, Second Quarter Update Prepared by: Tom Imdieke, Budget and Financial Operations Manager The Strategic Finance Plan report was adopted on April 8, 2003. Since that time, the Council approved a resolution updating the Citywide Master Fees and Charges Schedule on June 24, a Right-of-Way Study was completed and presented to Council on July 15, and a strategy for adjusting planning fees was discussed with Council at the July 15 workshop meeting. First Quarter Update Prepared by: Craig Prosser, Finance Director Staff presented Council a list of potential upcoming financial issues and opportunities In a workshop session. This list encompassed all of the items identified in the Council goal. Council organized this list into "Major" and "Other" categories and then identified three top priorities for each category. Council's work has been included in a Strategic Finance Plan report, which will be presented to Council on April 8 for adoption. ® 2008 4 Ti Ci Council Goals -First Quarter Update GOAL 2: TIGARD CENTRAL BUSINESS DISTRICT A. Create a common vision for the Central Business District and build the energy to implement that vision through the Downtown Task Force. B. Support the activities of the Downtown Task Force as they provide input to the design of the Tigard commuter rail station and the zoning and development plan standards for the Central Business District. Turd uarter'Update . ; , Prepared by:.Juri Hendryx, Community Development ;Director The Task Force continues their work, on the Downtown, assessment :report. The , assessment: report is the first step toward creating a redevelopment plan: for the iDQ nntown. 'The, State, approved Tigard's Transportation Growth, anagement i(TGIV.) rapplicahon. The scope of work for, the grant will have to be` finalized :and<co ed: . _ _ nsultants select 2008 ® Tigard City Council Goals -First Quarter Update 5 Second Quarter Update Prepared by: Jim Hendryx, Community Development Director In May, Tigard submitted to the State a TGM (Transportation and Growth Management) application for a downtown redevelopment plan. The Downtown Task Force continues to meet monthly and work on a "Downtown Assessment Report." First Quarter Update Prepared by: Jim Hendryx, Community Development Director Members of the Downtown Task Force met with Council on March 25th and submitted their recommendation for design elements for the Downtown Tigard Commuter Rail Station. Council approved the recommendation. ® 2003 6 Tigard City Council Goals -First Quarter Update GOAL 3: TRANSPORTATION A. Aggressively pursue solutions to congestion of state, county and city facilities that cross through Tigard. 1. Reforming the Transportation Financing Task Force. 2. Identify project priorities and funding needs for state and city facilities. B. Continue working with Tri-Met to identify and fund additional intra- city bus routes. C. Right-of-way management. Third Quarter Update Prepared by: Gus Duenas, City Engineer and Jim Hendryx, Community Development Director Goal 3A (Engineering) - The Gaarde Street Improvements Phase 2 project is now winding down for the winter. PGE has basically completed their undergrounding work along the project. The other utility companies are currently working on their portions of the work. The retaining wall work is also nearing completion. The contractor will be performing maintenance work as needed through the winter and plans to resume the work in April. At that time, the road will again be closed while the sanitary sewer, underground storm drainage and roadwork are performed in earnest. The project is still scheduled for completion in late fall 2004. The land acquisition activities for the Walnut Street (Tiedeman Avenue to 121St Avenue) and 121St Avenue (Gaarde Street to Walnut Street) projects are ongoing and will continue through the remainder of this fiscal year. Completion of the Gaarde Street construction should provide an improved east-west connector from Highway 99W to Barrows Road. Completion of the project designs on the two street projects ensures that these two projects are ready for construction should funding opportunities arise. The Hall Boulevard Improvements along the new Library and Fanno Pointe frontages is well underway. The undergrounding of utilities is nearing completion, and the installation of the underground storm drainage system is in progress. The widening of the street is nett after completion of all the underground work. The improvements to Wall Street are part of an approval process that requires submittals to the Division of State Lands and the Corps of Engineers. The documents to obtain permits for the Wall Street improvements are now being prepared and will be submitted within amonth. `?003 Tigard City Council Goals - First Quarter Update Washington County has decided to proceed with MSTIP 3b, which is an interim step before the next full-scale MSTIP process. The project selection is in the initial stages. The amount available is slightly more than $60 million dollars, but $25 million of that has been committed to the Commuter Rail project. The Commuter Rail project is considered as the project for south County, which covers Tigard and Tualatin. The amount available (after deducting the Commuter Rail portion) for allocation throughout the County is approximately $38 million. Although it seems unlikely that Tigard and Tualatin will have any other projects approved for MSTIP 3b, we did submit two projects for consideration: Greenburg Road construction (Washington Square Drive to Tiedeman Avenue) and Walnut Street construction (Tiedeman Avenue to 121St Avenue). Greenburg Road is in the initial design stages for widening from 3 to 5lanes. Walnut Street design has been completed and partial rights-of-way acquisition to accommodate the widening is currently underway. Goal 3A1 (Engineering) - At its meeting on August 12, 2003, City Council directed the preparation of an ordinance to establish a Street Maintenance Fee and a resolution to establish the rates. The fee, as originally proposed by the Transportation Financing Strategies Task Force, was based on trip generation rates for various land use categories. The scope encompassed four maintenance elements (street maintenance, rights-of-way maintenance, sidewalk maintenance, and street light and traffic signal maintenance). The Oregon Grocery Association (OGA) proposed an alternative approach at the June 19, 2003 meeting with the Task Force that addressed the street maintenance element only. A modified version of the OGA proposal was approved by the Task Force at a meeting on July 21, 2003 and submitted for Council approval at the August 12th Council meeting. The fee will be based on an approach that links the rates to the City's long-term street maintenance program. It assigns responsibility for the arterials to the non- residential uses, splits the costs for collectors between residential and non- residential uses, and assigns responsibility for the neighborhood routes and local streets to the residents. The reconstitution of the Task Force will begin later this year with the intention of selecting new members and beginning meetings by February or March of 200x: The reconstituted Task Force willbe.exploring potential funding sources for major street improvements. ® 2008 g Tigard City Council Goals -First Quarter Update Goa13B Commuruty Development) Council workshop and'adoption meetings. g(M ,U dealulg,with,the Tri-Met ti t Memorandum of Understandiri O and Y,,. Local'Area Plan are et for; October+216t and November 25t~ respectively The IYIOU and Plan focus on Tn Met/City:cooperation and collaboration: for the purpose.of improving transit service and meeting transit=related capital improvement' needs, such`as sidewalk gaps and transit shelters. Goal 3B (Engineering) Because of the interest that Tigard has shown in enhancing transit opportunities in'the City,.TriMet has included. Tigard as a focus point in their Transit Investment Plan. The Engineering Department has been participating in meetings with TriMet and the Community Development Department to develop a Memorandum of Understanding with TriMet that, identifies the improvements that TriMet can include in their plan and projects that can be incorporated in.the City's. Capital Improvement Program. These meetings with TriMet are continuing. The Memorandum of Understanding will be discussed with Council at the October. 21,2003. workshop meeting. Goal 3C (Engineering) ar. The City is in the process of creating a Rights-of-Way Manager.position as recommended by the right-of-way management study. The person that fills this position willtake the lead in implementing some of the recommendations in the.study. Second Quarter Update Prepared by: Gus Duenas, City Engineer Jim Hendryx, Community Development Director Goal 3A Aggressively pursue solutions to congestion of state, county and city facilities that cross through Tigard The Gaarde Street Improvements Phase 2 construction project is continuing and is still on track for completion in the fall of 2004. The road closure for this year was extended an additional month to allow the contractor to complete the retaining wall and culvert work. Midway through the original 3-month closure (for the convenience of the public), the road was opened to through traffic after work hours and on weekends. The engineering designs for Walnut Street (Tiedeman Avenue to 121st Avenue) and 121st Avenue (Gaarde Street to Walnut Street) are substantially completed. Partial rights-of-way acquisition for each project has started and will be ongoing during this fiscal year. Completion of the Gaarde Street construction should provide an improved east-west connector from Highway 99W to ® 2008 9 Ti d Ci Council Goals -First arter Update Barrows Road. Completion of the project designs on the two street projects ensures that these two projects are ready for construction should funding opportunities arise. The Hall Boulevard Improvements along the new Library and Fanno Pointe frontages will be constructed this summer by Eagle Elsner, the low bidder on the project. The improvements to Wall Street are not included and will be part of an approval process that requires submittals to the Division of State Lands and the Corps of Engineers. The City submitted three projects for funding consideration under the Metro Priorities 2004-07 solicitation process. The pedestrian trail through the greenbelt in the Washington Square Regional Center was the only Tigard project that made the final approved list. Goal 3A1 Reforming the Transportation Financing Task Force Council directed the Transportation Financing Strategies Task Force to meet with business representatives and attempt to reach a consensus on how a street maintenance fee could be implemented. The Task Force met on June 19, 2003 with business representatives and interested citizens. The Oregon Grocery Association representatives presented an alternative proposal that appears reasonable and workable. City staff is now reviewing the proposal and will present its findings at the next Task Force meeting on July 21, 2003. The reconstitution of the Task Force will be delayed until the Task Force completes this work and reports back to Council in August. Goal 3B - Continue workin with Tri-Met to identify and fund additional infra-city bus routes 'Because of the interest that Tigard has shown in enhancing transit opportunities in the City, TriMet has included Tigard as a focus point in their Transit Investment Plan. The Engineering Department has been participating in meetings with TriMet and the Community Development Department to develop a Memorandum of Understanding with TriMet that identifies the improvements that TriMet can include in their plan and projects that can be incorporated in the City's Capital Improvement Program. City staff met with Tri-Met staff to discuss an overall scope of work for a memorandum of understanding with Tri-Met. The objective of the MOU is to implement the focus area of TriMet's Transit Investment Plan and coordinate capital and operating improvements in Tigard. ® 2008 10 Ti and Ci Council Goals -First Quarter Update Goal 3C - Right-of-way management The Engineering Department reviewed the draft right-of-way management study, which was undertaken to determine the true costs of managing the existing rights-of-way. Of special concern is the long-term damage done to the roadway structural section by utility cuts. The study has recently been finalized. The next step is for the City to determine how best to implement the recommendations of the study. First uarter Update Prepared by: Gus Duenas, City Engineer Jim Hendryx, Community Development Director _Goal 3A Aggressively pursue solutions to congestion of state, county and ci facilities that cross through Tigard The Gaarde Street Improvements Phase 2 construction project is now underway and should be completed by fall of 2004. The engineering designs for Walnut Street (Tiedeman Avenue to 121St Avenue) and 121St Avenue (Gaarde Street to Walnut Street) are nearing completion. Partial rights-of-way acquisition for each project has started and will be ongoing during the next fiscal year. Completion of the Gaarde Street construction should provide an improved east-west connector from Highway 99W to Barrows Road. Completion of the project designs on the two street projects ensures that at least two projects are ready for construction should funding opportunities arise. The initial report on the Proposed Wall Street Local Improvement District (LID) was presented to City Council on March 11, 2003. Council gave direction to complete the Preliminary Engineer's Report and submit it to Council for review upon completion. The intersection of Hall Boulevard and Wall Street and approaches will be constructed as a City project with contributions from the New Library Project and the Fanno Pointe Subdivision to supplement TIF (Traffic Impact Fee) funds on the project. The Metro Priorities 2004-07 funding process has been soliciting projects from various jurisdictions. This is federal funding that is allocated to cities and counties through the Metropolitan Transportation Improvement Program (MTIP). The City submitted three projects for funding consideration. One of the submittals is for construction funding to widen Greenburg Road from ® coos ll Tigard City Council Goals -First Quarter Update Washington Square Drive to Tiedeman Avenue. That project has already been approved for preliminary engineering and rights-of-way acquisition. The other projects are a pedestrian trail through the greenbelt in the Washington Square Regional Center and pedestrian improvements in the Tigard Town Center in conjunction with the commuter rail project. All three projects are still under consideration for funding on the 150% list revealed by Metro in late March 2003. Goal 3A1 Reforming, the Transportation Financing Task Force The Task Force will be reconstituted to drop some members and add new members to continue to explore alternative sources of funding for major street improvements. A suggestion has been made that members of the business community should be represented. The changes in the Task Force will be pursued in May and June of 2003. Goal 3B -Continue workin with Tri-Met to identi f and fund additional intra- city bus routes The Engineering Department worked with the Community Development Department in providing information for preparation of the Transit Action Plan to establish intra-city transit service and to enhance service on existing routes. Council adopted local service transit plan in December 2002. In January 2003, plan was forwarded to Tri-Met board along with a letter from the Mayor. A meeting was held with Tri-Met on January 16, 2003, regarding their transit investment plan. Goal 3C - Right-of-way management The Engineering Department provided input into the right-of-way management study that is currently underway. The study is undertaken to determine the true costs of managing the existing rights-of-way. Of special concern is the long-term damage done to the roadway structural section by utility cuts. The results of the study should provide the basis for establishing appropriate fees for work performed within the rights-of-way. ® 2008 Tigard City Council Goals - First Quarter Update 12 GOAL 4: PARKS AND RECREATION A. Continue the efforts of the Youth Forum. B. Complete or update parks master plans for city facilities. C. Explore the creation of a Park and Recreation Advisory Board. Third Quarter Update Prepared by: Liz Newton, Assistant to the City Manager and Dan Plaza, Parks Manager Update by Ms. Newton: A. Continue the efforts of the Youth Forum The Youth Advisory Council met over the summer and developed a mission and vision for the Youth Advisory Council based on the 4 empowerment assets contained in the Search Institutes' 40 Developmental Assets. The Youth Advisory Council's Bylaws are nearly complete and they are working on the development of a webpage and a cable television program The Mayor's Youth Forum has been expanded to include representatives of the Police Activities League (PAL), the Middle Schools, area churches, and youth sports leagues. PAL has made arrangements with the school district to expand the after school programs at the Middle Schools. The expanded program is scheduled to begin the week of October 10. Update by Mr. Plaza: The Mayor's Youth Forum continues to meet monthly. The group is currently focused on forming a Youth Advisory Council. This Youth Council would work with the Youth Forum and other community members to build developmental assets for each child in.Tigard through programs and activities designed for and by youth. Applications for the.Youth Advisory Council are being accepted until April 16 fom youth in; grades b-12. Home school groups, private schools, public schools, and church youth groups'have all been contacted for representatives. The Youth Forum is :also supporting the efforts of the Skate: Par Task Force. ® 2008 Tigard City Council Goals -First Quarter Update 18 Update by I& Plaza Goal 4B - Complete or updateparks master plans for city facilities 'CookPark Phase"ll, was a major development project funded by.SDC Funds, State'grant, donation, -a id a low cost State loan. The entire project has been completed. Cook Park has been very busy'this summer hosting Hundreds of picruc-,shelter;reservatioris,'soccer and, Little, League games, and several, tournaments. Many. people have visited the Tupling Butterfly Garden and most all-of the visitors have nothing but high praise for the garden. The new playground has been enthusiastically, received with many parents bringing their children, toplay on'the'equipment., Second Quarter Update Prepared by: Dan Plaza, Parks Manager Liz Newton, Assistant to the City Manager Goal 4A - Continue efforts of the Youth Forum Applicants for the Youth Advisory Council were interviewed on May 13. Eighteen youths from grades 5-10 representing public, private and home schooling were invited to be members of the Youth Advisory Council. The Council will be based on the Search Institute's Developmental Assets with a focus on youth serving as resources in the community. The group is scheduled to meet six times over the summer to establish the structure for the Council and determine tools for communicating with peers. The Mayor's Youth Forum is looking to expand the membership to include representatives of youth sports leagues, middle schools, the business community and service organizations. Goal 4B - Complete or update parks master plans for City Facilities Woodard Park development projects include the installation of two playgrounds and a picnic shelter (partially funded by grant). The playgrounds have been installed and the picnic shelter will be installed by June 30th. The off-leash dog area at Summerlake Park has been opened and is receiving heavy use. ® 2008 14 Tigard City Council Goals - First Quarter Update A $165,000 federal grant was received to complete Bonita Park. It will be completed this fall. Special features for this neighborhood park consist of an open space play area, bathrooms, picnic shelter, basketball courts, hard and soft paths, landscaping, and a playground. A $50,000 grant was received to acquire and develop additional Fanno Creek Park Trail property from Grant to Main Street. Fanno Creek Park Extension Master Plan was approved by the City Council on May 27th. The City received a $51,000 grant for the construction of the extension of Fanno Creek Trail. It is anticipated that this trail segment will be constructed next year. Goal 4C - Explore the creation of a Park and Recreation Advisory Board On April 22, 2003, Council adopted Ordinance No. 03-02 amending the Tigard Municipal Code regarding the Park and Recreation Advisory Board. First Quarter Update Prepared by: Dan Plaza, Parks Manager Liz Newton, Assistant to the City Manager Goal 4A - Continue the efforts of the Youth Forum The Mayor's Youth Forum continues to meet monthly. The group is currently focused on forming a Youth Advisory Council. This Youth Council would work with the Youth Forum and other community members to build developmental assets for each child in Tigard through programs and activities designed for and by youth. Applications for the Youth Advisory Council are being accepted until April 16 from youth in grades 5-12. Home school groups, private schools, public schools, and church youth groups have all been contacted for representatives. The Youth Forum is also supporting the efforts of the Skate Park Committee. Goal 4B Complete or update parks master plans for city facilities Cook Park Phase II, a major development project partially funded by SDC Funds, a grant, and a low cost State loan has been completed. Cook Park Phase II consisted of the addition of a new picnic shelter, playground, two restroom facilities, concession facility, parks maintenance building, additional parking, landscaping and infrastructure. ® 200 Ti d Ci Council Goals -First arter U date 15 Woodard Park development projects include the installation of two playgrounds and a picnic shelter (partially funded by a grant). The playgrounds have been installed and the picnic shelter will be installed later this spring. Potso Dog Park was completed and opened to the public on June 20, 2002. Master Plans for Summerlake Park, Bonita Park and a Skate Park Design were approved by the City Council. An off-leash dog area at Summerlake Park is scheduled to be opened to the public this spring. A $165,000 federal grant was received to complete Bonita Park. It will be completed in late summer or early fall. Special features for this neighborhood park consist of an open space play area, bathrooms, picnic shelter, basketball courts, hard and soft paths, landscaping, and a playground. A $50,000 grant was received to acquire and develop additional Fanno Creek Park Trail property from Grant Street to Main Street. Fanno Creek Park Extension Master Plan will be completed by June 30, 2003. Goal 4C Explore the creation of a Park and Recreation Advisory Board The Council will consider amending the Tigard Municipal Code section 2.12 to update the structure of the Park and Recreation Advisory Board. Appointment of Board members should occur this year. 2008 16 Ai~ Tigard City Council Goals - First Quarter Update GOAL 5: WATER A. Continue to evaluate options for a long-term water supply. Third "Quarter Update PYep - 4'bys Dennis Koellermeier, Assistant Public Works Director, Ed Wegner, Public Works Director. Wholesale rate negotiations continue, Tigard is collectively negotiating this mgdel-contract with'a group of six other major wholesalers. Several major issues remain unresolved, and we are meeting every two weeks on the issues. Our anticipated completion date is now being pushed out from this fall to early .winter. jWC membership still looks likely, and will revolve around an initial quantity of 4 million gallons per day. We anticipate a formal action at the October jWC aneeting to propose an agreement that would be brought back to the IWB and .City- Council for discussion and ultimate adoption. Second Quarter Update Prepared by: Dennis Koellermeier, Assistant Public Works Director Ed Wegner, Public Works Director With the potential of ownership in the Bull Run system now being off the table, Tigard and the other 6 major wholesale customers have begun the process of wholesale water contract negotiations with the City of Portland. The negotiations are currently scheduled to be completed by this fall. Our efforts to become members of the joint Water Commission continue to be positive. The Commission has met and directed staff to prepare a proposal that would accomplish a membership for the City of Tigard that would provide 4 MGD when stored water is available. Currently staff is reviewing a proposal that would allow Tigard to avoid any up front buy in costs and shift those costs to a larger percentage of future capital improvements. We currently expect an agreement to be ready for the Council by this fall. ® 2008 17 Tigard City Council Goals -First Quarter Update Beaverton is moving ahead with their plans to fluoridate their water. The Intergovernmental Water Board has had two discussions on this issue and continues to monitor the situation. First Quarter Update Prepared by: Dennis Koellermeier, Assistant Public Works Director Ed Wegner, Public Works Director Progress on this goal has been substantial this quarter, and we have both positive and negative news to report. In the case of Tigard's potential of obtaining an ownership position in the Bull Run system, the news is ownership options in the immediate future have been withdrawn by the City of Portland. Tigard, along with the other suburban wholesalers will now refocus efforts to negotiate mutually agreeable wholesale contracts with Portland. Tigard may have the opportunity to become a co-owner in future capital projects in the Bull Run system, but buy-in to the existing system has been removed from the discussion by Portland. The news is more promising in our discussions with the joint Water Commission. The Commission has directed their staff to negotiate with Tigard to become a member of the joint Water Commission. Our initial ownership position would be for approximately 4 million gallons per day. The timeline of the negotiations should allow the City of Tigard to know the cost and conditions of the offer during the 2nd quarter. We also now know that our potential decision to join the joint Water Commission may now become contingent on our willingness to accept fluoridated water. If the City of Beaverton moves ahead with fluoridation, the water we receive from the joint Water Commission will pass through the Beaverton system and be fluoridated. ® 2003 18 Ti d Ci Council Goals -First arter U date GOAL 6: GROWTH MANAGEMENT A. Continue to evaluate Tigard's role in the provision of urban services outside the city limits. Third Quarter Update Prepared by: Jim Hendryx; Community Development Director Council adopted a resolution in September 2003 directing preparation of the Bull Mountain Annexation Plan. Work sessions are scheduled on October 7th and November 4th with a public hearing scheduled on.December 2, 2003, potentially leading to a March 2004 election. ? Communications Plan has been accepted by Council outlining various outreach efforts, including coffee talks with Bull Mountain residents and other stakeholders, Q&A Hotline, Cityscape articles, Community Connectors, cable presentations (Focus on Tigard), press releases, web site, displays, public hearing notice as required by law, traveling display/information to service clubs, community groups and civic groups. Second Quarter Update Prepared by: Jim Hendryx, Community Development Director Staff continues to work on several alternatives to address Urban Growth Expansion issues, including preparation of a concept plan and relationship to the overall Bull Mountain planning effort. On June 10th and 24th, staff discussed with Council the "Public Facilities and Services Assessment Report for the Bull Mountain Area." First uarter Update Prepared by: Jim Hendryx, Community Development Director On March 18, staff met with Council to present several alternatives to address Urban Growth Expansion issues, including preparation of a concept plan and relationship to the overall Bull Mountain planning effort. In April, staff is scheduled to discuss UGB issues with Washington County. 2008 Tigard City Council Goals - First Quarter Update 19 GOAL 7: COMMUNICATION A. Increase Tigard's communication with other elected bodies through active participation of City Council members and staff. B. Improve and expand communication with citizens, particularly communicating successes and future concerns. Third Quarter Update Prepared by: Liz Newton, Assistant to the City Manager GOAL 7A - The City Council continues to schedule monthly meetings with State Representative Max Williams and State Senator Ginny Burdick. Meetings were also held with the Tigard High School Student Envoy, Tigard Area Chamber of Commerce President, Intergovernmental Water Board, the Washington County Board of Commissioners, the Budget Committee, and a delegation from Samarinda, Indonesia. GOAL 7B - Improve and expand communication with citizens, particularly communicating successes and future concerns. Focus on Tigard continues to be produced and air monthly. Programs in the past quarter included affordable housing, the housing code, and the Bull Mountain annexation plan outreach program. The revised communication plan was distributed to all departments in August. The pIan,includes.updated information on the use of communication tools including the new format for the TV'ITV Bulletin Board. Two community connectors.were added in the past quarter and two others are considering participation in the program. In the past month staff has received several inquiries about the program from citizens interested in becoming community connectors. Visits to the city`s website have increased from 30,825.to 34,589 per month. Departments :continue to. add, features and new, information. ® 2003 20 Ti Ci Council Goals -First arter U date Second uarter Update Prepared by: Liz Newton, Assistant to the city Manager GOAL 7A - Increase Tigard's communication with other elected bodies through active participation of City Council members and staff. The City Council continues to schedule monthly meetings with State Representative Max Williams and State Senator Ginny Burdick. They also held meetings with the Tigard High School Student Envoy, Tigard Area Chamber of Commerce President, eCouncil President, an Indonesia Board, Municipal Court Judge, Delegation. GOAL 7B -Improve and expand communication with citizens, particularly communicating successes and future concerns. The new Focus on Tigard program continues to be produced and aired monthly. May's Focus was on volunteerism, June's program was a "walk process. through the parks:" The focus in July was the land use plannin A link to the Community Assessment to citizens for each area the CAP teamehas website. Citizens can access a rep walked since the end of March. 30,0 Visits to the web site have increased reslightly since April leased in Novemberrwnth an06 to per month. A new web site will b design and features that will allow departments to update their own content. Four community connectors have been d opportunity. since ty April with three additional citizens considering volunteering for that PP a ~ The revised communication plan un cation plansythe TVTV bulletin The new version includes section on com board, and cable television programming. m t9 tu J ® 2008 21 Tigard City Council Goals - First Quarter Update First Quarter Update Prepared by: Liz Newton, Assistant to the City Manager Goal 7A Increase Tigard's communication with other elected bodies throw h active participation of City Council members and staff The City Council has held regular meeting with the Tigard-Tualatin School District, TVF&R, and its State Representative and State Senator. In addition the Tigard High School Envoy attends the first council meeting of each month to present information about activities and programs at the high school. In July, the Council will also schedule meetings with Washington County, Clean Water Services, and PCC. Goal 7B Improve and expand communication with citizens, particularly communicating successes and future concerns A new cable program began airing in Tigard in February. Focus on Tigard" is designed as informational programming in current issues and is produced and airs monthly. The February Focus was on long-term water. In March, the Focus was on the commuter rail and downtown planning. April's Focus was on code enforcement and the new citation process. The taped-to-air format allows staff more flexibility in format and media. The City continues to add new features to the web page. In addition, over the last three months, all city departments have done extensive reviews of the information they post on the web to determine if more or different information should be included and to ensure information posted is current. Visits to the web site have increased since October from 27,210 to 30,703 per month. The department communicators are reviewing the City's communication plan to update the guidelines for use of communication tools and emphasize the importance of communication plan for all proposed projects and programs. Communication plans allow staff to be proactive in getting out information by considering how, when and to whom. IAADM\CITY COUNCIL\GOALS\2003\2003 TIGARD CITY COUNCIL GOALS Q-2 UPDATE.DOC AGENDA ITEM # 3.3 FOR AGENDA OF 10/28/03 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Land and water l,onservULIU11 DEPT HEAD OK CITY MGR OK " PREPARED BY: D. Roberts/D. Plaz ISSUE BEFORE THE COUNCIL Should Council adopt a resolution authorizing the submittal of an application for a Land and Water Conservation Fund grant as a means of providing partial funding for the completion of the Cook Park/Durham segment of the Tualatin River Trail? STAFF RECOMMENDATION Adopt the resolution authorizing grant submittal. INFORMATION SUMMARY The Land and Water Conservation Fund is a National Park Service program that passes down federal dollars to the states for the acquisition, development, and rehabilitation of park and recreation areas and facilities. In Oregon, the State Parks and Recreation Department is responsible for the distribution of the federal monies to State agencies and local governments. The program provides up to 50% funding assistance to park providers for eligible activities. The application deadline is November 14th. The project proposed for grant funding is the construction to regional standards of a 1,362- foot segment of the Tualatin River multi-modal Trail. The project will fill a key gap in the existing riverside trail system and provide community access to the future 250-foot Tualatin River pedestrian bridge, tentatively scheduled for 2005 construction. When completed, the trail will afford views of the river and, in season, the sizeable flock of mixed dabbled ducks and geese that winter in the adjoining 37-acre City/Clean Water Services meadow area. Most importantly, the trail, together with the new pedestrian bridge, will interconnect the trail systems and major parks of Tigard, Durham, and Tualatin. As such, the greenway trail segment will be a tremendous benefit to community walkers, bike riders, skaters, wheelchair users, and others seeking a natural experience and/or alternative access to the communities of Durham and Tualatin. A copy of the proposed grant application is available in the City Recorder's office. OTHER ALTERNATIVES CONSIDERED Do not apply for the grant funds. Adopt a revised resolution. VISION TASK FORCE GOAL AND ACTION COMMTTTEE STRATEGY Transportation and Traffic: Goal No. 3 - "Alternative modes of transportation are available and use is encouraged." ATTACHMENT LIST Attachment #1: Resolution Authorizing Submittal of a Land and Water Conservation Grant Attachment #2: Cook Park Pathway drawing FISCAL NOTES for the 2004 OS dolThilars.ncludeHard A 50% local match is required. This maybe in the forrn of hard or in-kind includes$45t000~n park SDC proposed project will be identified in the City's proposed funds and $3,000 in tree mitigation funds. The amount of grant funds requested is $45,000. i/citywide/sum/lwcf.tualatin trail a 1= J_ W J AGENDA ITEM # 3.4 FOR AGENDA OF October 28, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiation of Vacation proceedings for a 3,241 square foot portion of public right- PREPARED BY: Mathew Scheideueer DEPT HEAD OK Y NIGR OK ISSUE BEFORE THE OUNCIL Should the City Council initiate the vacation proceedings for an approximately 3,241 square foot portion of public right-of-way commonly known as SW 74th Avenue'? STAFF RECOMMENDATION It is recommended that Council initiate the vacation proceedings for the 3,241 square foot portion of public right-of-way commonly known as SW 74th Avenue. (Attachment 1) INFORMATION SUMMARY In the City vacation process there, are two ways of initiating the vacation of streets, easements and other public dedicated areas. An applicant may file a vacation petition with the City Council, which initiates a vacation by passing a Resolution to schedule a formal public hearing to consider such requests. The second option is for an applicant to file a petition with the Planning Commission requesting a vacation. This requires signatures of all abutting property owners and of the owners of two-thirds of the properties affected by the vacation. The Planning Commission then makes a recommendation to the City Council based on compliance with the Comprehensive Plan. The applicant is asking the City Council to initiate vacation proceedings. Currently, the requested portion of 74th Avenue that has been requested to be vacated lies to the northwest of the SW 74th Avenue/Landau Street intersection. The reason for the vacation request is the Tigard Transportation System Plan indicates that SW 74th Avenue is to meet SW Landau Street at a 90 degree angle. To facilitate the realignment of SW 74th Avenue, the applicant has secured a 1,314 square foot right-of-way dedication agreement with the adjacent property owners to the east (exhibit "C"). With the additional right-of-way needed to realign SW 74th Avenue, the requested 3,241 square feet of right-of-way is not necessary. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into the proposed parcels of the recently submitted Weigela Terrace Subdivision. The proposed lots of the subdivision do not need the square footage of the vacation application to meet minimum lot size standards of the underlying R- 4.5 zoning district. OTHER ALTERNATIVES CONSIDERED Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachments: Attachment 1: Letter Requesting Initiation of the Vacation Attachment 2: Resolution Initiating the Vacation Exhibit A: Legal Description Exhibit B: Plat Map Attachment 3: Right-of-way Dedication Agreement FISCAL NOTES There are no direct fiscal impacts as a result of this request as all fees have been paid by the applicant. Attachment #1 Land Development Strategies, Inc. 26778 SW Colvin Lane Wilsonville, OR 97070 Office: (503) 682-1140 Fax: (503) 582-8870 August 27, 2003 City Council City of Tigard 13125 SW Hall Blvd. Tigard, OR 97225 RE: ROW Vacation, SW 7e Avenue Dear Members of City Council: We have recently been notified that our request for a 10-lot Subdivision (Type II) adjacent to the northwest comer of SW 74"' and SW Landau has been deemed complete. Prior to filing our application, a pre-application conference was held during which time Staff discussed and documented in the Pre-Application Conference Notes (See Page 8 of the City of Tigard Pre-Application Conference Notes located behind Tab 2) changes in the Tigard Transportation System Plan (TSP) for the above-referenced intersection. The TSP indicates an improvement to SW 74"' to Neighborhood Route standards and a realignment of SW 74"' to intersect SW Landau at a right angle. See Figure 8-4 Proposed Neighborhood Routes, Chapter 8 City of Tigard Transportation System Plan (Located behind Tab 3). Applicant's engineer has met with Staff to establish the alignment of SW 7e consistent with TSP. Staff has concurred with the proposed alignment. To facilitate the City's proposed request for realignment, Applicant approached the adjacent property owners regarding ROW dedication. Based on several discussions and pursuant to the attached Street Dedication and ROW Dedication Agreement (Located behind Tab 4), Applicant has secured a ROW Dedication on the City's behalf from the adjacent property owners, Dennis and Phyllis Ann Webster to facilitate the realignment. Applicant has the original notarized dedication ready for recording upon acceptance of the vacation request. Applicant believes that the anticipated Conditions of Approval for the above- referenced subdivision will require 1/2 street improvements to SW 74"' that are consistent with the realignment of SW 74"' Street co Neighborhood Route standards. Given this, 3241 Square Feet of land once required for SW 74~h will no longer be necessary for ROW dedication. Applicant therefore requests the City of Tigard to vacate 3,241 square feet of land outside the ROW of the proposed newly realigned street. The plan and legal description is shown behind Tab 5. There are a number of reasons that vacating the right of way makes sense to the City of Tigard. These reasons are as follows: 1. The area ceases to act as ROW once the new curb, gutter and street is installed. 2. The new planting strip and sidewalk should be installed consistent with the street section of the remainder of the proposed subdivision. Given that, the area behind the sidewalk appears to be private property which is consistent with all other front yards in the City of Tigard. If the area was not vacated, the area of land behind the sidewalk becomes "No Man's Land". The adjacent property owner has no interest in maintaining or assuming responsibility since it is publicly owned. In that case pedestrians or bicycle traffic may continue to "cut the comer" as is the case now. In the least desirable situation, the public may use the area for parking, or as an unsafe play area. 3. If the City vacates the area, the City no longer has maintenance responsibilities. Instead the future lot that receives the benefit of the vacated area will incorporate the area into its front yard landscape and subsequent maintenance program. 4. Once the vacation becomes effective and the adjacent lots assume ownership of the vacated area and the 1/2 street improvements are complete, the newly realigned SW 74"' street take-on the looks of a desired Neighborhood Route. 5. Applicant has not relied on the vacated lot area to meet minimum lot size standards in the underlying zone. The average lot size is 7,504 feet WITHOUT the vacation. We have forwarded the fee of $1,568 and respectfully request City Council to recommend vacation proceedings based on the following findings pursuant to Chapter 15.08 of the City of Tigard Municipal Code located behind Tab 6. Sincerelyiel Christy Attachment 3 RE MUM RECORDED DOCUKWT TO: Cn Y HAIL RECORDS DEPART WM- CITY OF TIGARD IMS SW HaR Blvd. Thant. OR 9= F,Te No. DEDICATION DEED FOR ROAD OR STREET PURPOSES spar, abov ,~,,,,kd for Washington Co n w Recn,d-9 WOr"Onv, Il tianis R and Phyllis Ann Webster do hereby dedicate to the Public a perpetual right-0f--way for strut, road, and utility purposes on, over, across, under, along, and within the following described real property in Washington County, Oregon: Attached Exhibit "A" a F- en J W J To have and to hold the above-described and dc&mtcd rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant tbat they are the owner in fee simple and the property is free of all lieu and encumbrances, they have good and legal right to grant their right above-describe(. and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is 50.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. day of 2003 IN WRNESS WHEREOF, I hereunto set my ham on this signanrro 5 <t- 7,3YS Sly Ls►,v ~ Tax Statement Mailing Address property Address , r a STATE OF OREGON ) ) ss- Couray of Washington ) This k satuaent was acknowledged before me u ~(datt) by (name of person(s)). .1~ C1 KARm F*7'79-~7 1 ours S ,viv Commission Erpues-. W=UM RECORDED DOCUMENT TO: C[rY HAIL RECORDS DEPARTMEM, CITY OF TIGARD 13US SW EIA Ewd. Tlsarl.OR 97273 STATE OF OREGON ) )ss County of Washington) q 3 w This Wsu mem was adamwtedged before me on due) by: ! S ESSf , (name of person(s)l 9:0 awe 2MG 4N.os n wes U Accepted on behalf of the City of Tigard this day o£ City Engineer N I ' i I I ~ I I j I o ~ 120 I I 1 I S I I Za L" 7W C , I v I maw I I I I I I CURVE T ® 2AW48- 109.15 300.00' 108.55 N46-4X52-E ® WOW 57.38' 158.00' 57.04' 52553'29'IW Q 104'4749- 3292' 1 a00r 28..52' S3634'25E J l 1 A I I _ 4v~ A t~ s at s I I ~ SMORT DE1LM21.40~52' ~ It s t a' 74ZI SW jRv4w (a !Jm Rr.1a3 00' a. ~ ~ 42x31' E I ( 0® MW M PACE 82 VX YAP IM 2WC Plies C A-VW SF. ta~~so "off-w-my 70 / WW AND AYKW IMM DT 4M 150 id 1, 19Lt S RIEFIER 70 SEPARATE 730 Sir LAMW ST TAX LOr SW IM YAP Mf 211DC Ex, x1~1*L L. 77-85 N EC18T19rM1 _ EX CA- + 27 Y S 14--Wr 176 0' O'4~1'4T~ 2&Df - S ap9 ir E 235 _ a a w 57.03' J. S WielV E' - - i _ SW LANDAU STREET ai8 - - a>s~ 1/4 -r--- ----q-- g ~ 1 i~ za I > ~ I I DIX YAP w =C D{X IDf 4m0 I WNW 151 2DC I m I VX 1DI Sm I SIX L" em I I IAA ! I m A D 136 - ~ I I I I I I I >xXLff.w - J - - - ~ ~ I I I------r- I ; I HAUS--McMONAM ASSOC., INC. 126.6 aUJ>LD MGM. K 1' AY ~0C,~TM SCNTC1 PH010~ ~ FAM ( j saw-im AUGUST 25, 2003 HMRIS - McMONAGLE ASSOCIATES INC. ENGINEERS - SURVEYORS 92555 SW HALL BLVD. TIGARD OREGON, 87223 TEL. (503) 638-3453 FAX. (503) 639-9232 August 25, 2003 LEGAL DESCRIP'T'ION FOR THE DEDICATION OF A PUBLIC RIGHT OF WAY BEING IRRIGULAR IN SHAPE BETWEEN S.W. LANDAU STREET AND S.W. 74~n AVENUE. THE FOLLOWING DESCRIBED LAND BEING COMPRISED OF PORTION OF THAT LAND AS DESCRIBED IN DEED TO DENNIS AND PHYLLIS WEBSTER RECORDED IN DEED DOCUMENT No. 2000-082799, ALSO BEING A PORTION OF LOT 29 OF THE DULY RECORDED PLAT OF "BOULEVARD HEIGHTS", SITUATED IN THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 1-SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25, THENCE ALONG THE SOUTH LINE OF SECTION 25, S 89° 18'19" E 292.31 FEET; THENCE AT RIGHT ANGLES TO THE SECTION LINE N 00°41'41" E 25.00 FEET TO THE NORTHERLY 25 FOOT RIGHT OF WAY LINE OF S.W. LANDAU STREET AND POINT OF BEGINNING. THENCE ALONG SAID RIGHT OF WAY LINE N 89018'19" W 72.85 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY CURVED 25 FOOT RIGHT OF WAY LINE OF S.W. 74* AVENUE; THENCE ALONG LAST SAID LINE ON THE ARC OF A 300.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20050'46"' (TIC CHORD OF WHICH BEARS N 46042'52" E 108.55 FEET) AN ARC DISTANCE OF 109.15 FEET; THENCE RADIAL TO SAID CURVE S 53°42'31" E 2.00 FEET; THENCE ALONG THE ARC OF A 158.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20°47'59" (THE CHORD OF WHICH BEARS S 25053'29" W 57.04 FEET) AN ARC DISTANCE OF 57.36 FEET TO A POINT OF COMPOUND CURVE; THENCE ALONG THE ARC OF AN 18.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 104°47'49" (THE CHORD OF WHICH BEARS S 36054'25" E 28.52 FEET) AN ARC DISTANCE OF 32.92 FEET TO THE POINT OF BEGINNING. CONTAINING: 1,489 SQUARE FEET. AGENDA ITEM # 3.5- FOR AGENDA OF October 28, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE WCCLS Public Library Service Agreement PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK C(C/r l ISSUE BEFORE THE COUNCIL Washington County has issued a new WCCLS Public Library Services Agreement. STAFF RECOMMENDATION Approve the WCCLS Public Library Services Agreement. INFORMATION SUMMARY On behalf of Washington County Cooperative Library Services (WCCLS), Washington County has issued a new Public Library Services Agreement. The Agreement will be in effect from July 1, 2004 through June 30, 2009 and covers the budget allocation that the City of Tigard receives from WCCLS for library services. The City Attorney has reviewed the Public Library Services Agreement and found no issues with this agreement. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None. ATTACHMENT LIST A. Public Library Services Agreement B. Exhibit A C. Exhibit B FISCAL NOTES The City of Tigard is projected to receive $1,441,809 for FY 2004/2005 according to the attached reimbursement formula or $1,081,595 for FY 2004/2005 if the local option levy is not passed by the voters in the May 2004 primary election. I:U.ib%City Council Agenda Summaries\AGENDA ITEM SUMMARY SHEET-October 15, 2003.doc Attachment A Public Library Services Agreement This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as "County", on behalf of Washington County Cooperative Library Services, hereinafter referred to as "WCCLS", and the Cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard, and Tualatin, and the Cedar Mill Community Library Association and the Garden Home Community Library Association, hereinafter referred to as "Contractor(s)". WHEREAS, Washington County has approved funding for county-wide library services including non-fee access by County residents to public libraries operated by Contractors; and WHEREAS, the parties to this Agreement are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement or are private non-profit agencies operating public libraries; and WHEREAS, all parties are desirous of providing residents of Washington County with access to public library services and Contractors are capable of providing such access and services. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: DEFINITIONS The following definitions shall be used in constructing the following phrases, terms and abbreviations in this Agreement: A. WCCLS (Washington County Cooperative Library Services) - An agency of county government which exists to coordinate, contract for or provide a full range of library and information services to all residents of the county. B. WCCLS Network - The consortium of public, academic, special and school libraries in Washington County, which exists to provide countywide library service. C. WCCLS Library Directors' Board - The executive body of the WCCLS Network; advisory to the Cooperative Library Advisory Board and the WCCLS Manager. D. WILInet (Washington County Inter-Library Information Network) - An integrated, automated library system, including but not limited to WILI, which is comprised of the integrated library system software (online circulation, public access catalog, cataloging and acquisitions software), and other databases, Internet resources, central site hardware and telecommunications equipment. E. Cooperative Library Advisory Board (CLAB) - The board appointed by the Washington County Board of Commissioners to develop, review and 10/21/03Public Library Services Agreement 1 recommend library service policies, representing Public Library Services Agreement Contractors and the West Slope Community Library. CLAB is advisory to the Board of Commissioners and to the Cooperative Library Services Manager. F. Qualified Borrowers - All Washington County residents, residents of counties with which Washington County has reciprocal borrowing agreements, and other paid card holders. G. West Slope Community Library - The public library that is a department of WCCLS and managed by the County. For purposes of funding, West Slope is treated as a Contractor, but is not a signatory to this Agreement. H. Oregon Public Library Statistical Report - In accordance with ORS 357.520, all public libraries are required to report statistics on an annual basis to the Oregon State Library via a reporting format determined by the State Library. Report data is typically due October 1 of each year. 1. Annual Formula Calculation - In January of each year, the Cooperative Library Services Manager will compute final counts for each library for each criterion to be used in determining formula disbursements for the next fiscal year. 2. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 2004, through June 30, 2009, except as otherwise provided in Section 11 of this Agreement. It is the intent of the parties that this Agreement become effective on July 1, 2004. 3. FUNDS As compensation to Contractor fdt the services to be provided pursuant to this Agreement, WCCLS agrees to make payments to Contractor on the basis of the funding formula set forth in Section 4 and the Payment Schedule set forth in Section 6. Funds will be distributed pursuant to the Annual Formula Calculation. Each Contractor agrees by receipt of funds from WCCLS to expend those funds to provide library services according to Contractor's established policies, and to ensure that Contractor's library facilities are open for the public use by all Qualified Borrowers. Contractors must spend all funds received from WCCLS on the provision of library services, including but not limited to operating and capital expenditures. 4. FUNDING FORMULA A. Method The total payment to be made to each Contractor during the term of this Agreement shall be determined by the method set forth in this Section and shall be based on the figures set forth in EXHIBIT A "Reimbursement Formula". Alternatively, in the event that a local option levy is passed by the voters in the May 2004 primary election, the total payment made to each Contractor during the term of this Agreement shall 10/21/03Public Library Services Agreement 2 be determined by the method set forth in this Section and shall be based upon the figures set forth in EXHIBIT B "Levy Reimbursement Formula". B. Total Distribution of Funds The amount for each fiscal year set forth below represents the total amount projected to be available in this Agreement for payments to all Contractors. The distribution to all recipients shall not exceed the projected amounts listed below for each fiscal year. Figures in Column A will be used if the May 2004 levy does not pass; figures in Column B will be used if the May 2004 levy passes. Column A FY04-05 $ 9,642,600 FY05-06 $ 9,883,665 FY06-07 $10,279,012 FY07-08 $10,690,172 FY08-09 $11,117,779 Column B FY04-05 $13,500,000 FY05-06 $15,255,000 FY06-07 $17,238,150 FY07-08 $19,479,109 FY08-09 $22,011,393 C. Reimbursement Contractors will be reimbursed from the funds described in Section 4.13 based on collection expenditures, net circulation, facility use and remote program attendance, reference transactions, and Internet access provided. 1. Collection Expenditures. Contractors shall be reimbursed up to 100% for expenditures on collections as reported in the Oregon Public Library Statistical Report for the fiscal year preceding the Annual Formula Calculation, and as identified in Exhibit A or B, "Reimbursement Formula" (updated annually). Funds for this portion of the Formula shall be calculated first and subtracted from the annual amounts identified in Section 4.13. The remainder of funds for each year shall be distributed using the remaining criteria described below. 2. Circulation. 80% of the remaining funds identified in Section 4.13 after Collection Expenditures have been calculated for each year will be allocated for reimbursement for net circulation transactions. The circulation figures identified in EXHIBIT A or B "Reimbursement Formula" (updated annually) and as calculated by WCCLS for the calendar year preceding the Annual Formula Calculation will be used to calculate the amount owed each Contractor in this Section. Circulation will include only materials loaned to Qualified Borrowers and will be adjusted for net lending or borrowing on in-county interlibrary loans before the reimbursement rates are applied. 3. Facility Use and Remote Program Attendance 10% of the remaining funds for each year identified in Section 4.13 will be allocated for reimbursement for the total annual attendance at all library facilities, including meeting rooms, as reported in the Oregon Public Library Statistical Report for the fiscal year preceding the Annual Formula Calculation, and as identified in Exhibit A or B, "Reimbursement 10/21/03Public Library Services Agreement 3 Formula" (updated annually) to calculate the amount owed each Contractor in this Section. This criterion shall also include attendance at library sponsored events held in locations other than the library facility. 4. Internet Public Access Technology 5% of the remaining funds for each year identified in Section 4.13 will be allocated for reimbursement for the number of Internet Public Access workstations as reported in the Oregon Public Library Statistical Report and as identified in Exhibit A or B, "Reimbursement Formula" (updated annually) to calculate the amount owed each Contractor in this Section. At such time as an automated method is in place at all Contractors and the West Slope Community Library to track hours of use at each Internet Public Access workstation, allocation of funds in this Section will be based on total annual number of hours of use for all Internet Public Access workstations. 5. Reference Transactions 5% of the remaining funds for each year identified in Section 4.13 will be allocated for reimbursement for total reference transactions as reported in the Oregon Public Library Statistical Report and as identified in Exhibit A or B, "Reimbursement Formula" (updated annually) to calculate the amount owed each Contractor in this Section. 6. Minimal Growth Rate a. If additional levy funding is approved in the May 2004 election, and if at the time of the Annual Formula Calculation a Contractor does not yield at least a 2% increase over the previous year's payment, an adjustment will be made to assure a 2% Minimal Growth Rate in payment. Funds to accomplish this will be subtracted from payments to other unaffected Contractors so that the total distribution does not exceed the amount indicated for that fiscal year in Section 4.13, Column B. For FY04-05 payments, Contractors will each receive payments at least 2% higher than FY03-04 payments or the adjusted FY03-04 base amounts previously approved by the Cooperative Library Advisory Board. b. If a levy is not approved in May 2004, and total distribution of funds in FY04-05 is based on Section 4.13, Column A, then all Contractors agree to take the same percentage reduction in FY04-05 from their FY03-04 payments, or the adjusted FY03-04 base amounts previously approved by the Cooperative Library Advisory Board. For subsequent years, formula criteria and distribution percentages described above will be implemented. 5. ADJUSTMENTS IN PAYMENTS A. Payments may be adjusted by WCCLS if funding for payments noted in 4.13 is less than projected. Amounts paid to each Contractor will be 10/21/03Public Library Services Agreement 4 reduced in an amount proportionate to each library's percentage of the total amount available for payment. B. WCCLS shall notify the Contractors in writing of any adjustments under this Section upon adoption of the County's budget for the subsequent fiscal year. In the event that reductions in revenue are necessary after the beginning of a fiscal year, the County would give six months' notification to Contractors, if possible. 6. PAYMENT SCHEDULE A. WCCLS agrees to make payments to those Contractors which are cities as follows: 1. 80% (eighty percent) of the total annual payment shall be made on or before December 31; and 2. 20% (twenty percent) of the total annual payment shall be made on or before April 15. B. Notwithstanding paragraph 6.A above, a city not formerly a party to a Public Library Services Agreement with WCCLS, which establishes a public library and becomes a party to this Agreement, shall be entitled to receive payment on a monthly basis during the term of this Agreement. The monthly payment shall be 1/12 of the total annual payment. In addition, WCCLS agrees that any city to which this subsection applies shall be entitled to receive monthly payments for the entire term of any renewal or successor agreement to which it becomes a party, provided funds are available. C. WCCLS agrees to make payments to those Contractors which are community libraries (specifically Cedar Mill Community Library Association and Garden Home Community Library Association) on a monthly basis. The monthly payment shall be 1/12 of the total annual payment. 7. SPECIAL LIBRARY FUND The County, on behalf of WCCLS, shall maintain a Special Library Fund, which shall include: A. Any remaining funds from a previous year which shall be carried over to the next year; B. All property tax collections made under all library operating serial levies; C. All interest earnings on the Special Library Fund, in accordance with ORS 294.080(1); and D. Other revenues for library services. 10/21/03Public Library Services Agreement 5 8. SERVICES TO BE PROVIDED BY WCCLS WCCLS agrees to provide the following services to Contractors and West Slope Community Library, without limitation: A. Reciprocal borrowing with other metropolitan area public libraries; B. General coordination of County-wide library services among Contractors and with regional and state library service providers; C. Second-level reference and interlibrary loan services; D. Outreach services to special populations of Washington County residents, including, but not limited to, those who cannot get to a public library (homebound), child care providers and the children in their care, the Latino community, and residents of the Washington County Jail; E. Youth Services activities, including Summer Reading Program; F. Courier services between libraries and connections to regional library delivery systems; G. Planning for long-term growth and development of County-wide library services; and H. Operation and maintenance of WILInet as defined in the WII lnet Agreement. 9. SERVICES TO BE PROVIDED BY CONTRACTORS A. Each Contractor agrees that Qualifying Borrowers will not be charged a fee for the initial circulation or renewal of library materials. B. Each Contractor further agrees that, while it is within the sole discretion of the Contractor whether or not to charge reasonable fees for services other than circulation, Contractor shall apply all fees and policies uniformly to all Qualified Borrowers. Such fees may include special service and overdue fees. Nothing in this Agreement is intended to restrict Contractor's policies or fees as applied to borrowers who are not Qualified Borrowers. C. Each Contractor agrees that it will designate a staff member with whom WCCLS deals in administration of this Agreement on behalf of Contractor and who shall be authorized to receive and give any notices which may be required under this Agreement. Unless otherwise designated, this shall be the Library Director for each Contractor and the West Slope Community Library. D. Each Contractor shall meet all requirements for Level 5 Libraries as defined in the Admission of New Public Libraries to Washington County Cooperative Library Services, as revised by the Cooperative Library Advisory Board December 3, 1997, and subsequent revisions. 10. RECORD KEEPING A. WCCLS agrees to provide each Contractor with a copy of the County's annual audit, upon request by Contractor. 10/21/03Public Library Services Agreement 6 B. Each Contractor agrees to provide WCCLS with a copy of Contractor's annual audit. For purposes of this Section, the following requirements shall apply: 1. For Contractors which are cities, the audit shall be that of the city, and shall be supplied upon request of WCCLS. 2. For Contractors which are community libraries (specifically Cedar Mill Community Library Association and Garden Home Community Library Association), the audit shall be the result of an annual review of the Contractor's financial statements made by an independent certified public accountant in accordance with standards of the American Institute of Certified Public Accountants, and shall be supplied by December 31 " of each year at WCCLS. C. Each Contractor agrees to provide WCCLS with a copy of the Oregon Public Library Statistical Report required to be made to the Oregon State Library in accordance with ORS 357.520. 11. TERMINATION A. The County shall have the right to terminate this Agreement upon sixty (60) days written notice, if it determines, in good faith through an open, public process, that: 1. The public interest would be served by such termination; or 2. Adequate funds are not available. B. Each Contractor shall have the right to terminate this Agreement upon sixty (60) days written notice, if Contractor determines, in good faith, that: 1. The public interest in its jurisdiction or area of service would be served by such termination; or 2. Appropriated funds for Contractor are less than the amount reasonably anticipated. C. The County and each Contractor shall have the right to terminate participation in this Agreement separately, and Agreements between remaining parties and the County shall remain in effect. D. In the event of the termination by the County or by the Contractor, the County shall provide compensation to the Contractor prorated to the date of termination. 12. COMPLIANCE WITH APPLICABLE LAWS Each party agrees to comply with all local, state, and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. 10/21/03Public Library Services Agreement 7 A. Equal Opportunity. County Personnel Rules provide that County shall enter into contractual agreements only with Equal Opportunity Employers. Therefore, Contractor hereby agrees that its employees (and applicants for employment) shall not be discriminated against because of race, color, national origin, religion, physical or mental handicap, marital status, sex or age, except in case of bona fide occupational qualifications as defined and provided by applicable federal or state law. B. Compliance with Applicable Provisions of ORS Chapter 279. Contractors which are community libraries further agree that they shall comply fully with all applicable provision of ORS 279.310 through 279.430. These include: ORS 279.310, ORS 279.312 relating to payment of labor, materialmen, the Industrial Accident Fund and the Department of Revenue and prohibiting any lien or claim to be filed against County on account of labor or material furnished; ORS 279.314 authorizing County to pay said claims on behalf of Contractor; ORS 279.316 relating to overtime and 279.320 relating to medical care. Said provisions are hereby incorporated by reference and the applicable terms contained therein shall be binding upon Contractors which are community libraries in the same manner as if they were fully set forth herein. 13. INDEMNIFICATION Each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. If the indemnifying party is a unit of local government, such indemnifications shall be subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.300, and the Oregon Constitution. 14. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated for. 15. NO BENEFITS No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar benefits provided by any other party. 10/21/03Public Library Services Agreement 8 16. NOTICE Any Contractor shall give immediate written notice to the County of any action or suit filed or any claim made against that party that may result in litigation and is directly related to this Agreement. 17. INSURANCE Each party agrees to maintain insurance levels, or self-insurance in accordance with ORS 30.282, for the duration of this agreement at levels necessary to protect against public body liability as specified in ORS 30.270. Contractors which are community libraries shall provide certification of insurance upon request. 18. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. 19. CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. 20. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement unless the result of the holding is a failure of consideration of any party. 21. AMENDMENT This Agreement may only be amended in writing and with agreement of all parties. 10/21/03Public Library Services Agreement 9 FOR THE CONTRACTOR: FOR WASHINGTON COUNTY: Signature Title Date APPROVED AS TO FORM: Sr. Assistant County Counsel Signature Title Date 10/21/03Public Library Services Agreement 10 -1 d--) C a) E U -cu C M N 00N00 w C00~ 00i N N0 " N C'7 ~ til C0 Q )r %i E N O) O co ti M r r 0) M N rZ (M LO Cf) 0 co co CD C ~ O N LO O W N to M O M) C7 co G o 7 c r N r Q1 a` a E N Z 69 Q ~ _ ~ c 1 .C '~1 to c La _j 0 LJJ C1 8y~ ~ ~ ~ C L , E o 0 CL d o s o' LL: 000000000000 aoooooooaooo 8 00 o 000000000 G1 W: d aooo0000000 y o r r ~ r r r r r r r r r O L % ! 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U):M ' :N ems. cr; 'O~ ~ ~ E9.tflEf!'vi:t~.VSV}i.l9.mi-d9:V! 63 SOW) ~NCO OO tp OD N0 Z~ C ~ h CD M O OO.NcOM O n M (h y w m E O ~ (O V: U') -CON ',;t M CO O O tri Ch to CV N N d LL N N N 0 a L to (A V3, Efl d9 69 Efl tff tf> 69 EA to (fl EH c co U C . ( a) l O U. u- V y Co V a f0 w (0 o vi yy.0 c'.E-:w j.E y12 Q .2 ~ 02 8 .8, ~ G V3 o (D; 75' it a c , (o , tt E a) co, ca ; o 0 o M v aid Co a). o wI = =.r u AGENDA ITEM # -5-6 FOR AGENDA OF 10/28/03 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amendment to the Joint Funding Agreement: IntergXated Water Resource Management (IWRM) Water Supply Feasibility Study ~v PREPARED BY: Ed Wegner DEPT HEAD OK C CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City agree to amend the existing joint funding agreement governing the IWRM Water Supply Feasibility Study, reallocating the project costs due to partner withdrawals and funding the next two phases of the project? STAFF RECOMMENDATION Staff recommends that the City Council approve the second amendment to the joint funding agreement for the IWRM Water Supply study which commits the City to continue to participate in the project through the environmental impact statement and permitting phase of the project. INFORMATION SUMMARY The City is one of eleven (11) partners undertaking this study. The purpose of the study is to study the feasibility of alternative approaches to increasing the water supply in the basin. The first phase of the project is now complete. Three of the original members in the project, Cornelius, Banks, and North Plains, have elected to withdraw from future participation in the project. Their water allocation and future costs have been reallocated to the remaining members. In addition, this amendment has been created to commit the funding for the next phase of the project. Tigard's share of the next phase, the environmental impact statement and the permitting phase is currently estimated to be $239,536 in FY `03/04 and $389,490 in FY `04/05 OTHER. ALTERNATIVES CONSIDERED If the City were to choose to not amend the agreement, our position as a partner in the project would change, likely leading to our loss of ability to obtain water rights in the project and probably curtail our ability to achieve membership in the Joint Water Commission (JWC). VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Completing the IWRM Water Supply Feasibility Study is the primary strategy for the goal stated in "Tigard Beyond Tomorrow" addressing development of a long term source of water for the community. ATTACHMENT LIST Second Amendment to Joint Funding Agreement for IWRM Water Supply Feasibility Study FISCAL NOTES This project was anticipated in the FY `03/04 budget and $230, 939 was budgeted for this project in the Water CIP fund. The additional $9,000 will be taken from savings on other projects. FY `04/05 Budgets will be structured to include the anticipated FY `04/05 expense if the Council approves this amendment. SECOND AMENDMENT TO JOINT FUNDING AGREEMENT FOR IWRM WATER SUPPLY FEASIBILITY STUDY This Amendment, dated , 2003, is between Clean Water Services ("District"), formerly known as Unified Sewerage Agency, a county service district formed by authority of ORS 451, the Tualatin Valley Water District, a domestic water district formed by authority of ORS 264 and the cities of Hillsboro, Beaverton, Forest Grove, Tigard, Sherwood, and Tualatin, all municipal corporations of the State of Oregon (Partners) and amends the parties' Joint Funding Agreement - IWRM Water Supply Feasibility Study dated June 20, 2001 ("Joint Funding Agreement"), RECITALS: 1. The parties previously entered into the Joint Funding Agreement under which the parties agreed to jointly fund a study of the feasibility of alternative approaches to increasing the water supply, as well as the "no action alternative." 2. The parties now wish to amend the Joint Funding Agreement in order to fund additional tasks to complete the Water Supply Feasibility Study (Study), Planning Report/Draft Environmental Impact Statement, Final Environmental Impact Statement and Permitting. TERMS AND CONDITIONS 1. From the effective date of the Joint Funding Amendment, Partners shall compensate District for each party's share of the cost of the Study as provided in Section 2 of the Joint Funding Agreement. A revised payment schedule is included as Exhibit B. Total payment to District for compensation for services provided during fiscal years 2003-2004 and 2004-2005 shall not exceed $3.23 million. 2. The First Amendment to the Joint Funding Agreement amended Section 4 from $734,000 to $1,237,400. Section 4 is hereby amended as follows: "$1,237,400" is changed to "$4,467,400". 3. Exhibit A of the Joint Funding Agreement is amended by replacing it with Exhibit A of . this Amendment. 4. This Amendment shall be effective upon signing of all parties. Page 1 of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study 5. Except as amended herein, the initial Joint Funding Agreement shall remain in full force and effect. The above is hereby agreed to by the parties and executed by the duly authorized representative below: CLEAN WATER SERVICES APPROVED AS TO FORM: By: By: District General Counsel Date: TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM: By: By: Attorney Date: CITY OF HILLSBORO APPROVED AS TO FORM: By: By: Attorney Date: CITY OF BEAVERTON• APPROVED AS TO FORM: By: By; Attorney Date: CITY OF FOREST GROVE: APPROVED AS TO FORM: By: By: Attorney Date: Page 2 of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study CITY OF TIGARD By: Date: CITY OF SHERWOOD By: Date: CITY OF TUALATIN By: By: By: By: APPROVED AS TO FORM: Attorney APPROVED AS TO FORM: Attorney APPROVED AS TO FORM: Attorney Date: Page 3 of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study Exhibit A SCOPE OF WORK AND PROJECT ELEMENTS WATER S UPPL Y PR OJE C T The following is a review of the various phases and project elements: Phase I - Draft Planning Report and Draft Environmental Impact Statement (PRIDEIS) 1. Project Plan and Kickoff 2. Review Water Supply Feasibility Study and Related Work 3. Overall Water Management Strategic Plan, Operating Principles and Water Rights 4. Natural Environment - Earth Resources 5. Natural Environment - Biological (Land, Air and Water) 6. Human Environment - Surface water 7. Human Environment - Groundwater, Air, Noise, Hazards and Nuisances 8. Human Environment. - Historic and Cultural Resources 9. Human Environment - Economics 10. Human Environment - Recreation 11. Public Involvement 12. NEPA Notices and other correspondence 13.. Project Management Phase 2 - Final Environmental Impact Statement, Record of Decision, and permit negotiations 1. Final Environmental Impact Statement and Record of Decision (ROD) 2. Permitting Additional Project Elements The following are additional Project elements handled with separate contracts or agreements: 1. Governmental Affairs Consultant - A consultant contract to continue efforts to secure federal project authorization and funding assistance. 2. Bureau of Reclamation Technical and Engineering Services a. Seismic (earthquake) Study- A cooperative seismotectonic study of the existing dam and 20 foot and 40 foot raised impacts Page 4 of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study b. Road Relocation Preliminary Design - A preliminary survey and design of Scoggins Valley road relocation areas. c. Revised dam inundation study - a revise inundation study for raised dam and updated information on downstream impacts. d. New outlet facilities - Preliminary design of a new outlet works including study of a variable level intake tower. e. Lands Review Coordination - To coordinate with Reclamation Lands resources staff on review of lands acquisition needs and requirements. 3. Climate Change Impacts Study Contract - Completion of the Climate Change Study to review the impacts of global climate change on the Tualatin Watershed. 4. Corps of Engineers Flood Control Study - A cooperative Study with the Corps of Engineers to evaluate the flood control benefits of the Sain Creek Tunnel and Scoggins Dam raises. 5. Hagg Lake Water Quality Modeling Study - A cooperative agreement with USGS to construct a model of Hagg Lake, including flow, temperature and water quality. The model will assist in determining the release changes to Hagg Lake with a raised dam and additional water storage volumes. Several modeling scenarios will'be run to address issues of impacts within the lake and storage releases. 6. Lands Easement and Options Services - To research the potential land easement and option needs for the preferred alternative. 7. Clean Water Services Project Management - Continued project management and staff support for the Project. 8. Miscellaneous expenses - The tasks and elements of the project not currently provided for in the above listed items. Page 5 of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study J a ~ C MM W = 25 ED CL p' w " l o ~ ~ m m Q ~ m a r E ~ m R N t~7 CL v7 E 'O C m ,=v E o 0 E• CL W m m N ~ E F m °f C C C cc a ° t - 8 1 ~ N " °o o QQq X a o O o ~ ~ i, ~ ~ c1 cA NN N N NV y ! o f 0 N LLY. WW 1 H f9 N N 1 ~ a tf ~ f f 0 VM ' (n(pp Ln p 1A f p 9 t o tOI pp pq 7 o t M M r r 00 V: V 0 ? ~ ? 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N p /D p N O M N O N F C,1 T N d 9 1A ~ ~ oll N N N m a° " a ' a " ' r e N n V r V o tD r-- 0 1~ CD CO 0 t0 n ~ o 0 o 0 o 0 m n o O t N N ai p 7 4 n I+i r im O 0 0 0 C X r y M Ip N O c C m . c 0 M 0 0 0 r O O i r ID co O O O N N O O O 07 Ov 1(f V M O M O r n V O N r O n N N ~ N f0 O m m I O ~ e7 t- 3 a R ~ y m ° Y7 c m d d r ~ 2 - a E D S > x C O N C C d N p a yW Co U O ~ p 3 C C CY O O 0 0 0 0 ! E 0 0 p N K C ' 0 C O j O /O m O d 10 p ~ p 3 ~ S U U U CU U (U CU CU U H a oa ~ w m p p : E y 3 2 _ u. C' S 7L F- AGENDA ITEM # I -4 ct- FOR AGENDA OF Oct. 28 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award c ontract for nu - - - DEPT HEAD OK POO- CITY MGR OK c PREPARED BY: Brian Raper ISSUE BEFORE THE COUNCIL Should the Local Contract Review Board (I.CRB) authorize the award of a contract for engineering services to implement the next phase of the City's ASR system expansion? STAFF RECOMMENDATION Staff recommends the LCRB authorize the award of an Engineering Services Contract to Groundwater Solutions, Inc. (GSI) and Murray Smith and Associates, Inc. (MSA), which would also include permitting assistance and operational support for the Year 2004. INFORMATION SUMMARY In spring 2003, the City prepared a Request for Proposals (RFP) to hire an engineering consultant team to prepare an expansion report for the City's ASR program. The team of Groundwater Solutions, Inc. (GSI) and Murray Smith and Associates, Inc. (MSA) was awarded the contract and completed the Expansion Report in September 2003. The RFP for the expansion report work included a provision that would allow the City to execute an additional contract with the successful consultant team, should the City decide to move forward with implementation of the Expansion Report recommendations. This provision was labeled as "Task C" in the RFP. The Intergovernmental Water Board (IWB) has authorized implementation of the Expansion Report recommendations. The City is now at the point where it can also authorize implementation and has the opportunity to execute a new contract with GSI/MSA. OTHER ALTERNATIVES CONSIDERED The City coeld opt to prepare a separate RFP and solicit proposals for the engineering consultant work. However, based upon Staff's review of the proposal and research with another local jurisdiction that has extensive experience with ASR projects and consultant teams, the proposal from GSUMSA is reasonable and the City will not likely save money in going through the lengthy process of soliciting proposals. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Urban and Public Services, Goal #4, Strategy #3: Conservation - Reuse - Alternatives. ATTACHMENT LIST 1. Memorandum prepared by Brian Rager containing detailed information of the existing ASR system, the Expansion report and the subject implementation proposal. FISCAL NOTES The contract for engineering services, including permitting assistance and operational support, would be $314,525. MEMORANDUM CITY OF TIGARD, OREGON DATE: October 28, 2003 TO: CITY COUNCIL FROM: Brian Rager, Engineering Manager RE: AQUIFER STORAGE AND RECOVERY (ASR) PROGRAM EXPANSION Proposed ASR Production Well and Additional Test Well STATUS OF EXISTING ASR PROGRAM During the winter of 2002/2003, the City was able to successfully store approximately 115 million ite. This gallons of water in their first stribut on during Summer 2003 and has shown th t ASR issa benefit to water was available fo the City. the City reviewed proposals from consultants for operations, support and In the spring of 2003, expansion of the ASR program. The successful consultant team for this work was Groundwater Solutions, Inc. (GSI) and Murray Smith and Associates, Inc. (MSA). The Expansion Report was produced by GSI/MSA on September 12, 2003. The Expansion Report included analysis of five potential ASR well sites, as follows: Baggenstos - Reservoir No. 5 Site (North of Beef Bend along 150th Avenue) 10 MG Reservoir Area (Bull Mountain Road) Progress Quarry - Menlor Reservoir Area Tigard Well #3 Site (South of Walnut Street, West of Gaarde Street) Canterbury -Well #1 Site GSI/MSA rated the Baggenstos and 10 MG Reservoir sites the highest of the five locations for ASR expansion. Of those two sites, the 10 MG Reservoir site is recommended for the next production well, and a test well is recommended for the Baggenstos site. The Request for Proposals (RFP) for the Expansion Report included a provision that would allow the City to execute an additional contract with the consultant team should the City decide to implement the recommendation of the Expansion Report (Noted as Task C in the RFP). City Staff presented the Expansion Report to the Intergovernmental Water Board (IWB) in August 2003 and received a recommendation to carry forward with implementation of the Expansion Report. IMPLEMENTATION PROPOSAL GSI/MSA has submitted a specific proposal for implementation of the Expansion Report, which would include a new 1.0 MGD production well at the 10 MG reservoir site, and a test well at the Baggenstos site. Their services would include design and specifications for the well drilling and pump station, construction oversight and inspection, and aquifer testing. The fee for these services is roughly $255,000. GSI/MSA can also provide permitting assistance and Year 2004 operational support for the ASR system for an additional $60,500. GSI/MSA estimates the total project costs, including the engineering fees, will be as follows: Drilling of production well at 10 MG site $290,000 ASR pump station at 10 MG site $500,000 Drilling of test well at Baggenstos site $ 90,000 Consultant fees • 255 000 $1.13 million SUBTOTAL Permitting Support $ 13,600 L45 9 0 0 Operational support for year 2004 • - - $ 60,500 SUBTOTAL GRAND TOTAL $1.19 million STAFF ASSESSMENT As a part of the review of the proposal, Staff visited with City of Beaverton personnel, who have extensive experience with ASR and have constructed three wells to date and are in the process of constructing their fourth. The City of Beaverton has found that each well, regardless of production capacity, costs approximately $1.0 million each to develop. They have experience with at least two consultant groups, CH2M-Hill and GSI/MSA. They have had positive experiences with both groups and the consultant fees on their projects have averaged approximately 25% of project costs. The GSI/MSA fees for the latest Tigard project would be roughly 23% of the overall project cost. The question of permitting and operational support was also analyzed by Staff. For permits, an addendum to the City's ASR Limited License No. 005 with the Oregon Water Resources Department (OWRD) is needed. Other permits that would be needed include: Well drilling permits at both sites Building permit for the 10 MG site pump station structure Underground Injection Control (UIC) registration with DEQ for both sites Water Rights Transfer Application to OWRD for both sites o Discharge permit(s) from DEQ for handling short-term discharges from the 10 MG ASR well Oregon Department of Health Services (DHS) plan review for the 10 MG ASR well and pump station PAGE 2 City Staff would have expertise to assist with preparation of the necessary building permit application for the pump station and structure. However, Staff does not have the expertise to fully handle acquisition of the remaining permits. Also, the OWRD limited licensing process has been evolving over the last several years and consultants like GSI/MSA are continuously involved with that agency and have a better grasp as to what is needed. GSI is currently involved with the City for licensing for the first ASR well (COT-1 R). It is recommended that the GSI/MSA scope of work include permitting assistance on the new ASR well. With regard to operational support, it is important for the City to continuously monitor COT-1 R for performance and water quality. GSI is currently under contract with the City for these services at COT-1 R. They analyze the City's flow and water quality data monthly so that an annual report to OWRD can be submitted. This analysis also involves making recommendations to the City about the frequency of back flushing the COT-1 R. Again, City Staff is not able to perform the necessary analysis of the flow and water quality data and recommends that the scope for GSI/MSA include operational support. RECOMMENDATION The GSI/MSA proposal for the implementation of the Expansion Report follows the scope that was outlined in the Expansion Report and is reasonable as compared to other successful ASR projects in the area. Since implementation of the Expansion Report has been approved by the IWB, and since the RFP for the Expansion Report included a provision that allows the City to execute a separate contract with Expansion Report consultant for Task C (implementation), then Staff recommends the Council authorize the City Manager to execute a contract with GSI/MSA for the work described in this report. Staff also recommends that the scope of work for GSI/MSA include the additional services for permitting assistance and overall ASR system operational support for Year 2004. PAGE 3 AGENDA ITEM # 4 FOR AGENDA OF October 28.2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Presentation of Information on the New Providence Newberg Medical Center and I^ Hospital PREPARE t ' D BY: Cath Whetle eGt~~ DEPT HEAD OK MGR OKWL -Ulv' v y ISSUE BEFORE THE COUNCIL Mr. Art Lutz will introduce representatives of the new Providence Newberg Medical Center and Hospital to the Council. The hospital representatives will share information about additional hospital services that will soon be available to area residents. STAFF RECOMMENDATION No action requested; this is an information item only. INFORMATION SUMMARY Tigard resident Art Lutz contacted City Manager Bill Monahan and requested an opportunity to share information with the Tigard City Council and area residents about the new Providence Medical Center and Hospital. Mayor Griffith agreed to schedule this item on a Council agenda. Mr. Lutz will attend the Council meeting to introduce representatives of the Providence healthcare system who will present information about this new facility, a $58 million, 138,000 square foot hospital and 45,000 square foot medical office building. Site preparation has begun, construction will begin in the spring of 2004 and the facility will be open in the fall of 2005. Attached are some information flyers summarizing the services and amenities that will be offered. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST 1. Profile - Providence Newberg Medical Center 2. Providence Newberg Medical Center - Quick Facts - August 2003 FISCAL NOTES N/A I %8&nV.*a n3%2=1028\provW0e hose 819-6W The new $58 million statcof the-art Providence Newberg Medical Center will include a 198,000 square-foot replacement hospital, a 45,000 square-foot medical office building, and a healing and wellness garden. The facilities will provide commu- nities in western Oregon with the highest quality health care. From our tiniest patients in the birthing center, to children needing emergency care, to adults seeking services such as rehabilitation, surgical interventions, pulmonary and cardiac care, Providence will be there. We are ready to serve our growing communities Providence Newberg is located in the heart of Yamhill County, one of the fastest grow- ing areas near Portland, Oregon. This area has seen significant population growth over the last few years and population projec- tions show 25 percent additional growth between 2001 and 2011. Although young adults (ages 18 to 44) are the single largest population group, the middle age and sen- ior groups are expected to grow at the fastest rates over the next 10 years. This growth will continue to be instrumental in Providence Newberg's growth and development We have a design for quality care The new medical center will be designed and situated to ensure maximum energy efficiency, as well as abundant natural light to enhance healing and wellness. It will fea- ture stateoRhe-art patient care rooms, plenty of open space and privacy for patients and their families, health educa- tion resources and a healing and wellness garden. The environmentally sensitive design and construction is being recog- nized nationally and is part of Providence', commitment to environmental stewardship. Site preparatron will begin summer 2003; construction will begin spring 2000; and Providence Newberg Medical Center will open fall 2005 Surgical sub specialists The active medical Staff at Providence Newberg Hospital currently includes: two part-time general surgeons, two full-time orthopedic surgeons, a full time GI physi- cian, three GYN surgeons, a part-time ENT. two ptxliatrists, a part-time urologist and three part-time ophthalmologists. Recruitment plans for additional surgical sub-specialists include. ENT, General Surgery, urology, GYN, and orthopedic surgery. Other specialists Other stdrspecialties on the medical staff include: cardiology, pulmonolotin•, hrmatul- ogy/oncology, neurology, anesthesiology, emergency medicine, radiology. allergy anti immunology, nephrology and pathology-. Primary care There are 90 primary care and five pediatric providers serving the immediate primary service area. Clinical Services Development Providence Newberg Medical Center will offer enhanced clinical services: • Expanded cardiac care • Growth in cancerservices • Newly developed sleep lab • Enhanced surgical services, including minimally invasive surgery • Expanded OB/GYN services Nursing and Patient Care Excellence At Providence Newberg Hospital, we have a philosophy within nursing that creates excellence by ensuring our nurses have the tools and time to provide the best quali- ty care possible. We focus on creating the best work environment for nurses and physi- cians so that they can focus their time and energy on patients and their families. At Providence Newberg Hospital, we have an average nurse-t-patient ratio of 1:4-and the highest nursing satisfaction scores with- in the seven-hospital Protide•uce I lealth System of Oregon. A Great Place to Live There is a reason why the communities in our region are growing so rapidly-it is simply a great place to live and raise a famih. The Pacific Northwest is known for its lwauty and mild climate. Newberg is located 24 miles southwest of Portland. Oregon anti 50 miles from the Pacific Ocean. Nestled in the hills of the Yarnhill Valley, which is at the center of Oregon's vibrant anti charming wine country. Newberg offers the best of a small commu- nity, while still being dose enough to Portland( to provide easy and frequent access to the arts anti entertainment found in this beautiful city. MaryBeth Crux. Director, Physician Recruitment, Providence Health System Oregon 503.215-6389 Theta Roscoe, Director, Development & Integration, Providence Health System Oregon 503.215-6013 Hospital_ 501 Villa Road • Newberg, OR 97132 www.provIdenra.orglnewberg A caring difference you can feel Attachment I Introducing An All-New Providence Newberg Medical Center Medical Staff Profile There are more than FO active members v,f the nu•dical .%taff at Pnwideuce Nrvvierg Hospital. At a glance:oVIDENCE HEALTH SYSTEM OUR MISSION Providence Health System in Oregon is a trot-for-profit network of hospitals, health plans, physicians, clinics and affil- iated heaidt services. It is the state's largest health system and second largest private employer. We arc part of a four- state health system serving Alaska, Washington, Oregon, and California. We continue building upon a tradition of caring that the Sisters of Providence began more than 150 years ago. Hospitals Providence Portland Medical Center Providence St. Vincent Medical Center. Portland Providence Milwaukie Hospital Providence Hood River Memorial Hospital Providence Newberg Hospital Providence Seaside Hospital Providence Medford Medical (:enter Other Health Care Facilities Center for Medically Fragile Children, Portland; Providence ElderPlace (Laurelhurst, Mt. Tabor, Cully, Clilviridoveer), Portland: Providence Benedictine Nursing (:enter, Mt. Angel; Pmvidence Brookside Manor, Hood River Health Plans Provides health care coverage to more than 500,000 adults and children in Oregon. Providence focuses on improv- ing the health of its members by creat- ing access to high quality health care programs and preventive services through top-rated benefit plans that are prefer red by providers and customers. Centers of Excellence Providence Heart Institute • Heart Failure/Transplant Program • Oregon Medical Laser Center at Providence St. Vincent Providence Cancer Center • Robert W. Franz Cancer Research Center in the Earle A. Chiles Research Institute • Ruth J. Spear Breast Center • Maybelle Clark Macdonald Radiation Oncology Center • Gamma Knife Center of Oregon Providence Health System continues the healing ministry of Jesus in the world of today, with special concern for those who are poor and vulnerable. Working with others in a spirit of loving service, we strive to meet the health needs of people as they journey through life. Providence Women's Health • Women and Children's Program • Providence Beginnings Providence Neurosciences Clinical Center • Providence Stroke Center • Pacific Northwest Multiple Sclerosis Center • Providence Acute Rehabilitation Center Providence Center on Aging Providence Center for Health Care Ethics Other Special Services and Programs Behavioral Health Services Hume and Community Services Services for Older Adults Occupational Health Services Pastoral and Spiritual Care Residency Programs in Internal Medicine and Family Practice Research Centers Robert W. Franz Cancer Research Center Earle A. Chiles Research Institute Allert Starr Academic Center for Cardiac Surgery Oregon Medical Leer Center It Providence St. Vincent Center for Outcomes Research and Education (CORE) OUR CORE VALUES The Providence mission is carried out by employees, physicians, voluntam and other care providers whose service reflects our five core values: compassion, justice, respect, excellence and stewardship. Statistics of Interest Employees of Providence Health System in Oregon - 13,200 Active medical staff members - 1,790 Members of Providence Health Plan - 175,500 Persons eligible for Providence Preferred (PPO) - 429.200 Persons eligible for Providence MCO - 368,000 Licensed beds for acute and long-term care - 1,425 ANNUAL' Admissions for acute care - 64.996 Admissions for long-term care - 964 Births - 9,587 Inpatient surgeries - 20.490 Home health and hospice visas - 217,603 Primary care vents - 567,624 Emergency visits - 205,657 Acute outpatient visits - 2,171,540 Inpatient acute care days - 265,841 Housing and assisted living days - 110,446 Chanty and unpaid community benefit costs - $75.7 million Donations to Providence foundations - 11114 million (•2001 aau1 SPECIAL RECOGNITION 100 Top Hospitals Award, national winner, from Solucient (formerly HCIA-Sachs Institute). Providence Portland Medical Center (1993, 1994, 1999, 2000); Providence St. Vincent Medical Center (1993, 1994. 1998, 1999.2000.2001); and Providence M~Iwaukie Hospital (2001) Top too integrated Health Care Systems, from Hospitals and Health Networks magazine. Providence Health System 0 999) Top 100 Integrated Healthcare Networks, from Modem Healthcare magazine: Providence Health System in Oregon (2000-2002) Consumer Choice Award, from National Research Corporation: Providence St. Vincent Medical Center (1996-2002) and Providence Portland Medical Center (1998) 100 Best Companies to Work For, by Oregon Business magazine: Providence Health System in Oregon 0996-2002) Magnet Recognition for Excellence in Nursing Services. from American Nurses Credentialing Ceme•:: Providence St. Vincent Medical Center (2000) Accreditation by Joint Commission on Accreditation of Healthcare Organizations: All hospitals of Providence Health System in Oregon Medical Clinics Providence Mediral Grnup, with locations throughout Portland and in Gresham, Clackamas, Tigard, Aloha; providence Afediral Group Sorith, with locations in Medford. Central Point, Shady Cove; and Parvidence Nc: tit Corot Clinic in Seaside prmtiderue Family & Internal Medicine. with locations throughout Portland and in Milwaukie, Wilsonville, Newberg, Sherwood, Vernonia prm,iden, Maternal Care Clinic, Prwridence St. Vincent Prenatal Clinic, Providence Beginnings (Eastside and Westside), all in Portland pmtndenm Hood River Health Services • www•Prdenc•.argln•wbarg 501 Villa Road • Newberg, OR 97132 PRvrndmce H akh System is an erml opportunity ogmnizatitm in the pmvisinn of health can smdns and empf,y;-t opportunities. A caring difference you can feel Attachment 2 Providence Newberg F A C T S- A u Medical Center g u s t 2 0 0 3 Q u 1 C K Current New Hospital Hospital Beds Med Surg .........25 27 ICU ..............4 ........4 LDRP ............6 ........8 ED ..............!9 ........15 Sleep Lab .........0 ........2 Square Feet (gross) Hospital ..........58,900 ....138,000 Doctor's Offices ....14,000 ....37,500 (N-1-9) (on site) E~lo meat Employees .........350 .......450 (approx) 60 other new jobs will be created in the community as a result of the new facility (per OAHHS Study) Communities to be served: Carlton, Dayton, Dundee, Lafayette, McMinnville, Newberg, Sherwood, St. Paul, Tigard, Tualatin, Wilsonville, and Yanlhill. Sherwood Medical Office Building Site size: 3 acres Location: NW corner of Edy Road and 99W Doors Open: Mid 2006 Enhanced services provided after the move: • Full time MRI0.5 Tesla) • 3rd O.R. • Dedicated C section room Additional physician specialists we are recruiting: • Cardiology • Gastroenterology • General Surgery Dr. Richard Fisher arrives 1/04 • Inpatient Management • Neurology • OB/GYN Dr. David Johnson arrives 10/03 • Otolaryngology (ENT) • Pulmonology/Sleep Departments to be added to the hospital facility: • Employee Health • Human Resources • Marketing & Communications • Foundation Departments that will not be in the new facility: • Home Health • Lifeline • Interfaith Volunteer Caregivers • Outpatient Rehab Services Site size 56 acres Project Budget - $58,000,000 Foundation Campaign The Time is Now Kick off date Celebration of 1000 Shovels 9/27/03 Goals • $7,000,000 ($3,500,00 by 12/31/03) • Employees 100% participation • Med Staff 100% participation Progress to date: $1,700,000 Key Dates: Site work Sept. 2003 - Nov 2003 Building construction Mar. 2004 - Sept. 2005 Building commissioning and preparation Oct. 2005 - Nov. 2005 Serve first patient December 2005 Architect: Mahlum Architects of Portland, Ore. General Contractor: Skanska USA Building, Inc. of Parsippany, NJ (formerly Baugh Construction of Portland, Ore.) I • 501 V Ifa Road • Newberg, OR 97132 • Telephone 503-537-1699 • Fax 503-537-1814 • www.providence.org/newberg A caring difference you can feel PROVIDENCE NEWBERG MEDICAL CEN1'E,R, Right where you are b ~,(n 77 1 i r L r k f/ f I i l J R y 1 . . : S' ~ 7 ! r :'1'K_:'~.Y 5.~:-sue jt~ jt~ jt~ I 1.4♦ Conic lean ho Nv Pro«clence is building to serve the Health care neeCls of ollr i-eglon. Set to open December 2005, Providence Newberg Dvledical Center, located on Highway 99W just 10 miles south of Tigard, will provide the region with a state-0f- JOIN US AT A the-art medical campus including a hospital, medical COMMUNITY FORUM office building, and healing and wellness garden for Monday, Nov. 3 patient;, families and the community. As part of the 7-8 p.m. project. Providence will add 20 new physicians to Richard Brown Auditorium enhance the care you can receive closer to home. City of Tigard 13125 S.W. Hall Blvd. The $58 million regional medical facility will offer Light refreshments will be enhanced outpatient and inpatient services. It's served Providence Health System's first new hospital since R S.V.F' requested but not" Providence St. Vincent was built almost 30 years ago. required: 503-537-1671 A brief presentation will be followed by a question All are welcome and answer session Providence Newtoer.g..- A caring difference you can feel AGENDA ITEM # 5 FOR AGENDA OF October 28.2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Change Orders on the Hall Boulevard Improvement Proiect f VII PREPARED BY: A.P. Duenaass DEPT HEAD OK ~.._C1TY MGR OK ISSUE BEFORE THE COUNCIL The cumulative total of change orders on the Hall Boulevard Improvement project exceeds ten percent of the original contract amount. This agenda item explains the need for those changes. Council, acting as the Local Contract Review Board (L.CRB), will be requested to approve the change orders to date on this project. RECOMMENDATION Staff recommends that the LCRB approve the change orders to the contract with Eagle Elsner for the Hall Boulevard Improvement Project. In addition, staff recommends that the LCRB authorize any additional changes which may become necessary as the project progresses, up to 10 percent of the original contract amount, without further action by the LCRB. INFORMATION SUMMARY The original contract with Eagle Elsner for the Hall Boulevard Improvement Project is $471,171.50. Since the work on the project commenced, changes to the scope have become necessary for the project to proceed towards completion. The changes to the original contract to date would increase the total contract cost to $580,776.90, which represents a 23%n increase from the original contract amount. LCRB approval is necessary at the point in which changes cumulatively increase the contract amount over ten percent. The requirement to replace the existing culvert on Hall Boulevard with one that allows for fish passage (Change Order No. 4) is the one single major work item that caused this significant increase in the contract cost. Council was informed by memorandum dated October 10, 2003 of the change orders and the reasons for executing them. This agenda item submits the changes for formal LCRB approval. The following is a table providing a. brief overview of all the change orders on the project: Change Order Bate Amount Scope of Work 1 8/27/03 $12;826.00 Removal and disposal of contaminated soil on the east side of Hall Blvd between Regina Lane and the proposed Wall Street intersection. 2 9/11/03 $1,283.40 Removal of unsuitable soils below subgrade elevation and replacement with imported -material. 3 10/06/03 $1,664.00 Excavation around the temporary power pole and library project trailers in the vicinity of the proposed utility trench area. 4 10/06/03 $70,645.00 Removal of an existing 24-inch culvert crossing Hall Blvd and replacement with a 57-inch by 38-inch arch culvert with concrete headwalls and riprap suitable for fish passage. 4a In No cost Transmittal of comments by ODF&W on both the Hall Blvd culvert progress replacement and the stormwater outfall to Fanno Creek to ensure that the comments are recorded and would be incorporated into the work upon construction of those two items. 5 In $23,186.00 Removal and disposal of the existing white house east of Hall Blvd and progress south of Fanno Creek. The work includes backfilling of the basement with rock, removal of the existing septic system, backfilling with imported material in the septic tank cavity and removal of the concrete slab where the garage used to be. Total Change Orders $109,605.40 Original Contract Amount $471,171.50 Revised Contract Amount $580,776.90 Attached is a complete explanation of the reasons for the changes shown in the table above. There may be additional change orders necessary due to currently unforeseen circumstances as the project proceeds towards completion. The depths of some of the existing utilities will not be determined until the contractor begins excavating for placement of the new culvert. Additional work to move utilities and allow placement would require additional changes to the contract. Any other changes on the project would be addressed as they become necessary. Because additional changes resulting from currently unknown factors may become necessary as the project progresses, the LCRB will be requested to authorize additional changes up to 10 percent of the original contract amount without further LCRB action. OTHER ALTERNATIVES CONSIDERED The LCRB does not approve the change orders. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Completion of the Hall Boulevard Improvement Project expands the capacity of that street and meets the Tigard Beyond Tomorrow goal of Improve Traffic Flow. ATTACHMENT LIST Reasons for the change orders on the Hall Boulevard Improvement Project FISCAL NOTES The Hall Boulevard Improvement Project is a City project funded through Traffic Impact Fee funds, supplemented by funding from the New Library construction funds, and from the Fanno Pointe Condominiums. The total amount budgeted for the Hall Boulevard Improvements and the extension of Wall Street to provide joint access for the new Library and Fanno Pointe Condominiums (including signalization of the Hall Boulevard/Wall Street Intersection) is $1,286,466. There are sufficient funds in the project account for these change orders. I,yrQ'pwbourdl ag"A wm~chvge ordm on dw hel bodwwd VMANrrmrrrd Vrol*ctdoe Hall Blvd Improvements Reasons for Construction Contract Change Orders Contractor: Eagle Elsner, Inc. Contract Amount: $ 471,171.50 Notice To Proceed: July 25, 2003 Scheduled date for substantial completion: October 31, 2003 Final completion date: November 25, 2003 Change Order No. 1 Amount: $12,826.00 Status: Executed August 27, 2003 Reason for the Change Order: The City knew going into the project that there was some contaminated soil at the intersection of the new Library driveway with Hall Boulevard. Soil samplings prior to construction noted contamination at the area next to the Wall Street curb return. However, additional soil samples taken during site excavation indicated additional contaminated areas south of Wall Street. The contaminated material was directly in the area for the utility trenching to move overhead utilities underground. The area that needed to be excavated and removed was identified and the change order was executed for the contractor to perform the work. This contaminated material needed to be disposed of properly in a landfill that is authorized to accept it. The total area removed for disposal was approximately 131 cubic yards. Safety training in the removal of the material was included in the change order. This work was required for the project to continue and the utility trenching to be completed. Change Order No. 2 Amount: $1,283.40 Status: Executed September 11, 2003 Reason for the Change Order: Discovery of unsuitable soils between Station 2+46 and 2+66 required excavation below actual subgrade elevation. This was in the area under the proposed sidewalk in front of the Fanno Pointe Condominiums. This change order was to remove unsuitable material and replace it with imported structural fill. Change Order No. 3 Amount: $1,665.00 Status: Executed October 6, 2003 Reason for the Change Order: This change order was to carefully excavate around the temporary power pole in the utility easement and the library project trailers immediately adjacent to the pole without removal and relocation of the pole. The temporary pole provides power to the Library construction project. This work was necessary during the trenching for the undergrounding of the utilities to avoid disruption to the library construction project. Change Order No. 4 Amount: $70,645.00 Status: In-progress Reason for the Change Order: The original plans for the Hall Boulevard improvements included extension of the existing 24-inch culvert just south of the new Library driveway. The City received permits from the Division of State Lands (DSL), the Corps of Engineers, and Oregon Reasons for the Change Orders - Hall Boulevard Improvement Project Page 1 of 3 Department of Transportation (ODOT) to do the work. The project was bid with that scope of work included. However, after the contractor began work on the project, Oregon Department of Fish and Wildlife (ODF&W) objected to the extension and required that the existing culvert be removed and replaced with one that allows for fish passage. The other environmental agencies agreed that permits were issued without taking ODF&W comments into consideration and that the work needed to be done to satisfy fish passage laws. Therefore, permits to replace the culvert had to be obtained before the work could proceed. The Hall Boulevard design consultant designed the culvert replacement and submitted the documents for approval. The scope of work includes removal of the existing culvert, installation of a 57-inch by 38-inch arch culvert with concrete headwall and strategically placed rocks along the bottom of the culvert. The City received approval for the work from ODOT, DSL and the Corps during the week of October 6, 2003. It is important that this work be performed promptly because of the restrictions involving work within the streams at this time of the year. The window for this work typically is between July 1 and September 30 each year. Because of the need to first design the work and then obtain the necessary permits, the September 30`h deadline could not be met. The City requested and received a one-month extension from DSL and ODF&W for this work (expiring October 30, 2003). Because of the need to start and complete the work before the end of October, and because Eagle Elsner controls all work activities within the project limits and is already mobilized and working on the project, it did not make sense to bid out the additional work. The City staff negotiated the amount for the work with the contractor for execution as a change order to the Hall Boulevard project contract. In accordance with ODOT's requirements, the work will be done at night (between 9:00 p.m. to 6:00 a.m.) to minimize disruption of traffic along Hall Boulevard. The culvert replacement is anticipated to begin October 12`h and be completed by October 17`h Change Order No. 4a Amount: No cost Status: In Progress Reason for the Change Order: This change order transmits the comments from ODF&W regarding the Hall Boulevard culvert replacement and the stormwater outfall pipe leading from the water quality swale to Fanno Creek. This document ensures that the work-related comments from ODF&W are incorporated into the contract and ensures compliance by the contractor. There is no cost to this change order. Change Order No. 5 Amount: $23,186.00 Status: In Progress Reason for the Change Order: The existing white house on the library property needs to be demolished and removed. The City staff requested proposals from Hoffman Construction and Eagle Elsner for that work, and asked our Public Works crews to let us know how much it would cost them to do the work inhouse. Public Works responded with an estimated cost of $30,000. The proposals from Eagle Elsner and Hoffman for removal of the white house were almost equal ($21,235 for Eagle Elsner and $21,652 for Hoffman). However, Eagle Elsner controls the access along the frontage of the white house and is in a better position to do the work without further Reasons for the Change Orders - Hall Boulevard Improvement Project Page 2 of 3 coordination. In addition, they are working on the water quality swale behind the white house. It would not be desirable to have two different contractors working in that relatively small area. Assigning the work to the City's inhouse crews would result in higher costs, and would divert those crews from essential work that they need to be doing at this time of the year. As a result, City staff proposes execution of a change order for Eagle Elsner to perform the demolition work. The change order includes the amount of $21,235 for removal of the house, removal of the septic system, backfilling of the basement hole after house and basement removal, and removal of the concrete slab where the garage used to be. A price quotation was also requested from Eagle Elsner to remove and dispose of the Atlas cedar tree in front of the white house. An additional amount of $1,951 is added to the white house removal cost resulting in a total change order amount of $23,186.00. Nar~pratrnemorardretts4eaeone for ft charge orders to the hap DotAwanf Irnprov-nta pmNcldoo Reasons for the Change Orders - Hall Boulevard Improvement Project Page 3 of 3 AGENDA ITEM # FOR AGENDA OF 10/28103 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Youth Court Update DEPT HEAD OK _L'f- CITY MGR OK 74- PREPARED BY: Nadine Robinson A, ISSUE BEFORE THE COUNCIL Judge O'Brien and Nadine Robinson, Court Manager, will provide an update on the status of the Youth Court. The report and presentation will address the court's current program including caseload, sanctions, and compliance. STAFF RECOMMENDATION It is recommended that the Youth Court program continue, subject to further evaluation as part of the Municipal Court's annual review of operations next spring. INFORMATION SUMMARY The Youth Court program for first offenders was developed in response to a 1999 statute authorizing municipal courts to assume jurisdiction over certain categories of juvenile offenses. The current program was reviewed and approved by Council and the Washington County Circuit Court in 2002. Although the basic processes have remained intact, the program has been continually refined in cooperation with the Tigard Police Department, Tigard Peer Court, the Washington County Juvenile Department and the Washington County District Attorney. Since the inception of the Youth Court, 106 juvenile misdemeanor or violation cases have been received by the Court. The majority of the cases have been theft related. In most case types, the court typically suspends a substantial fine and imposes various conditions of probation for a period of six months or more. These conditions may include community service, restitution to victims, a court diversion fee, counseling programs (such as Theft Talk) and letters of apology. Five "standard conditions" of probation are also imposed. Encouraging trends we have seen to date include: e 97% of cited juveniles have appeared for their scheduled arraignments. Parental involvement has been very high. e Rates of compliance with conditions of probation have been very high. Juveniles have completed 834 hours of community service. The majority (92%) of participants, with the active involvement of one or more parents, have successfully completed the Youth Court program. Recidivism and noncompliance rates have remained very low. The Court will continue to monitor the Youth Court program's success and report back to Council in the annual report. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Memorandum PowerPoint Presentation FISCAL NOTES Funds are budgeted for the current programs. YOUTH COURT EVALUATION Tigard Municipal Court October 13, 2003 TO: Honorable Mayor and City Council Bill Monahan, City Manager FROM: Michael J. O'Brien, Presiding Judge Nadine Robinson, Court Manager SUBJECT: First Annual Evaluation of the Tigard Youth Court We appreciate the opportunity to meet with Council and the City Manager to review and evaluate the operations of the Tigard Youth Court since its inception in June, 2002. The Youth Court program for first offenders was developed in response to a 1999 statute authorizing municipal courts to assume jurisdiction over certain categories of juvenile offenses. The current program was reviewed and approved by Council and the Washington County Circuit Court in 2002. Although the basic processes have remained intact, the program has been continually refined in cooperation with the Tigard Police Department, Tigard Peer Court, the Washington County Juvenile Department and the Washington County District Attorney. 1. Caseload: As of September 30"i, Youth Court has received 106 referrals, of which the vast majority were for shoplifting (Theft II and III) offenses. [Please refer to the attached Appendix A for additional details.] This distribution of offenses approximated our expectations, since theft cases have historically comprised the highest proportion of juvenile misdemeanors in Tigard. Of these 106 cases, 8 were referred to various Juvenile Departments because they were ineligible for our program, primarily because the juvenile resided in another county. 2. Co-ordination with Tigard Peer Court and Washington County Juvenile Department: By court rule, each juvenile referral is screened by Peer Court and the Juvenile Department before being accepted into Youth Court. Following this screening process, about one-third of all juvenile misdemeanor referrals from the Tigard Police Department have been processed by Youth Court. The remaining two-thirds are retained by either Tigard Peer Court or the Washington County Juvenile Department. 3. Court processes: A full misdemeanor arraignment is conducted in every case, although each charge will be reduced to a violation by motion of the City Prosecutor. Arraignments usually require 30 to 45 minutes. If the juvenile admits the offense in open court and completes the required forms, the judge meets with him or her in chambers prior to accepting the plea. These one-on-one conferences have the following goals: ensure that the juvenile has understood his or her legal rights; review the factual basis for the plea; promote accountability and open communication; and gain some insight into the juvenile's situation at home and school. After about 15 minutes, the parents are invited to join the conference and participate in developing the court's response. Although the time spent in arraignments could certainly be reduced, these conferences are invaluable in crafting appropriate sanctions and maximizing the court's impact on juveniles and their parents. Parental involvement remains very high. Only one juvenile family member present. arrainment, for an Although parentsared minor, has been conducted without at least one adult required to appear by summons, most participate actively in the arraignment conferences. To date, only one juvenile has denied the allegations in the criminal complaint. She later changed her plea and admitted the offense. 4. Sanctions: The court typically suspends a substantial fine and imposes various conditions of probation for a period of six months or more. These conditions may include community service, (such as Theft Ta k) and letters of restitution to victims, a court diversion fee, counseling programs apology. Five "standard conditions" of probation are also imposed. To date, juveniles on probation have been ordered to perform 1,396 hours of community service, of which 834 hours had been completed as of September 30`". 5. Noncompliance, probation violations and recidivism: 92% of participants in the Youth Court program are incompliance with all conditions probation al bench. wwarrant i1 failed whereabouts of the arraignment, resulting in default judgments and (in one case) resulting in an other juvenile remains unknown. There have been six probation violations, generally extension of probation with additional conditions. That case (a felony) has been referred to theler criminal offense while on probation in Youth Court. Juvenile Department. 6. Legislative changes: As a result of the 2003 legislative session, penalties and court assessments have increased for all violations some minor revmsions in r stitutionhprocedure nits fine schedules accordingly. There were also 7. Caseload revisions: As requested by the Tigard Police Department, and with the approval a significant effect currently acc d. ting tobacco of the Juvenile Department and District Attorney, violations. This revision is not expected t ely ion h the 8. Administrative issues: Youth Court has ladministrativle concerns.atA major goal in Juvenile Department and Peer Court in resolving occasiona our combined efforts is to ensure that cases are properly screened for eligibility for our program. a Summary and Recommendation: The large majority (92%) of participants, with the active eted Court cidivi involvement of one or more parents, has successfully urrent levels the Youth Court's aseR ad hassm ~ and noncompliance rates have remained very J evaluation budgets. as part of therefore recommend that ® not imposed any significant burdens on court staff or Municipal Court's annual review of W Court program continue, subject to further J operations next spring. We welcome any questions you have concerning Youth Court programs. 2 - YOUTH COURT EVALUATION O N E CL 0 cn s L Lm c C •p O ~p N e0 d > N ~ d ~ 2 V v = cc CL c :E .g cc m r- 0 to Ch 0 g 0 U) 0 ~ v v F- L. v~ a LLI ! 0 O C4 L C? E cn 0 t8 0 V a6 4S A4 ~S sa ass c~. b tea, y`~s 4~ ss~ J as Js OOb 90 le ~a a~ Cl) c 0 jagwnN CD 40 CD CD M N O o w 60 l Tigard Municipal Court First-Offender Program Tigard Municipal Court 1/02 Theft II hvwJN C.~NeM 'II I I Jximately 300 juvenile misdemeanors per in Tigard s screened by Tigard Peer Court and file Department t 1/3 eligible for Youth Court program Legislation authorizes Juvenile misdemeanor ,d for Mun 'c' pal Courts 12: Tigard Youth Court developed in cooperation shington County Juvenile Department shington County Circuit Court shington County District Attorney and Peer Court ~prd Police Department Crd volunteer Coordinator Tigard Youth Court approved by Tigard City Council shinaton County Circuit Court; referrals begin. Juvenile Caseload on..... demeanor arraignment. minutes) eanors reduced to violations nces with juvenile and parents Lion: written order stating conditions ation : one case to date; changed plea. Youth Court Evaluation Tigard Municipal Court id imposition of a fine unity Service hours required to date) eling programs (Theft Talk) of apology ion fee of success - benefits to community: :nt behavior results in prompt response, compliance rate ents actively involved 24 hours of community service ordered to date significant burdens on staff, budgets all laws i school, make best grades possible reasonable household rules parents advised of whereabouts times court advised of address, phone number continued cooperation with Peer Court uvenile Department to ensure )priate and timely referrals legislative changes cco cases added September, 2003 2 Youth Court Evaluation Tigard Municipal Court 13125 S.W. Hall Blvd. Tigard, Oregon 97225 Youth Court Evaluation AGENDA ITEM # FOR AGENDA OF October 28, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Ash Creek Estates Planned ueveio ment ai s►on muu► z5 PREPARED BY: Morgan Tracy DEPT HEAD OK A" MGR OK' C; ~WAYL ISSUE BEFORE THE COUNCIL To make a final decision approving the Ash Creek Estates Planned Development Subdivision and adopt findings and proposed conditions of approval for the decision rendered by the Tigard City Council on September 9, 2003. STAFF RECOMMENDATION Approve the attached findings. INFORMATION SUMMARY On July 71h, 2003, the Tigard Planning Commission held a public hearing to consider an application for a 29 lot subdivision and planned development on 9.36 acres. The property is located at 9750 SW 74`h Avenue. The proposal is to provide single-family detached housing on lots ranging between 4,702 and 11,616 square feet. The Planning Commission moved to deny the application, which failed in a 4-4 tie vote. The Commission then moved to approve the application, which also failed in a 4-4 tie vote. Based on the Commission's by-laws and Robert's Rules of Order, without a majority affirmative vote, the application was denied. Since no motion was approved, no findings in support or against the application were adopted. The applicant, Dale Richards of Windwood Homes, filed an appeal of the application denial on July 15, 2003. The City Council heard testimony at its August 12, 2003 public hearing, which was continued to the September 9, 2003 hearing to finish receiving testimony. The applicant offered rebuttal to the points raised by the opponents. After the hearing closed, Council members indicated that they were persuaded the requirements of the Development Code had been met and approved a motion for tentative decision for approval of the application. Council directed the applicant to provide the written findings for this decision for final Council consideration at its October 28, 2003 meeting. The applicant submitted findings along with modified conditions of approval to support the decision. Based on the material submitted to date, the applicant's submittal, the findings within the staff report and the applicant's written findings, it is recommended that the Council adopt the attached resolution approving the application. OTHER ALTERNATIVES CONSIDERED Amend the proposed written findings. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Attachment I - Resolution adopt findings of fact for Ash Creek Estates Subdivision Exhibit "A"- Proposed Findings Exhibit "B"- Staff Report to the Planning Commission dated July 7, 2003 FISCAL NOTES N/A AGENDA ITEM # 6 FOR AGENDA OF October 28.2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider a Resolution Amending Resolutions No 03-25 and No. 02-38 by Amending Exhibit A Thereto and Increasing Certain Fees for Engineering and Land Use Planning, and Modifying the Index Period Used for the Annual Adiustment of the Land Use Planning Fees. PARED BY: Michelle Wareing DEPT HEAD OK a CITY MGR OKG PRE ISSUE BEFORE THE COUNCIL Should the City Council approve a resolution to amend the Master Fees and Charges Schedule and update certain fees? STAFF RECOMMENDATION Staff recommends that Council adopt the resolution. INFORMATION SUMMARY In June 2002, Council adopted new fees for land use planning applications. At that time the new fees included only planning staff time. Council reviewed the basis of the fees and directed staff to determine the cost to recover the staff time for the City's Development Review Engineer and Forester. Both of these staff persons are integrally involved in the review of certain land use applications. The proposed fee increases varies depending upon staff's estimated involvement in the each land use application review. Also, when the fees were updated in 2002, an annual update cost index was set for the planning fees. The adopted cost index is the Construction Cost Index (CCI) for the City of Seattle (Seattle is the closest city to Tigard that has a published CCI) as published in the June issue of the Engineering News Records (ENR) each year. The June issue is not published until late June, which does not coincide with the annual review and update of the Master Fees and Charges Schedule in early June. Staff is recommending that the April issue of the ENR be used to adjust the planning fees annually, so the adjusted fees will be known for the annual update of the Master Fees and Charges Schedule. The City hired a consultant to perform a Right-of-Way Management Assessment Study. This Study provided many recommendations including the need to review and increase current Engineering Fees. Staff has reviewed the Engineering Fees and is recommending increasing the Fee-in-lieu of Undergrounding and Addressing Fees to better recover staff and material costs. Also, an Erosion Control Permit Fee and Erosion Control Plan Check Fee will now be charged. These two fees are governed and set by Clean Water Services. The City does not retain any of the Erosion Control Permit Fee revenue, but does retain 50% of Plan Check Fee. OTHER ALTERNATIVES CQNSIQtKtu Do not amend the Land Use Planning Fees. Do not amend the Engineering Fees. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATFGY N/A ATTACHMENT LIST Resolution Resolution Exhibit A FISCAL NOTES There are no additional costs attached to these changes.