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City Council Packet - 06/24/2004 Drr~ira~ CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING June 22, 2004 COUNCIL MEETING WILL BE TELEVISED 1:%0fs%D fTas%Cc" Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Item No. 131 For Council Meeting of e7 a 7 W COUNCIL MINUTES TIGARD CITY COUNCIL MEETING June 22, 2004 The meeting was called to order at 6:31 p.m. by Mayor Dirksen. Council Present: Mayor Dirksen, Councilors Moore, Sherwood, Wilson, Woodruff • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:32 p.m. to discuss exempt public records and pending litigation under ORS 192.660(2)(f)(h). Executive Session concluded at 6:44 p.m. Study session convened at 6:44 p.m. • STUDY SESSION > REVIEW OF WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES (WCCLS) LEVY RESULTS Library Director Barnes provided the Council with background information and voter statistics on previous levy attempts. The Council's position on a November, 2004 WCCLS levy was requested. Although the Council supports the levy, several Councilors expressed concern over competing measures that are likely to appear on the November ballot. The number of competing money issues may make all ballot issues difficult to pass. The Council was also concerned about waiting an additional two to four more years to place this issue on the ballot again. General consensus of the Council was they supported the WCCLS levy appearing on the November ballot, although they had some reservations regarding the timing. Tigard City Council Minutes Page 1 Meeting of June 22, 2004 > ADMINISTRATIVE ITEMS a. Review Street Maintenance Fee Billing Memo City Manager Monahan cited a June 22, 2004 memo from Financial Operations Manager lmdleke. The memo detailed an error in the calculation of the street maintenance fee for some customers. Finance Director Prosser explained the error had already been corrected and the credit would appear on the customer's next statement. b. Volunteer Appreciation Scheduled for Friday, June 25 Councilor Moore indicated he would not be able to attend and Councilor Sherwood indicated she would attend. The format of the event was discussed. C. Calendar Review City Manger Monahan noted the following dates: • June 23 - Potential Council Meeting - 6:30 p.m. • June 24 - Potential Council Meeting - 6:30 p.m. Councilor Moore stated he was not available on this date. • July 5 - City Hall Closed to observe 4' of July holiday • July 8 - Ethics Training - 7 p.m. Several Councilors indicated they would not be able to attend. • July 13 - City Council Meeting - Business Meeting • July 20 - City Council Meeting - Workshop • July 27 - City Council Meeting - Business Meeting d. SEILI/OPEU Ratified Contract Mr. Monahan reported the SEIU/OPEU contract had been ratified, but final numbers were not yet available. e. Mr. Monahan referred to a memo from Mr. Stobbe inquiring how park SDCs collected in the annexed portions of Bull Mountain had been spent. Mr. Monahan explained the city does not track where SDCs are collected. All SDCs go into the same pot. He noted Mr. Stobbe may be at the meeting tonight. A brief discussion about how SDCs were spent and the city's attempts to purchase land in the Bull Mountain area ensued. With regard to the Bull Mountain annexation, City Attorney Firestone indicated the Council could configure the SDCs so monies collected from certain areas were subsequently expended in those same areas. Tigard City Council Minutes Page 2 Meeting of June 22, 2004 l Councilor Wilson suggested the creation of a guideline, as opposed to a policy, which would allow for some flexibility in expending SDC funds. If the policy is too restrictive, opportunities may be lost due to the funding constraints. City Attorney Firestone stated the SDC project list could be used to evaluate whether the distribution and priority of projects corresponded to the source of the funding. f. The Council discussed format options for public comments regarding the Bull Mountain White Papers. It was noted comments must be related to the white papers. > NON-AGENDA ITEMS City Manager Monahan requested the Council consider a resolution to appoint lane McGarvin as Deputy City Recorder. Study session recessed at 7:16 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the Council and Local Contract Review Board Meeting to order at 7:32 p.m. 1.2 Roll Call: Mayor Dirksen, Councilors Moore, Sherwood, Wilson and Woodruff were present 1.3 Pledge of Allegiance 1.4 Council Communications at Liaison Reports If there was time later in the meeting, Councilor Sherwood stated she had information she wished to discuss regarding the Regional Blue Ribbon Housing Task Force. 1.5 Call to Council and Staff for Non-Agenda Items City Manager Monahan requested the Council consider a resolution appointing Jane McGarvin as Deputy City Recorder under Non-Agenda Item # 13. Tigard City Council Minutes Page 3 Meeting of June 22, 2004 VISITOR'S AGENDA Mayor Dirksen reminded the audience the visitor's agenda provided an opportunity to address the Council on items that were not scheduled to be discussed on the evening's agenda. If people wished to comment on the Bull Mountain White Papers, he asked them to reserve their comments until the Item was up for consideration. ■ Keshmira McVey, 13525 SW Beef Bend Rd., Tigard, Oregon, expressed concern over Tigard residents' cost associated with the Bull Mountain annexation. She pointed to a $4,000 expenditure to hire a public relations consulting firm and a supplemental budget required, in part, to cover additional attorney costs related to the annexation. She questioned whether Tigard residents were aware of what the attempted annexation of Bull Mountain was costing them. She placed annexation figures in the $30 million range and inquired what Impact this had on the city's budget. She noted, should the annexation move forward, expensive litigation would likely result. She stated public officials have a fiduciary obligation to their constituents to weigh the benefits and costs of policy decisions. She questioned why the Council was spending scarce resources to annex the south slope of Bull Mountain, when it could choose to annex only a portion of the mountain, thus avoiding additional costs. ■ Ken Henschel, 14530 SW 1440 Ave., Bull Mountain, Oregon, responded to comments regarding the single majority voting methodology made by Mayor Dirksen at the June 8, 2004 Council meeting. Mr. Henschel reported on June 8, the Mayor was responding to citizens who had expressed concerns that the single majority vote was unfair, undemocratic and diluted the votes of Bull Mountain residents. Mr. Henshel summarized Mayor Dirksen's comments, stating the Mayor asserted it would be unfair for a smaller population of registered voters, in a double majority vote, to overwhelm the registered voters of a larger population; that such a double majority vote would allow 4,000 Bull Mountain voters to be the voting equivalent of 22,000 Tigard voters. This would result in a Tigard vote having the electoral equivalent of one-fifth of a Bull Mountain vote. Mr. Hanschel suggested the following scenario. The financially-strapped City of Portland discovers a legal document which enables it to annex the City of Tigard. Portland will gain a source of revenue, while Tigard residents will see their taxes increase substantially without any improvement in service. Portland has 282,000 registered voters and Tigard has 22,000. Mr. Henschel posed the question: as a Tigard resident, would you prefer to have your vote thrown into a pot with Portland voters in a "winner take all scenario," or would you rather have separate Tigard City Council Minutes Page 4 Meeting of June 22, 2004 71 Portland and Tigard votes, requiring a majority in each, before annexation could move forward? Mr. Henschel concluded by saying both Bull Mountain and Tigard residents would embrace the concept of fairness. He asked the Council and Tigard citizens to reflect on his scenario and reminded them of the golden rule, which is not, "He who has the gold makes the rules," but is, "Do unto others as you'd want them to do unto you." ■ Dick Franzke, 14980 SW 133rd, Tigard, Oregon, read from a prepared statement regarding his concern over the city hiring a public relations firm to try to 'Iselin voters on annexation. A copy of Mr. Franzke's statement (Agenda Item No. 2, Exhibit 1) is on file in the City Recorder's office. ■ M. Edith Girouard, 16525 SW Queen Mary Ave., King City, Oregon, declined to speak. ■ Larry Gage, 15149 SW Cabernet Dr., Bull Mountain, unincorporated Washington County, Oregon, wanted to address his general concern over police protection should Bull Mountain be annexed. Mr. Gage remarked his Bull Mountain neighborhood was a very safe and pleasant community. He attributed this, in part, to the safety and protection provided by the Washington County Sheriff's Department. Mr. Gage explained he wondered if the shift in police service resulting from annexation would threaten the livability, peace and safety of his neighborhood. To evaluate Tigard's commitment to crime prevention and public safety, Mr. Gage cited 2002 FBI crime statistics, reporting Tigard had a higher per capita crime rate, for burglaries, auto theft and rape, than New York City. Mr. Gage stated these statistics were shocking and disturbing. With the annexation of the Bull Mountain area, and greater demands on the police department, Mr. Gage expressed concern that Tigard police would provide a reduced level of service to both Tigard and Bull Mountain residents. He added the Council should not assume Bull Mountain residents would find Tigard's level of police service acceptable. Mayor Dirksen announced there was a two-minute time limit on visitor's agenda comments and reminded the audience that comments related to the white papers would be heard during that agenda item. Tigard City Council Minutes Page 5 Meeting of )une 22, 2004 Holly Shumway, 14535 SW Woodhue, Bull Mountain, Oregon, informed the Council that public notice signs, related to the July 27 Bull Mountain annexation public hearing, were poorly placed and difficult to read. Ms. Shumway requested Tigard post Citizen Participation Organization (CPO) meetings on its web site. Mr. Shumway advised many of the land use issues addressed at these meetings would be of interest to Tigard residents, but the group was having difficulty attracting Tigard participants. Ms. Shumway noted the discussion of the white papers had been placed toward the end of the meeting and she would not be able to remain. She related she would have someone else present the Council with a resolution relating to this agenda topic. Councilor Moore asked if the CPO meetings were advertised on the Washington County web site. Ms. Shumway responded they were not. Councilor Moore explained if the information were available on the county web site, Tigard could create a link to the information. Ms. Shumway stated she would talk to the county and Mayor Dirksen said the city would look into the matter. ■ Kathleen Palmer, 14260 SW High Tor Dr., Tigard, Oregon, stated she had chosen to reside on Bull Mountain due to the areas peace, quite, country charm and proximity to Tigard and King City. Ms. Palmer indicated the area had lost its community character due to construction, narrow streets and homes being "crammed together." She said the area had appealed to her because it had a "small town feel" and an emphasis on community involvement. Ms. Palmer described the city's history of volunteerism and remarked she hoped the city recognized the contributions of volunteers. Mayor Dirksen advised a volunteer recognition event was scheduled for Friday evening. ■ Lisa Hamilton-Treick, 13565 SW Beef Bend Rd., unincorporated Bull Mountain, Oregon, asserted she has observed a pattern of Tigard trying to muffle the voice of citizen involvement. She added the city has attempted to negatively impact the legal rights of people who wish to be involved in all phases of planning their neighborhoods. She asserted placement of the white paper agenda item at the end of the agenda would diminish the public's opportunity to hear testimony and deliberation. Tigard City Council Minutes Page 6 Meeting of June 22, 2004 Ms. Hamilton-Treick expressed concern over the lack of television coverage and inadequate accommodations for the large crowd which attended the December 2 Council meeting. She hoped the upcoming July 27 meeting would not be orchestrated in such a way as to limit the voice of the people through vague scheduling and by placing key agenda items at the end of the meeting. Ms. Hamilton-Treick challenged the Council to be open-minded, fair and aboveboard in the planning and advertising of the public hearing. She asked the Council to be respectful of the need to accommodate citizens in their desire to have a voice in the future of their community. Ms. Hamilton-Treick related after extensive involvement and experience with the city, her impression Is the city views citizen involvement as a necessary nuisance. She asserted the city was more interested In spending time on LUBA appeals and lawsuits than responding to the voice of the people. Ms. Hamilton-Treick continued by saying the city was wasting precious time and resources by having staff and the public participate in meaningless "feel good" exercises designed to demonstrate the city is fulfilling the minimal requirements for citizen involvement. Ms. Hamilton-Treick pointed to the Tigard Beyond Tomorrow visioning process as an example. She informed the visioning process is a valuable tool and was the result of sincere citizen effort over many years, yet she asserted the work is of little value since it is not tied to the comprehensive plan. She noted the same was true for the white papers. Ms. Hamilton-Treick expressed concerns regarding the process for participating on the white paper subcommittees, asserting the methods to secure participants were vague, inadequately advertised and had unrealistic deadlines. She stated the CPO was to be involved in the white paper process, but the organization was not contacted. She recounted the November/December Cityscape contained inaccuracies related to citizen participation on the white papers and she relayed only a handful of people were actually involved. Ms. Hamilton-Treick concluded by asking why the white paper sign-up sheet for public comment required speakers to declare their position on the matter. 2. CONSENT AGENDA: Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt the Consent Agenda as follows: 3.1 Appoint Councilor Brian Moore to Vice-President of the Joint Water Commission Tigard City Council Minutes Page 7 Meeting of June 22, 2004 3.2 Endorse Metro Transportation Improvement Plan (MTIP) Application Package - Resolution No. 04 - 38 3.3 Approve Budget Amendment #21- Increase Funding for City Attorney Expenditures - Resolution No. 04 - 39 3.4 Approve Budget Amendment #23- Funding for Temporary Staff in City Management - Resolution No. 04 - 40 3.5 Adopt SEIU Contract 8t Authorize City Manager to Sign - Resolution No. 04 - 41 3.6 Appoint Downtown Task Force Members - Resolution No. 04 - 42 3.7 Amend Municipal Court Judge Michael O'Brien's Contract - Resolution No. 04 - 43 3.8 Approve the Washington County Inter-Library Information Network Agreement 3.9 Local Contract Review Board a. Award the Contract for Self-Check Machines for New Library to 3M The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes Mayor Dirksen recognized six Downtown Task Force appointees who were in attendance. 4. CONSIDER COUNCIL ACTION RELATED TO THE PORTLAND WATER CONTRACT a. Staff Report Public Works Director Koellermeier presented this item. He recounted the Council had requested a letter be sent to the City of Portland asking for a two-year extension to the water contract. Mr. Koellermeier relayed Portland had responded they were not interested in extending the current contract. The City of Portland proposed an amendment to the current contract, which according the letter, "effectively extends the contract, without preconditions, until July 2007 by waiving the three-year notice provision of the current contract." A copy of the letter and amendment (Agenda Item No. 4, Exhibits 1 and 2 respectively) are on file in the City Recorder's office. Tigard City Council Minutes Page 8 Meeting of June 22, 2004 Mr. Koellermeier explained the Council had three options: Take no action, which would allow the contract to roll over for another 25 years if Portland took similar action ■ Agree to sign the amendment which would eliminate the three-year notice in the current contract and would allow several years for both cities to continue to negotiate a new contract ■ Terminate the contract b. Council Discussion Councilor Sherwood informed she didn't want the city to end up with no water In three-years and she didn't want another 25 year contract, so she supported signing the amendment and negotiating a new contract. Councilor Wilson commented this option gave the city the greatest flexibility. Water rates are not specified in the contract, although the contract refers to a rate methodology. It was noted the City of Portland had requested a response by June 25, 2003. Mayor Dirksen suggested that signing the amendment to remove the three- year notice provision was the best way to obtain a new contract. C. Council Consideration: Motion by Councilor Sherwood directing staff to prepare a response to the City of Portland by June 25, 2004. City Attorney Firestone suggested the motion should also state the amendment is authorized by the Council and will be signed by the Mayor. Councilor Sherwood indicated the City Attorney's suggestion be added to her motion. Councilor Woodruff seconded the motion. Tigard City Council Minutes Page 9 Meeting of June 22, 2004 The motion was approved by unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes 5. UPDATE ON THE NEW LIBRARY Library Director Barnes gave a PowerPoint presentation on the timeline and transition to the new library. A copy of the presentation is on file in the City Recorder's office. Ms. Barnes relayed reserved items would be handled by Beaverton Library, commemorative bricks were in place and the new library's address would be 13500 SW Hall Blvd. 6. CONSIDER ST. VINCENT DE PAUL AFFORDABLE HOUSING GRANT a. Staff Report City Manager Monahan introduced this item. Mr. Monahan stated Fr. Seig had requested assistance, in the form of a grant, to offset the cost of building and planning fees associated with a new food storage and distribution center associated with St. Vincent DePaul and St. Anthony's Church. Funds were requested through the city's Affordable Housing Assistance Program. This program was established to fund affordable housing acquisition, development and rehabilitation. It was noted that although the food storage and distribution center serves the low income community, no low income housing units would be affected by the requested funds. The request does not meet the Affordable Housing Assistance Program guidelines established by the Council. b. Council Discussion Councilor Sherwood stated St. Vincent DePaul provided financial assistance to keep low income people from becoming homeless. The agency supports the homeless shelter and prepares food boxes. She stated she hoped the Council could figure out a way to provide assistance relating to the new food storage and distribution center. Interpretation of program guidelines and applicability and impact to the city's social service grant program were discussed. Tigard City Council Minutes Page 10 Meeting of June 22, 2004 Councilor Wilson expressed concern over making an exception to existing guidelines. He stated using funds for a grant which did not directly support affordable housing could mean a lost opportunity to fund projects that the money was intended to support. In response to an inquiry, Mr. Monahan commented it would be difficult to make an exception to the guidelines. He explained the program had been in place for two years and specific criteria had been established. He stated modifying the program, rather than making an exception, would be the appropriate course of action. He noted other organizations may not have applied for funding under this program based upon the stated guidelines. Mayor Dirksen explained the program was created so funds could be earmarked for affordable housing. If the program is changed, or an exception is made, this will set a precedent and the original goal of the program, to support the renovation or construction of affordable housing, may be lost. He inquired if there were any other sources of funding that could be used. In response to an inquiry, Finance Director Prosser remarked that in the past, the Council had approved a budget amendment In which social service grants were created or increased during the fiscal year. Mr. Prosser stated the Council could direct staff to prepare a budget amendment to add funds to the city's social service grants, drawing on the general fund contingency. Mr. Monahan commented such a budget amendment may set a precedent. He added St. Vincent DePaul had not submitted an application during the normal process of applying for social service ftmding. He remarked some agencies who had compiled with the process had not been fully funded and no funds were awarded to new applicants. Mr. Monahan suggested the Council could also consider the food storage and distribution center as a unique funding request, not tied to the social service budget. It was noted social service funds typically support ongoing projects as opposed to one-time requests. Councilor Moore proposed developing a policy to address one-time funding requests which are not a good fit for social service or affordable housing grant programs. Councilor Moore asked if staff could investigate the issue and Council could discuss staff's findings at an upcoming work session. He stated Tigard City Council Minutes Page 1 1 Meeting of June 22, 2004 he was not comfortable supporting the request under the existing circumstances. Councilor Woodruff acknowledged the good work and value that many organizations, including with St. Vincent DePaul, add to the community. He expressed concern about the impact of such requests on the budget. He explained should the Council fund the request, other organizations might seek the same consideration. Mayor Dirksen summarized the Council's comments regarding this specific request, saying the Council's answer to the funding request appeared to be "no." However, he suggested since the Council did not have a mechanism in place to address this type of funding request, it could justify a one-time exception. Mayor Dirksen noted there was support for the creation of a policy to address future funding requests which did not meet criteria established in other funding programs. Councilor Wilson said the creation of a new policy was worthy of discussion, but did not want that to be construed as a commitment of support. He expressed concern over the budget. C. Council Consideration Motion by Councilor Sherwood, seconded by Councilor Moore, to revisit this item, not as a housing item, but as a food and housing support issue and discuss a policy decision at a future meeting. Mayor Dirksen sought to clarify Councilor Sherwood's motion, stating the motion had two parts: ■ to consider this request specifically to consider a policy regarding this kind of request Councilor Moore interjected the policy should be established and in place before this request is revisited. Mayor Dirksen confirmed the motion was to bring the issue back to Council to consider a policy and to then address the specific request. Tigard City Council Minutes Page 12 Meeting of dune 22, 2004 The motion was approved by unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes Mr. Monahan replied staff would try to assemble information for the July 20 or August work session. He confirmed this would be a three step process: 1. Discussion of the policy at an upcoming work session 2. Consider approving the policy at a subsequent meeting 3. Reconsider this application and possibly other requests at a subsequent meeting, once the policy has been established Mr. Monahan mentioned the need to set aside funds should the policy be established. 7. PUBLIC HEARING - ADOPT SUPPLEMENTAL BUDGET FY 03-04, MAKE APPROPRIATIONS AND CREATE STREET MAINTENANCE FEE FUND a. Summation by Finance Staff Finance Director Prosser introduced this item. He indicated this budget amendment would wrap up the 2003-2004 fiscal year. Mr. Prosser described the highlights of the supplemental budget as detailed in the Agenda Item Summary. b. Mayor Dirksen opened the public hearing. C. Public Testimony There was no public testimony. d. Staff Recommendation Mr. Prosser recommended approval of the supplemental budget. e. Council Discussion There was no discussion. f. Mayor Dirksen closed the public hearing. Tigard City Council Minutes Page 13 Meeting of June 22, 2004 g. Council Consideration - Resolution No. 04 - 44 Motion by Councilor Woodruff, seconded by Councilor Sherwood, to adopt Resolution No. 04 - 44. Resolution 04 - 44, A RESOLUTION OF THE CITY OF TIGARD ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2003-04, MAKING APPROPRIATIONS AND CREATING A STREET MAINTENANCE FEE FUND The resolution was approved by unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes 8. PUBLIC HEARING - CONSIDER RESOLUTION FORMING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 (SW Murdock Street, 100' Avenue) a. Mayor Dirksen opened the public hearing. b. Summation by Engineering Staff Project Engineer Berry introduced this item. Mr. Berry gave a brief PowerPoint presentation on this sewer district. Mr. Berry relayed the main points of the sewer reimbursement district program. He noted nine property owners are expected to exceed the $15,000 reimbursement fee. If Council approves the formation of this district, a bid opening will be held on June 29. In response to an inquiry from Councilor Moore, Mr. Bent' advised that following the formation of the district, the city would proceed to the bid process. If acceptable bids were received, Mr. Bent' stated this item would come back to the Council on July 13 with a staff recommendation on whether to award the construction contract. i i C. Public Testimony ■ No one had signed the testimony sign-in sheet, but Mr. John Slaughter, 15055 SW 100"', Tigard, Oregon, indicated he would like to testify. Although not opposed to the sewer program, Mr. Slaughter stated the Tigard City Council Minutes Page 14 Meeting of June 22, 2004 current configuration was illegal as the district did not allocate costs to all properties within the district boundary. He indicated several lots could not be developed without sewer service. Mr. Slaughter pointed out his property on the PowerPoint map and alleged his portion of the cost was incorrect, as an easement had been included in the computations and, in addition, the actual calculations were in error. Mr. Slaughter stated he had discussed his concerns with Mr. Berry on several occasions. Once the district is formed, Mayor Dirksen stated there was a mechanism in place for Mr. Slaughter to contest his assessment. Mr. Berry indicated he would review Mr. Slaughter's assessment the following day. Mr. Berry added during the sewer reimbursement district process, there would be several opportunities to adjust Mr. Slaughter's assessment, should there be an error. Councilor Moore explained there would be another public hearing later in the process. With regard to areas that were not assessed within the district boundary, such as Peppertree, Mr. Berry explained a public line would be brought up to the subdivision boundary. Streets within this development are private and septic systems are only 10 years old. There was little neighborhood interest in converting to sewer and it is unlikely anyone would connect. Mr. Berry explained there would be no reimbursement. The other large parcel excluded from the district is a Christmas tree farm to the west. This property is not developed, is too low, and the developer would be required to construct their own sewer should development take place. Mr. Berry advised Mr. Slaughter had a long driveway which was not factored into his assessment. Councilor Moore asked if the areas excluded from the district would benefit from the proposed project. Mr. Berry explained the general rule is each development pays for improvements along its frontage. In this way, improvements are extended throughout the community. He remarked people in the proposed district benefited from the installation of sewers paid for by subdivisions in the surrounding area. Tigard City Council Minutes Page 15 Meeting of dune 22, 2004 Stating there may be a communication issue, Councilor Woodruff proposed that Mr. Berry, City Engineer Duenas and Mr. Slaughter meet to discuss Mr. Slaughter's concerns. City Manager Monahan advised the Council could move ahead with the formation of the district, with an expectation that a meeting would be arranged with Mr. Slaughter to reconcile his issues. The Council could also elect to delay action until Mr. Slaughter's concerns are addressed. Councilor Moore noted a delay in the formation of the district may have a detrimental effect on some property owners. Mr. Berry stated he was not aware of any people whose septic systems were in crisis. Councilor Moore affirmed Mr. Slaughter would have another opportunity to address the Council should his concerns not be resolved. Councilor Wilson informed he was satisfied with Mr. Berry's explanation regarding the exclusion of certain parcels. He noted the mathematical calculations remained an issue. City Attorney Firestone advised Mr. Slaughter's option to challenge the assessment would be triggered by the formation of the district. This action begins the time limit for appeal. He noted the Council could amend the resolution later if appropriate. He added a cursory review of the code indicated an appeal may not be with a local authority, such as the city. d. Mayor Dirksen closed the public hearing. e. Staff Recommendation Mr. Berry recommended approval of the resolution to establish Sanitary Sewer Reimbursement District No. 27. Mr. Monahan proposed the meeting with Mr. Slaughter be incorporated into the staff recommendation. Mr. Berry stated staff would be in contact with Mr. Slaughter on June 23, 2004. f. Council Discussion There was no further discussion. g. Council Consideration: Resolution No. 04 - 45 Tigard City Council Minutes Page 16 Meeting of June 22, 2004 Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt Resolution No. 04 - 45. Resolution 04 - 45, A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 (SW MURDOCK STREET; 98TH, 100TH AV.; DARMEL, MARILYN CT.) The resolution was approved by unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes 9. PUBLIC HEARING - CONSIDER RESOLUTION FINALIZING THE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 29 (SW Park Street, Derry Dell Court) a. Mayor Dirksen opened the public hearing. b. Summation by Engineering Staff Project Engineer Berry Introduced this item. Mr. Berry gave a brief PowerPoint presentation on this sewer district, but noted some of the PowerPoint slides listed the incorrect reimbursement district number. Mr. Berry provided a cost overview for this district. He noted of the 46 properties served by the district, 1 1 properties have exceeded the $15,000 reimbursement fee. C. Public Testimony ■ Harris Hansen, 10610 SW Derry Dell, Tigard, Oregon, expressed concern that the project cost was $200,000 more than the original projection. Mr. Hansen asked for an explanation of the substantial cost increase. Mr. Bert' responded the streets in the district were substandard. When excavation began, the sides of ditches caved in, the asphalt fell apart, and material not capable of supporting the sewer needed to be removed. Mr. Berry informed these were latent, subsurface conditions which could not have been anticipated in advance of the project. Tigard City Council Minutes Page 17 Meeting of June 22, 2004 In response to a comment from Mr. Hansen, Mayor Dirksen confirmed the increased cost of the project was not related to winter weather conditions. Mr. Berry stated the problems encountered would have occurred at any time of year. Mr. Berry explained the contractor ended up nearly rebuilding the entire street. Mr. Hansen suggested the Council needed to review the sewer reimbursement district procedures. He pointed out the city had a bid from the contractor and yet the project was $200,000 over the bid. H e asserted engineering staff should be familiar with the soil conditions and roads. Mr. Hansen complained that administration and engineering costs, based on the project cost, totaled $93,000. He remarked the potential for increased costs should be explained to property owners when the district is proposed. He added earlier communication regarding the district contained incorrect figures. Mr. Hansen said the city was not being honest with voters and taxpayers. Mr. Bent' stated the city could write contracts that would put the risk of subsurface conditions on the contractor and, in that way, the city would have a firm price for the project. However, the cost of such contracts would be greater, due to the assumption of risk, and in the long run property owners would end up paying more. Mr. Hansen commented when the estimated project cost is 40 percent off, there's a problem somewhere." d. Staff Recommendation Mr. Berry recommended approval of the resolution finalizing Sanitary Sewer Reimbursement District No. 29. e. Mayor Dirksen closed the public hearing. f. Council Discussion There was no discussion. g. Council Consideration: Resolution No. 04 - 46 Motion by Councilor Woodruff, seconded by Councilor Sherwood, to adopt Resolution No. 04 - 46. Tigard City Council Minutes Page ] 8 Meeting of June 22, 2004 Resolution 04-46, A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 29 (SW PARK STREET AND DERRY DELL COURT) The resolution was approved by unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes Council business meeting recessed at 9:24 p.m. Council study session reconvened at 9:31 p.m. 10. PUBLIC COMMENT - BULL MOUNTAIN ANNEXATION - SUBCOMMITTEE WHITE PAPERS Mayor Dirksen reminded speakers comments were limited to two minutes and must pertain to the white papers. a. Mayor Dirksen opened the public hearing. (See further comment under item "c." regarding the issue of a public hearing.) b. Summation by Community Development Staff Community Dgvelopment Director Hendryx provided an overview of this item. Mayor Dirksen stated he was pleased with the outcome and quality of the white paper process. He commended the subcommittees on their work. Councilor Wilson asked Mr. Hendryx to comment on the recruitment of people to serve on the subcommittees. Mr. Hendryx recounted there were press releases and interested parties were contacted in an attempt to solicit participants. He noted the Council had asked for participants at its December and January meetings, which were well attended. Mr. Hendryx stated he was not aware of anyone who was turned away. He added the Council even extended the deadline for participants to apply to serve on the subcommittees and noted it was sometimes difficult to find participants. Subcommittee members were representative of the community. Tigard City Council Minutes Page 19 Meeting of June 22, 2004 City Manager Monahan explained there was an application process associated with the subcommittees. The Mayor reviewed the applications. He reported In an attempt to balance subcommittee representation, some applicants may not have been selected to serve. He added some applications may have come In after the deadline. C. Public Comments Mayor Dirksen stated the public comment sign-in sheet has categories for proponents, opponents and neutral speakers. He advised this format is the one typically used by the city and was not specific to this agenda item. Mayor Dirksen noted the term "public hearing" has a legal connotation and this agenda item is not considered a public hearing, but an opportunity for public comment. Proponents ■ Francis McCole, 16625 SW Queen Mary, King City, Oregon, was not present. ■ M. Edith Girouard, 16525 SW Queen Mary, King City, Oregon, was not present. ■ Gretchen Buehner, 13249 SW 136`h Pi., Tigard, Oregon, stated she enjoyed the presentation on the white papers at a previous Council meeting. With regard to the Parks White Paper, she suggested there was property, associated with reservoirs, which could be used as a park site. She stated such land was already in public ownership and mentioned a site near 122nd next to the Morlssette development as an example. Opponents Tom Fergusson, 14850 SW 1411t ' Tigard, Oregon, read from a prepared statement (Agenda Item No. 10, Exhibit 1) which is on file in the City Recorder's office. ■ Tom Fergusson, 14850 SW 141'. Tigard, Oregon, noted Holly Shumway, who had signed up to testify, was unable to stay for the meeting. Ms. Shumway had requested Mr. Fergusson present the Council with a resolution (Agenda Item No. 10, Exhibit 2) from Citizen Participation Organization 4B. Mr. Fergusson read the resolution entitled, A Resolution Directing the Mayor and Council Members of the City of Tigard City Council Minutes Page 20 Meeting of June 22, 2004 Tigard to Oppose the Adoption of the Bull Mountain White Papers as Outlined. The resolution is on file in the City Recorder's office. ■ Kelly Sholes, 14595 SW 1441 Ave., Bull Mountain, Oregon, read from a prepared statement (Agenda Item No. 10, Exhibit 3) which is on file in the City Recorder's office. ■ Dick Franzke, 14980 SW 133rd, Tigard, Oregon, summarized a prepared statement (Agenda Item No. 10, Exhibit 4) which is on file in the City Recorder's office. At the close of his comments, Mr. Franzke asserted the white paper topic was very important and complained speakers should not have been limited to two minutes. ■ Ken Henschel, 14530 SW 1441 Ave., Bull Mountain, Oregon, thanked the Council for the television monitor In the lobby, which allowed the overflow crowd to watch the proceedings. Mr. Henschel echoed Mr. Franzke's complaint about the two-minute time limit for speakers. Mr. Henschel expressed disappointment the proposed resolution regarding the white papers stated the Council only "acknowledged" the white papers. He commented about section four of the resolution which stated, The City Council is not acting on any of the recommendations In the White Papers at this time. Any actions or decisions will occur in future decisions by the Council relating to the proposed annexation. The Council is not making any decision at this time. He noted many people were concerned the white papers would not be accepted as a real part of the annexation plan and the Council was not going to promise, in writing, to adhere to the white papers. He related the poorly worded resolution lends credence to such concerns. ■ Isador W. Morgavi, 15 145 SW 1191 Ave., Bull Mountain, Oregon, read from a prepared statement (Agenda Item No. 10, Exhibit 5) which is on file in the City Recorder's office. ■ Lary Gage, 15149 SW Cabernet, Tigard, Oregon, explained the white paper regarding police services focused on three components: cost, level and transition of services. Mr. Gage contended a far more important consideration was the quality and effectiveness of policing. Mr. Gage Tigard City Council Minutes Page 21 Meeting of )une 22, 2004 expressed his satisfaction with the current police service provided by the Washington County Sheriff's office. He asked, in the event of annexation, the City of Tigard to try and provide police services at the same level of quality, effective policing. ■ Mary Stobbe, 14795 SW 1441, read a prepared statement (Agenda Item No. 10, Exhibit 6) written by her husband, Bruce Stobbe. The statement is on file in the City Recorder's office. ■ Mary Stobbe, 14795 SW 144', read a prepared statement (Agenda Item No. 10, Exhibit 7) written by Allen Howard. Ms. Stobbe reported his address as 14796 SW 1441. It was later determined the statement was from Alan Howard, 14855 SW 14411 Tigard, Oregon. The handwritten statement is on file in the City Recorder's office. ■ Charles F. Radley, 15729 SW Colyer Way, Tigard, Oregon, addressed the Streets White Paper. Mr. Radley stated the white paper raised several unanswered questions: i . Transition period - Is there really enough time between December, 2004 and July, 2005 to bring county roads into compliance with the Urban Services Agreement? He had not seen a description of how many roads were affected and what improvements were needed. He inquired what would happen if the county failed to meet the deadline. 2. Street improvement costs totaling $19,380,000 - He noted this figure is likely to increase based upon new information that the county intends to turn over jurisdiction of Beef Bend Rd. to the annexing entity. He added if improvements to Beef Bend Rd. are similar to those done on Bull Mountain Rd., it could cost an additional $ 8 million. 3. Increased traffic volume on Highway 99W - Mr. Radley cited the white paper, saying improvements to Bull Mountain Rd. could result in greater traffic congestion on Highway 99W from Durham Rd. to Hall Blvd. He relayed there are no proposals on the table to relieve traffic issues on Highway 99W. Kathleen Palmer, 14260 SW High Tor, read from a prepared statement (Agenda Item No. 10, Exhibit 8) which is on file in the City Recorder's office. ■ Lisa Hamilton-Trieck,13565 SW Beef Bend Rd., unincorporated Bull Mountain, Oregon, opened by saying she took issue with earlier statements Tigard City Council Minutes Page 22 Meeting of June 22, 2004 made by Mr. Hendryx regarding the recruitment of subcommittee members. She stated she was aware of one person who was not permitted to serve because the allotted number of Bull Mountain participants had been reached on that particular subcommittee. Citing experience from the Visioning Task Force, she challenged the assertion that volunteers are difficult to find, adding people were eager to volunteer. Ms. Hamilton-Trieck described two main points regarding the Planning White Paper: 1. Tigard's comprehensive plan is outdated. Ms. Hamilton-Treick criticized the county's lack of planning and noted the county indicated it did not have the resources to plan the area. 2. The subcommittee's recommendation to pursue a public facility strategy to slow or stop development to allow time for the area to "catch up" is absolutely essential. She asserted the Bull Mountain area was "a mess" and residents deserved more than a "hodge-podge" community. Ms. Hamilton-Trelck expressed her support for subcommittee's recommendation that density transfers be prohibited. Citing the white paper, Ms. Hamilton-Treick stated she was surprised no effort had been made to estimate the cost of providing comprehensive planning services for unincorporated Bull Mountain. She also expressed surprise over the suggestion owners/developers of areas 63 and 64 be assessed a fee to pay for the comprehensive plan. She asked what would happen if they did not wish to sell their property in the near future. She noted despite contact with the city and the county, she had been unable to determine which jurisdiction had the authority to plan areas 63 and 64. Ms. Hamilton-Treick concluded by saying the white paper identified some g interesting points, but since the report was not anchored to the annexation plan, the plan remains deficient. Councilor Moore suggested Ms. Hamilton-Treick contact Metro regarding i the planning for areas 63 and 64. Ms. Hamilton-Treick stated she already had. Mayor Dirksen explained the city had announced it wanted to do the planning for these areas, but no decision had been made. Ms. Hamilton- Treick advised, in the meantime, builders and developers were making plans. Tigard City Council Minutes Page 23 Meeting of June 22, 2004 Neutral ■ Alice Ellis Gaut, 10947 SW Chateau Ln., stated she had reviewed the Parks and Planning White Papers. She characterized the consistent theme in both reports as "stop the bleeding" and "spend the money to get the work done." She noted both papers made suggestions regarding a public facilities strategy or other mechanism to halt development, which would retain potential parkland and allow time to get the comprehensive plan in order. She suggested subcommittee's recommendations should be taken to heart and applied across the board. She advised if Important work such as purchasing land, updating the comprehensive plan, revising the code, and conducting daily business could not be done quickly and concurrently, there wouldn't be anything left to plan for; there wouldn't be any parks. Ms. Ellis Gaut expressed concern over the costs associated with annexation, noting that based upon comments at this meeting, even more money would be needed. As a Tigard citizen, she stated she was troubled revenues needed for the annexed area may come from the City of Tigard. She mentioned the $4,000 spent on the public relations firm, commenting such funds could have been used to purchase parks or pay for staff. Ms. Ellis Gaut relayed the Planned Development Review Committee had not met in two months because staff was not available. She concluded by saying if projects such as updating the comprehensive plan and parks are a priority, then such projects need to be funded. Ellen Beilstein, 14630 SW 1391h Ave., Tigard, Oregon, stated she appreciated the opportunity to participate on the planning subcommittee. She said city staffand others on the subcommittee were open to exploring planning and development issues facing Bull Mountain. Ms. Beilstein addressed some issues related to the Parks and Streets White Papers. 1. Parks. Ms. Beilstein stated the white paper indicated SDCs collected would be used to fund Bull Mountain parks, but SDCs could not cover the cost of parkland. She asked how the city would address shortfalls in finding and the purchase of parkland. She asserted these questions should be addressed before proceeding with the annexation plan. 2. Streets. Ms. Beilstein said she was alarmed this white paper did not address capacity and the impact of continued development. She inquired where the $19 million in capital improvements would come Tigard City Council Minutes Page 24 Meeting of June 22, 2004 from. The white paper did not detail how the $19 million was established or what construction standards were used. She asked if the "green streets" standard, supported by Metro, had been or could be applied. She noted the addition of Beef Bend Rd. and asked how this would impact area residents and how the city would address this issue. Ms. Beilstein commented on her work on the planning subcommittee. She noted if the Bull Mountain area is not annexed, there would be no change in the development since the county has no plans to update the Bull Mountain Community Plan, written over 20 years ago. With annexation, the city would Include the Bull Mountain area in its process to update the comprehensive plan. However the comprehensive plan update, which could change the scope of development, would take at least three years to complete and could not get underway for a year. Therefore, with annexation, no change in the nature of the development on Bull Mountain would occur for at least four years. By that time, most land would already be developed in a manner unacceptable to many Bull Mountain residents. Ms. Beilstein asserted change needed to occur sooner before the remaining properties are over-developed as compared to existing neighborhood standards. She noted If Bull Mountain residents are to benefit from annexation, as the city professes, then the update to the comprehensive plan needs to be accelerated. She added if that could not be done, then she encouraged the city to pursue all other steps possible to slow development. Ms. Beilstein stated many questions remained unanswered and asked the Council to consider delaying their adoption of the white papers, as complete documents; until such questions could be explored and answered. Mayor Dirksen announced this concluded the public testimony. d. Staff Recommendation Mr. Hendryx recommended the Council adopt the resolution to acknowledge the white papers. e. Council Discussion Councilor Moore advised the white papers were not meant to be an extensive, detailed study. He noted he was hesitant to spend Tigard residents' money for a more in-depth study, when it was not clear annexation would occur. He Tigard City Council Minutes Page 25 Meeting of June 22, 2004 added the public comments were important and issues identified would be addressed if annexation actually took place. Councilor Sherwood referred to the December hearing and earlier meetings and talks where many questions had been raised. She explained she wanted to get answers to those questions and get an idea about "what some of this was going to look like, exactly, Instead of just random ideas out there." Councilor Sherwood thanked the subcommittee participants. Councilor Sherwood concurred with Councilor Moore. She did not want to expend City of Tigard dollars on something that was "not a done deal." Councilor Wilson affirmed the purpose of the white papers was to start filling in some of the blanks regarding what people's concerns actually were. With regard to the time limit placed on speakers, Councilor Wilson noted people have had many of opportunities to address the Council and, as a result of this contact, he knew many of the speakers personally. He told the audience, "we are listening." Councilor Wilson stated some valid issues had been raised regarding the timing and purpose for the public relations firm. With regard to comments about the incompleteness of the white papers, Councilor Woodruff relayed he did not expect the white papers to serve as a final plan. He thanked people for their input throughout the process. Councilor Woodruff recommended the July 27, 2004 meeting be devoted to consideration of the annexation plan. Mayor Dirksen explained the intent of the white papers was to identify issues and where the city should focus its energy. The white papers also explored the city's ability to provide services following annexation. In response to an earlier comment, Mayor Dirksen noted he was not uncomfortable with the annexation plan, which fuifiiled legal requirements. He stated the annexation plan addressed how annexation would take place in contrast to the white papers, which were intended to help address concerns and demonstrate whether the city was able to provide services. He relayed the white papers were a process of discovery and education. Mayor Dirksen stated the white paper subcommittees had accomplished their goal. The white papers will be studied further and will help the Council identify what it needs to do and what decisions and commitments should be made if annexation occurs. Mayer Dirksen stated he was pleased with the white papers. Tigard City Council Minutes Page 26 Meeting of June 22, 2004 Councilor Woodruff confirmed acceptance of the white papers was a distinct and separate issue from approving the annexation plan and putting the issue on the ballot. f. Council Consideration: Resolution No. 04 - 47 Motion by Councilor Woodruff, seconded by Councilor Sherwood, to adopt Resolution No. 04 - 47. Resolution 04 - 47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD ACKNOWLEDGING THE WHITE PAPERS RELATED TO THE PROVISION OF URBAN SERVICES IN THE BULL MOUNTAIN AREA Mayor Dirksen pointed out the terminology used in section 2 of the resolution which states, "The Council accepts the White Papers . . . as providing information that will assist the Council." The resolution was approved by unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes 11. EXECUTIVE SESSION: No executive session was held. 12. COUNCIL LIAISON REPORTS Councilor Sherwood reported no vote had been taken on the Regional Blue Ribbon Housing Task Force from Multnomah, Washington and Clackamas Counties. The issue of the acceptance of the report and findings was referred to a subcommittee for more work and the item is scheduled to come back for consideration in September. Councilor Sherwood said the task force was seeking recommendations. She indicated she would like to discuss the matter with the Council at an upcoming workshop meeting. It was agreed the item would be scheduled for the August workshop. Tigard City Council Minutes Page 27 Meeting of dune 22, 2004 13. NON-AGENDA ITEMS CONSIDER A RESOLUTION APPOINTING JANE MCGARVIN AS DEPUTY CITY RECORDER a. Staff Report City Manager Monahan provided the Council with background information on this item. b. Council Discussion There was no discussion. C. Council Consideration: Resolution No. 04 - 48 Motion by Councilor Sherwood, seconded by Councilor Wilson, to adopt Resolution No. 04 - 48. Resolution 04 - 48, A RESOLUTION OF THE TIGARD CITY COUNCIL APPOINTING JANE MCGARVIN AS DEPUTY CITY RECORDER The resolution was approved by unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Councilor Woodruff - Yes The meeting adjourned at 10:50 p.m. Greer A. Gaston, Deputy City Recorder Attest: Mayor, City of Tigard Date: cv ~ Tigard City Council Minutes Page 28 Meeting of June 22, 2004 MAYOR'S AGENDA b Cif 'FR_ u CITY OF TIGARD s x,4 NvG w , OREGON Pr 3 y y Tr PUBLIC NOTICE: and should be persons with impaired hearing Asslsdve Listening Devices are available for b Prior to the - Council meeting. scheduled for Council meetings a noon on 2410 (voice) o 503-6$4 2772 (TDD - 71, xt. .please call 6pe ic41 es for the Deaf). Telecommunications services: e nest, the City will also endeavor to arrange for the following im airrr~ents; Upon r q eech or heanng p • Qualified sign language interpreters for persons with sp and • Qualified bilingual interpreters' doled with outside service providers, it s Important , oa low Since these servicQs must be scheduled the City of your nee by as much lead-time as possible. Piease noifY the meeting date by tailing: rsday prece 03-6$4-2772 (TDD ' "'elecomrcjunications Devices ing d Thu503-639-4171. ext. 2410 (voice} or for the Deaf). SEE ATTACHED AGENDA page 1 COUNCIL AGENDA - JUNE 22, 2004 .y AGENDA TIGARD CITY COUNCIL MEETING June 22, 2004 6:30 PM • STUDY SESSION EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss exempt public records and pending litigation under ORS 192.660(2)(f)(h). 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(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Review of WCCLS Levy Results 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council a Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8i 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 Appoint Councilor Brian Moore to Vice-President of the Joint Water L Commission 3.2 Endorse Metro Transportation Improvement Plan (MTIP) Application Package: a . Resolution No. 04 - 38 Q 3.3 Approve Budget Amendment #21- Increase funding for City Attorney ? Expenditures: Resolution No. 04 - 39 a 3.4 Approve Budget Amendment #23- Funding for Temporary Staff in City Management: Resolution No. 04 - 40 i COUNCIL AGENDA - JUNE 22, 2004 page 2 3.5 Adopt SEIU Contract 8t Authorize City Manager to Sign: Resolution No. 04 - 41 3.6 Appoint Downtown Task force Members: Resolution No. 04 - 42 3.7 Amend Municipal Judge Michael O'Brien's Contract: Resolution No. 04 - 43 3.8 Approve the Washington County Inter-Library Information Network Agreement 3.9 Local Contract Review Board a. Award the Contract for Self-Check Machines for New Library to 3M s Consent Agenda - /tens Removed for Separate Dlscussion. Any Items requested to he removed from the Consent Agenda for separate discusslon w111 he considered Immedlately after the Council has voted on those Items which do not need discusslon. Note. Llsa Olson, Dan Murphy and Cathy Renken, Downtown Task Force appointees, have Indicated they w111 he present. Other appointees may also attend. The mayor may wish to recognize them and pass out Clty of Tlgard p/ns 7:50 PM 4. CONSIDER COUNCIL ACTION RELATED TO THE PORTLAND WATER CONTRACT a. Staff Report: Public Works Staff b. Council Discussion C. Council Consideration: Motion directing staff on how to proceed regarding the Portland Water Contract. 7:55 PM 5. UPDATE ON THE NEW LIBRARY Staff Report: Library Staff 8:00 PM 6. CONSIDER ST. VINCENT DE PAUL AFFORDABLE HOUSING GRANT a. Staff Report: Administration Staff b. Council Discussion C. Council Consideration: Motion directing staff on how to proceed COUNCIL AGENDA - JUNE 22, 2004 page 3 8:20 PM 7. PUBLIC HEARING - ADOPT SUPPLEMENTAL BUDGET FY 03-04, MAKE APPROPRIATIONS AND CREATE STREET MAINTENANCE FEE FUND. a. Open Public Hearing b. Summation by Finance Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g- Council Consideration: Resolution No. 04 - 44 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? Mayor (after discussion): All of those in favor of adopting Resolution No. please say "aye. " Councilors: Mayor: All of those opposed to adopting Resolution No. please say "nay." Councilors: Mayor: Resolution No. _(is adopted or fails) by a (unanimous, or however votes were split) vote. 8:25 PM 8. PUBLIC HEARING - CONSIDER RESOLUTION FORMING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 (SW Murdock Street, 1001 Avenue) a. Open Public Hearing b. Summation by Engineering Staff i c. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 04 - 45 COUNCIL AGENDA ]LINE 22, 2004 page 4 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? Mayor (after discussion): All of those in favor of adopting Resolution No. please say "aye. " Councilors: Mayor: All of those opposed to adopting Resolution No. please say "nay. " Councilors: Mayor: Resolution No. _(is adopted or fails) by a (unanimous, or however votes were split) vote. 8:35 PM 9. PUBLIC HEARING - CONSIDER RESOLUTION FINALIZING THE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 29 (SW Park Street, Derry Dell Court) a. Open Public Hearing b. Summation by Engineering Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 04 - 46 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 Resohdion. City Recorder: (Reads as requested.) Mayor: Is there any discussion? COUNCIL AGENDA - JUNE 22, 2004 page 5 Mayor (after discussion): All of those in favor of adopting Resolution No. please say "aye. " Councilors: Mayor: All of those opposed to adopting Resolution No.-----., please say "nay. " Councilors: Mayor: Resolution No. ,(is adopted or fails) by a (unanimous, or however votes were split) vote. 8:45 PM 10. PUBLIC COMMENT - BULL MOUNTAIN ANNEXATION - SUBCOMMITTEE WHITE PAPERS a. Open Public Hearing b. Summation by Community Development Staff C. Public Comments d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 04 - 47 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: iysayor: All o; those opposed to adopting Resolution No. , please say "nay. " Councilors: Mayor: Resolution No. _(is adopted or fails) by a (unanimous, or however votes were split) vote. COUNCIL AGENDA - JUNE 22, 2004 page 6 9:50 PM 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss exempt public records under ORS 192.660(2)(f). 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(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of takkng any final action or making any final decision. Executive Sessions are closed to the public. 10:00 PM 12. COUNCIL LIAISON REPORTS 10:10 PM 13. NON-AGENDA ITEMS a. Appoint Jane McGarvin as Deputy City Recorder 10:20 PM 14. ADJOURNMENT 1:1ADMXCATHYICCA\2004\040622). D OC COUNCIL AGENDA - JUNE 22, 2004 page 7 e AGENDA TIGARD CITY COUNCIL BUSINESS MEETING - STUDY SESSION June 22, 2004 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon The Study Session tc 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 Ha//. 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss exempt public records and pending litigation under ORS 192.660(2)(f)(h). 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(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • STUDY SESSION > Review of WCCLS Levy Results > Administrative Items a. Review Street Maintenance Fee Billing Memo b. Volunteer Appreciation Friday, June 25 C. Calendar Review • June 23 - Potential Council Meeting - 6:30 p.m. • June 24- Potential Council Meeting - 6:30 p.m. • July s - City Hall Closed to observe 41" of July holiday • July 8 - Ethics Training - 7 p.m. • July 13 - C Ity Council Meeting - Business Meeting • July 20 - City Council Meeting - Workshop • July 27 - City Council Meeting - Business Meeting d. SEiU/OPEU Ratified Contract > Non Agenda Item a. Appoint Jane McGarvin as Deputy City Recorder •,,,Yy„r a !i~z 5 t 4it ,~kt `•5"r i +p > ,fit ➢ 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 c%sedto certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded In this instance.) 192.660(2) (e) - Real property transaction negotiations. 192.660 (2) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specillcaliy identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. s 192.660 (2) (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 (2) - Public investments - to cant' on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. L%s*ft ~ ehM • SU* saXWW SO&WO NW0525AM r r y~ ask' ti~ MEMORANDUM TO: Bill Monahan, City Manager FROM: Tom Imdieke, Financial Operations Manag RE: Street Maintenance Fee Billing DATE: June 22, 2004 During the preparation for the most recent billing group (Industrial area near Hwy 217 and south of Hwy 99; as well as the residential area north of Hwy 99, east of Walnut to Scholls Ferry) staff inadvertently keyed in the wrong billing period end date. This error resulted in the Street Maintenance Fee being calculated incorrectly. Overall, this billing group represents 1,795 accounts. Of this, 1,575 accounts are either residential or multi-family. In the majority of these cases, this resulted in residential customers being charged an additional $1.64 for this two month billing period. The remainder of the accounts are commercial. Staff has completed researching all accounts and has determined the amount each account was incorrectly billed for the fee. Because commercial accounts are billed differently from residential accounts and are based upon the number of parking spaces for each of the business locations, the amount incorrectly billed varies with each a-_count. For example, one commercial account was billed $22.94 greater than what the fee should have been. Another account was billed $15.29 greater. On the whole, however, the total amount estimated for the over billing between commercial and residential was calculated to be $5,561, with commercial being $3,009. Since the billing incident occurred, staff has received approximately 50 plus inquiries from both residential and commercial customers combined. The majority of the inquiries were from residential customers. Bills for this group will be generated again on August 4, 2004. At that time, credits will be issued for the amount over billed for the fee. In fact, the credit is actually being applied as it is calculated for each account. Therefore, if a customer calls with an inquiry, staff is giving the corrected amount for the customer to pay. For those customers that do not become aware of the misbili, the credit will be reflected on their next billing statement. Staff intends to include an explanatory note with the next statement, explaining what happened and that a credit has already been issued to correct the error. AGENDA ITEM # J~uc~~~~ss~or) FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Review of the May 2004 WCCLS Levy PREPARED BY: Margaret Barnes DEPT HEAD O CITY MGR OK ISSUE BEFORE THE COUNCIL Review of the impacts of the failure of the WCCLS Operational Levy and discussion of potential WCCLS future operational levies. STAFF RECOMMENDATION Provide direction to staff regarding Tigard's position concerning a future WCCLS Levy. INFORMATION SUMMARY Since the May 2004 WCCLS Operational Levy failed because of less than a 50% voter turnout in Washington County, there currently are discussions being held to explore the option for a similar levy to be placed on the November 2, 2004 ballot. At the June 2, Cooperative Library Advisory Board (CLAB) meeting, board members were asked to poll their local jurisdictions with the following questions. 1. Will your library/jurisdiction support a November 2004 WCCLS levy request? 2. If your answer to #1 is No, but a majority of other CLAB members say Yes, would you go along with the will of the group? (Not just remain neutral, but actively do your part to support the levy.? 3. If the recommendation is to forego a November 2004 levy and wait until November 2006, how would that effect the short-term and long-term decisions that your library/jurisdiction might make? The CLAB Board, at their July 7 meeting, will make a decision whether to recommend or not recommend to the County Board of Commissioners the placement of a WCCLS Operational Levy on the November 2004 ballot. The attached memo provides additional background information. Staff will be prepared to answer questions. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None. ATTACHMENT LIST Memo. FISCAL NOTES None. CITY OF TIGARD MEMORANDUM CITY OF TIGARD To: Tigard City Council Fr: Margaret Barnes, Library Director f xAe ~ Re: Potential November 2004 WCCLS Operation Levy Date: June 10, 2004 C: Bill Monahan, City Manager With the failure of the May 2004 WCCLS Operational Levy discussions are currently being held to explore the viability for a similar levy to be placed on the November 2, 2004 ballot. At the June 2, Cooperative Library Advisory Board (CLAB) meeting board members were asked for their opinion regarding the placement of a similar levy on the November ballot. The responses are listed below: Banks: Mixed support-may have a local public safety levy Beaverton: Not sure? Cornelius: Supports a November levy-is also looking at a local option levy Cedar Mill: Wait unless firm commitment by all jurisdictions to support levy Forest Grove: Yes-may also be looking at a local option levy if there is no WCCLS levy Garden Home: Supports November Levy Hillsboro: Wait-Don't go this November (Hillsboro will have a $22 million bond for library construction on the November ballot) Sherwood: Neutral at best Tualatin: Does not support November ballot-concern about TVF&R & public safety measures that will be on the ballot Tigard: Not sure West Slope: Yes-supports a November levy In addition to the poll conducted at the CLAB meeting board members were asked to pose the arollowing questions to their local jurisdiction: 1. Will your library/jurisdiction support a November 2004 WCCLS levy request? 2. If you answer to #1 is No, but a majority of other CLAB members say Yes, would you go along with the will of the group? (Not just remain neutral, but actively do your part to support the levy? 3. If the recommendation is to forego a November 2004 levy and wait until November 2006, how would that effect the short-term decisions that your library/jurisdiction might make? Other measures likely to be on the November 2004 ballot that will have tax ramifications include: • TVF&R Measure • Washington County Public Safety Measure • Renewal of an operation levy for Tigard-Tualatin School District • Bull Mt. Annexation At the May 27 Library Director's meeting which all Director's from WCCLS member libraries attend the following schedule information was shared: 5-6 Libraries (Including Hillsboro & likely Beaverton) will have no reduction in open hours to the public even with the failure of the May operational levy. The CLAB Board, at their July 7 meeting, will make a decision whether to recommend or not recommend to the County Board of Commissioners, the placement of a WCCLS Operational Levy on the November 2004 ballot. L F Q J J AGENDA ITEM NO. VISITOR'S AGENDA DATE : June 22, 2004 (Testimony limited to 2 minutes or less.) B~3 The Visitor's Agenda gives citizens the opportunity to address the Tigard City Council on any topic or issue. w If you are interested in testifying on a "public hearing" item scheduled for tonight's meeting, please sign the public hearing testimony sign-up sheet for that item. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED Ye5V\(Y\wZx- 1-k c,_k o cc - r~ Gov A /7 / YS 3D 5~ ! Lt L( V(4 vt u ~S FD Sbi 13-3 i VISITOR'S AGENDA Page 1 AGENDA ITEM NO. 2,- - VISITOR'S AGENDA DATE : June 22, 2004 (Testimony limited to 2 minutes or less.) e'a The Visitor's Agenda gives citizens the opportunity to address the Tigard City Council on any topic or issue. B~3 If you are interested in testifying on a "public hearing" item scheduled for tonight's meeting, please sign the public hearing testimony sign-up sheet for that item. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED 1 377tty s w c3 E-~,~Er /Z 3-'03 f-~U~l S`L(JrYU-c~4~ ~ 1 S 3 Su) rrnzAJ orZ ¢l~.-ems P~-~~ / a leo 5 u/ 41 6 r-l -t'b R- D ~ C~ R r7 97a-7- 51 r i is i ..VISITOR'S AGENDA Page 2 503-294-9402 C 887 P01i02 JLH 22 '04 16:18 Entered into the Record on (o-22 By kteha.rrl A. Fran%kL VISITOR'S 2-MINUTE AGENDA Agenda Item # _2~ Exhibit # JUNE 22, 2004 I read in the paper that the City is spending about $4,000 to hire a public relations team to help the City "sell" the Bull Mountain Annexation Plan to the voters.. The timing of this action is perplexing. Why would the City'hire a PR:firm now, before it has been decided whether to put annexation before the voters, unless, of course, you have already decided to put the measure on the November ballot, in which case the July 27, 2004 hearing, is really a deceptive charade? I'll appreciate your explanation. Second, the PR expenditure is touted as a "public education effort" to "ensure the residents have the facts they need to mare an informed decision." Sounds fine and very noble. ' But iffie specific "Communication Goal" :is stated in the proposal as "Provide residents * * ' with information about benefits of annexation." M only the E4benefits"? Why not a balanced approach, pros and cons? After all, this is supposed to be "educational" and is intended to provide the voters with facts they need to "make an informed decision." How can citizens be expected to make an "informed decision" if you only give them facts on one side of the issue? I'll appreciate your response to this question also. One last question. The PR firm's proposal included "Message Training" to be given to City representatives who will speak to the public and the media. According to the proposal, this is supposed to show them how to "deliver messages uowerfully and credibly." I'm skeptical about cry, illt being taught b PR people. How about you? Will the "message training" classes be open to the public? I need to know. Watching this process should be very interesting. Thank you, Richard A. Franzke 14980 SW 133rd Avenue Tigard, OR 97224 503-639-7235 PWW3.1484932.1 0099999-00001 2 AGENDA ITEM # 3 . FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appointment of Brian Moore as Tigard's Vice Chair of the Joint Water Commission_ PREPARED BY: Bill Monahan DEPT HEAD OK Izil- CITY MGR OK 414-~_ ISSUE BEFORE THE COUNCIL Should the City Council appoint Councilor Brian Moore as Tigard's Vice Chair of the Joint Water Commission? STAFF RECOMMENDATION Staff recommends that the City council appoint Councilor Brian Moore, Tigard's and the Intergovernmental Water Board's primary representative to the Joint Water Commission, as its Vice Chairman of the Joint Water Commission. INFORMATION SUMMARY Tigard recently became a member of the Joint Water Commission. The Commission has the following members: Hillsboro, Beaverton, Forest Grove, Tualatin Valley Water District, and Tigard. The presiding officer at business meetings is the Chair. Each of the jurisdictions is allowed to appoint a Vice Chair to act in place of the Chair if the need arises. As the newest member of the Commission, Tigard has not officially designated a Vice Chair. Councilor Brian Moore has been designated as Tigard's primary representative to the Commission, backed by Councilor Richard Winn of King City (a member of the Intergovernmental Water Board) and City Manager Bill Monahan. It is appropriate to designate Councilor Moore as Vice Chairman and report the appointment to the Joint Water Commission at its next meeting in July. OTHER ALTERNATIVES CONSIDERED Appoint either King City Councilor Winn or City Manager Monahan. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST None. FISCAL NOTES There is no financial impact created by this action. AGENDA ITEM # 5, 7 FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolution endorsing priority projects for the 06-09 Metro Transportation Improvement Program (MTIP) application and authorizing the City of Tigard to apply for funds. PREPARED BY: Julia Haiduk `vn DEPT HEAD OK &Y MGR OK ISSUE BEFORE THE COUNCIL 1.) Should the Council endorse the identified projects for MTIP application? 2.) Should the Council authorize the City to submit applications for the identified projects? STAFF RECOMMENDATION Adopt the resolution which will both endorse the projects and authorize the City to submit applications for the 06- 09 MTIP program. INFORMATION SUMMARY Approximately $41 million are available for transportation from federally authorized funds. The funds will be allocated in the Metro area through the Transportation Priorities 06-09 program (also known as MTIP - Metro Transportation Improvement Program). Metro has solicited projects for consideration and applications are due June 30th. The funding for projects through this allocation would be available fiscal year 2008-09. After reviewing the MTIP criteria, potential project costs and the project need, the Engineering, Community Development and Public Works Departments recommended submittal of the four MTIP projects, which are summarized in Exhibit A (attached), to the City Council at their 5/25 meeting. As part of the project review and funding process, a resolution of endorsement from the governing body sponsoring the project is needed. The resolution of endorsement, if approved, would be submitted to Metro as part of the application packet. In addition, because the project match requirements exceed $25,000, the City Council must also approve the application for the funds. OTHER ALTERNATIVES CONSIDERED a Suggest revisions to the proposed projects. a Do not adopt the resolution - this would result in the City not applying for the available funds. a VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY a Transportation and Traffic, Goal 1 - strategy 2 - "Encourage through traffic on major and minor arterials" Transportation and Traffic Goal 3 - strategy 2 - "Encourage uses of alternate modes", and strategy 3 "Encourage development of alternate modes" - 0 Urban and public services, parks and greenways, Goal 2 - "Open space and greenways areas are preserved and protected" ATTACHMENT LIST Attachment 1 - Draft Resolution Exhibit A - Summary of Projects FISCAL NOTES If approved, the grant funds for all projects would bring $4,052,757 to the City budget and the City would match $3,046,242. 7 i i AGENDA ITEM # 3 FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A RESOLUTION APPROVING BUDGET AMENDMENT #21 TO THE FY 2003-04 BUDGET TO INCREASE APPROPRIATIONS FOR FUNDING OF CITY ATTORNEY EXPENDITURES. PREPARED BY: Michelle Wareing DEPT HEAD OK_ CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council approve Budget Amendment #21 to the FY 2003-04 City Attorney budget to cover the additional costs associated with union contract negotiations and unanticipated labor and litigation issues? STAFF RECOMMENDATION Approve Budget Amendment #21 to the FY 2003-04 City Attorney budget. INFORMATION SUMMARY This amendment to the City Attorney budget is necessary due to union contract negotiations and unanticipated labor and land use appeal issues. Council has been briefed on these issues at previous Executive Sessions. Staff is recommending that the amendment be for $100,000. This amount is more than what is anticipated to actually be spent, but due to the many unknowns regarding union contract negotiations, LUBA (Land Use Board of Appeals) filings, and Bull Mountain Annexation special sessions in June, it is necessary. OTHER ALTERNATIVES CONSIDERED None considered, insufficient appropriations available VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Resolution with Exhibit A Memo from Michelle Wareing to Craig Prosser FISCAL NOTES This amendment transfers $100,000 from the Central Services Fund Contingency to the City Attorney budget AGENDA ITEM # 3 • `f FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A RESOLUTION APPROVING BUDGET AMENDMENT #23 TO THE FY 2003-04 BUDGET TO INCREASE APPROPRIATIONS FOR FUNDING OF TEMPORARY STAFF IN THE CITY MANAGEMENT DIVISION BUDGET. PREPARED BY: Michelle Wareing DEPT HEAD OK CITY MGR OK _V44--- ISSUE BEFORE THE COUNCIL Should the City Council approve Budget Amendment #23 to the FY 2003-04 City Management budget for funding of temporary staff? STAFF RECOMMENDATION Approve Budget Amendment #23 to the FY 2003-04 City Management budget. INFORMATION SUMMARY This amendment to the City Management budget is necessary due to the unanticipated leave of a staff member. This staff member will need to be replaced with temporary staffing until the leave has ended. There will be no salary savings as the staff member on leave will be using accrued paid time. The amendment amount will cover the cost of two temporary, full-time positions for the month of June. OTHER ALTERNATIVES CONSIDERED None considered, insufficient appropriations available VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Resolution with Exhibit A FISCAL NOTES This amendment transfers $6,739 from the Central Services Fund Contingency to the City Management budget. AGENDA ITEM # 3- FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Adoption of new collective bargaining agreement between City of Tigard and SEW Local 503/OPEU and authorization for Ci Manager to sign PREPARED BY: Sand Zodrow HR Directo HEAD OK CITY MGR OK _ 1AA ISSUE BEFORE THE COUNCIL Should the Council approve a new collective bargaining agreement between the City of Tigard and SEIU Local 503/OPEU for the period of July 1, 2004 to June 30, 2007 STAFF RECOMMENDATION Adopt the attached Resolution adopting a new collective bargaining agreement with SEW Local 503/OPEU and authorizing the City Manager to sign the agreement INFORMATION SUMMARY The terns of this agreement with SEIU/OPEU and the City of Tigard were reviewed with your Council at its Executive Session of June 8, 2004. The current collective bargaining agreement will expire June 30, 2004. Major economic highlights of this new agreement include a three (3) year contract expiring in June of 2007; a 2.2% increase to the salary schedule effective October 1, 2004; and increases to the salary schedule effective October 1, 2005 and October 1, 2 006 b ased on t he CPI-W, W est Index (annual average) m inimum 2 % maximum 4 % (a reduction from the current 2.5% to 5% formula). The City will establish a VEBA (Voluntary Employee Beneficiary Account) and contribute $600 per year to it ($50/month). The current health insurance plan Blue Cross VA/PPP ($100/$300 deductible) will change to Blue Cross plan VC/PPP ($300/$900 deductible) effective August 1, 2004. Scheduling language as it relates to holidays sought by the Libiary Department will be implemented effective July 1, 2004. Salary range adjustments of 2.5% for 3 job classifications (Urban Forrester, 'Hater Quality Program Coordinator, Permit Specialist) will be implemented in July 1, 2005. A salary range adjustment for Code Compliance Specialist of 5% will be implemented July 1, 2004. These salary range adjustments will effect six (6) employees in the unit. The City obtained a few other language improvements to operaticnal efficiency as the result of the negotiations. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable ATTACHMENT LIST None FISCAL NOTES A budget amendment will be submitted by the Finance Department in July to implement this contract AGENDA ITEM # 3, ~P FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appoint Downtown Task Force members PREPARED BY: Susan Koepping DEPT HEAD OK Y MGR OK LtA4 - ISSUE BEFORE THE COUNCIL The appointment of additional Downtown Task Force members. STAFF RECOMMENDATION Adopt the attached resolution approving the recommended appointments. INFORMATION SUMMARY March 9, 2004, the City Council authorized the appointment of twelve additional members to the Downtown Task Force to double the size of the existing task force. The enlarged task force will build on the work done in the past 18 months, using that information to draft a downtown redevelopment plan. Four new members were appointed on April 13. Two more were appointed on May 11. Appointment of the eight individuals named in the attached resolution will complete the expansion of the Task Force. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATF~GY Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST Resoluticn Biographical information on appointees FISCAL NOTES None Biographical information on the Downtown Task Force appointees. June 2004 Heather Guevara resides on the west side of Tigard, and has lived in this area for about two years. She is currently a student at a local university, works for a Washington County municipality and is actively involved in her church. Susan Morelli lives in the urban service area beyond the Tigard city limits. She has lived in the area for six years. Susan has a bachelor's degree from the University of South Carolina. She volunteers in the local schools and indicates she is a "household manager". Dan Murphy lives near Tigard High School and has been a Tigard resident for eleven years. He is general manager of a local non-profit theatre company, and an active volunteer in Tigard elementary and middle schools, the Chamber of Commerce and Rotary. Lisa Olson is also a resident of the urban service area outside the Tigard city limits. She has lived in this area for over 20 years. The owner of a local marketing business, Lisa is a graduate of Portland State University. She is participates actively in a variety of community organizations and school activities. Nicole Palmateer lives in the center of Tigard, and has been a Tigard resident for about 1.5 years. A graduate of George Fox University and Willamette University, Nicole is the Executive Director of a state-wide non-profit organization. She serves as a resource and volunteer for a variety of organizations. Yudhi Patel resides on the western edge of Tigard and has lived in the community for eight years. He holds an MBA from UCLA and works for a local high tech firm. He coordinates the India Festival, and enjoys tennis and outdoor activities with his family. Catherine Renken lives in the unincorporated area of Bull Mountain and has lived in the metropolitan area for seventeen years. Cathy has a Masters degree in nursing, and has been very active in a variety of services related to children who have special health needs and their families. She has also been an elected official and is an active community volunteer. John Wilson lives in central Tigard, and has lived in Tigard for over twenty years. A graduate of Tigard public schools, John went on to get a Bachelors degree at George Fox University. He is employed as an quality assurance engineer for a large Oregon company. He is also an active community volunteer as a coach and reading tutor. AGENDA ITEM # 3 7 FOR AGENDA OF 06/22/04 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amendment to Municipal Court Judge's Personal Services Agreement PREPARED BY: Nadine Robinson Ak- DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Amendment of the Municipal Court Judge's personal services agreement. The amendment will increase compensation based on the increase in hours the Judge is working. STAFF RECOMMENDATION Approve amendment to Municipal Court Judge's personal services agreement. INFORMATION SUMMARY On July 1, 2003 the City entered into a two year personal services agreement with Michael J. O'Brien for services as Municipal Court Judge. The agreement requires review of compensation at the end of the 2003-2004 fiscal year and allows for appropriate adjustment of compensation. At the time the agreement was entered into it was projected the Judge would work approximately 412 hours during the 2003-2004 fiscal year. As mentioned in the annual court report, the number of cases processed in 2003 was at an all time high, the number of people pleading not guilty to cases had increased, and as a result the Judge's work hours increased approximately 20 percent (for which he received no additional compensation.) The proposed amendment continues the projected hourly rate of $75.00. However, the number of hours the Judge will work is being projected at 500 hours based on current history. With approval of the amendment to the agreement, Judge O'Brien will be compensated $37,500 per year to preside over arraignments, trials and hearings, write orders, review and update municipal court rules and procedures, provide an annual court report and conduct research. OTHER ALTERNATIVES CONSIDERED Do not increase the Judge's compensation. This would require a reduction in caseload and court hours. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Resolution with attached Personal Services Agreement A iendment Personal Services Agreement for 07/01/03 - 06/30/05 FISCAL NOTES Sufficient funds have been allocated in the 2004-2005 budget. C CITY OF TIGARD, OREGON PERSONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1 st day of July, 2003 by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and Michael J. O'Brien, hereinafter called MUNICIPAL COURT JUDGE. RECITALS City has need for services, as defined in Tigard Municipal Code 2.16, of an individual with particular training, ability, knowledge, and experience, and City has determined that Municipal Court Judge is qualified and capable of performing the professional services as City does hereinafter require, under those terms and conditions set forth: Therefore, the parties agree as follows: SCOPE OF WORK Municipal Court Judge agrees to provide the following services: • Preside over arraignments, trials, and hearings for the following case types: civil infractions, criminal cases, juvenile violations, traffic violations, and parking citations; • Oversee the Municipal Courtjudicial function; Update court orders and rules as needed; • Provide an annual report to City Council; • Research and additional projects as agreed to by the Municipal Court Judge and Administrative Services Manager. EFFECTIVE DATE AND DURATION L This Agreement shall become effective upon the I' day of July, 2003 and shall expire, unless otherwise terminated or extended, on the 30th of June, 2005. Compensation will be reviewed at the end of the 2003-2004 fiscal year to determine w what adjustment is appropriate. If the court's caseload increases significantly, and results in a substantial increase in the Municipal C'oArt Judge's hours, both parties agree to negotiate an appropriate adjustment in Municipal Court Judge's rate of compensation. Q Ll COMPENSATION J ) City agrees to pay Municipal Court Judge an amount not to exceed thirty thousand nine hundred dollars ($30,900.00 annually for performance of those services described in this Agreement. Payment will be made in 26 bi-weekly installments based on Municipal Court Judge's invoice, subject to the approval of the Administrative Services Manager. Contact Information All notices, bills, and payments shall be made in writing and may be given by personal delivery, mail, or fax. Payments may be delivered by personal delivery, mail, or electronic transfer. The following addresses and contacts shall be used to transmit notices, bills, payments, arad other information: Contact.Manager for City: Municipal Court Judge: City of Tigard Company: Michael J. O'Brien Attn: Nadine Robinson, Administrative Services Manager Address: PO Box 711 13125 SW Hall Blvd., Tigard, Oregon 97223 City, State Zip Code: Forest Grove, OR 97116 Phone: 503-639-4171 ext. 2481 Phone: 503-357-0144 Fax: 503-684-7297 Fax: 503-359-4539 Email Address: nadine@ci.tigard.or.us Email Address: rune(@,,easystreet.com MUNICIPAL COURT JUDGE AS INDEPENDENT CONTRACTOR Municipal Court Judge acknowledges that for all purposes related to this Agreement, Municipal Court Judge is and shall be deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Municipal Court Judge is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Municipal Court Judge under the terms of this Agreement, to the full extent of any benefits or other remuneration Municipal Court Judge receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Municipal Court Judge or to a third party) as a result of said finding. Municipal Court Judge acknowledges that for all purposes related to this Agreement, Municipal Court Judge is not an employee of the City as those terms are used in ORS 30.265. PROFESSIONAL SERVICES The CITY requires that services provided pursuant to this agreement shall be provided to the City by a service provider which does not represent clients on matters contrary to City interests. Further, Municipal Court Judge shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests. Should the Municipal Court Judge represent clients on matters contrary to City interests or engage the services on an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Municipal Court Judge shall consult with the appropriate City representative regarding the conflict. After such consultation, the Municipal Court Judge shall have 30 days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to the termination clause in this agreement. INDEMNIFICATION City has relied upon the professional ability and training of Municipal Court Judge as a material inducement to enter into this Agreement. Municipal Court Judge warrants that all work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a Municipal Court Judge's work by City shall not operate as a waiver or release. City will defend and indemnify Municipal Court Judge for all actions taken while Municipal Court Judge is performing within the scope and responsibilities of the municipal courtjudge as provided in this agreement to the extent of the City's obligation pursuant to the Oregon Revised Statutes. TERMINATION a The parties agree that any decision by either party to terminate this Agreement before the 30th of June, 2005 shall be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pay Municipal Court Judge for services rendered prorated to the date of termination. AGREEMENT MODIFICATIONS Modifications to this Agreement are valid only if made in writing and signed by all parties. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of any and all work products of Municipal Court Judge which result from this Agreement, including any correspondence or pertinent data and information gathered by or computed by Municipal Court Judge prior to termination of this Agreement by Municipal Court Judge or upon completion of the work pursuant to this Agreement. GovERNING LAw Municipal Court Judge shall comply with all applicable federal, state and local laws; and rules and regulations on non- discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition or disability. The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. All provisions required by ORS Chapter 279 to be included in a contract of this type are incorporated into this Agreement as though fully set forth herein. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. COMPLETE AGREEMENT This Agreement constitutes the entire Agreement between the parties. No waiver, consent, modification, onchange of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it and agrees to be bound by its terms and conditions. INT WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Municipal Court Judge has executed this Agreement on the date hereinabove first written. CITY OF TIGARD MUNICIPAL COURT JU GE t VVW t By: Authorized City staff By: Service Provider Z, S Zc,~ ~c,e ~.3 at Date MIN AGENDA ITEM # 3, $ FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Washin on Count Inter-Libr Information Network Agreement PREPARED BY: Margaret Barnes DEPT HEAD OK Y CITY MGR OK ISSUE BEFORE THE COUNCIL Washington County has issued a new Washington County Inter-Library Information Network Agreement. STAFF RECOMMENDATION Approve the Washington County Inter-Library Information Network (WILInet) Agreement. INFORMATION SUMMARY The new WILInet Agreement is through June 30, 2009. This agreement covers the use and operation of the WILInet automated integrated library system including WILI (the public online catalog), internet resources and central site hardware countywide. This agreement shall be in effect from July 1, 2004, through June 30, 2009, except as otherwise provided in Section 14 of this Agreement. It is the intent of the parties that this Agreement become effective on July 1, 2004. This agreement has been reviewed by the City Attorney's office and no issues or concerns were identified. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None. ATTACHMENT LIST r A. Washington County Inter-Library Information Network (WILInet) Agreement. FISCAL NOTES i The City of Tigard (Library) is responsible for the purchase, installation and maintenance of peripheral equipment necessary to connect to WILInet. I:\Lib\City Council Agenda Summaries\AGENDA ITEM SUMMARY SHEET-June 22, 2004a.doc WASHINGTON COUNTY - Cooperative Library Services Date: 5/25/04 To: WILInet Users From: Eva Calcagno, Cooperative Library Services Manager RE: . WILInet Agreements for FY04-05 through FY08-09 Attached are three originals of the new WILInet Agreement. Please have them signed by the appropriate party for your entity and return all three signed copies to me by June 17u' so that I may forward them to County Administration for signature before the end of June. As a reminder, except for Tuality Health Information Resource Center and the Oregon College of Art and Craft, there are no monetary transactions associated with this Agreement. I appreciate the feedback and suggestions I received. from many of your jurisdictions regarding the draft Agreement that was circulated last month. Many of the suggestions were incorporated after consultation with County Counsel. If you have questions, please contact me at 846-3233 or calcaano ccls.lib.or.us. Thank you. 111 NE Lincoln 30-L, MS 58 Hill 7124-3036 one. .846.3222 fax. 50 QJVM D: 503. 55 www. et.wccis.lib.or.u City Council Document Transmittal CITY OF TIGARD To: OREGON From: tV r- Amms w Date: T 2&4 I'm sending you: Document Type: ❑ IGA ❑ Contract /Other - Document Name: Approved at the Council Meeting of: ~T~ r2 ZZ 9j) r~ Number Copies Included: Wour document(s) have been signed by the Mayor L ❑Your document(s) have been signed by the CKy Manager c V our document(s) requires an additional signature(s) hen all signatures have been obtained, file an original document with City of Tigard Records V Additional instructions: 1 V~ i11C~ctc 1'0,614 Of itb~" Lr?j 1,.1ADMICITY COUNCILICITY COUNCIL DOCUMENT TRANSMITTAL..DOC WASHINGTON COUNTY Cooperative Library Services Date: 5/25/04 To: WILInd Users From: Eva Calcagno, Cooperative Library Services Manager RE: WILInet Agreements for FY04-05 through FY08-09 Attached are three originals of the new WILInet Agreement. Please have them signed by the appropriate party for your entity and return all three signed copies to me by June 17u' so that I may forward them to County Administration for signature before the end of June. As a reminder, except for Tuality Health Information Resource Center and the Oregon College of Art and Craft, there are no monetary transactions associated with this Agreement. I appreciate the feedback and suggestions I received from many of your jurisdictions regarding the draft Agreement that was circulated last month. Many of the suggestions were incorporated after consultation with County Counsel. If you have questions, please contact me at 846-3233 of calcagno(awccls.lib.or.us. Thank you. 111 NE Lincoln 301, MS 58 Hill 7124-3036 one. .846.3222 fax. 50 4 D: 503. . 55 Www1 t.wcds.lib.ocu Washington County Inter-Library Information Network (WWILInet) 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, Cedar Mill Community Library Association, Garden Home Community Library Association, Tuality Healthcare and Oregon College of Art and Craft, hereinafter referred to as "WILInet Users." WHEREAS, the parties hereto are currently participants in the WCCLS Network; WHEREAS, the parties are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement, or are private non-profit agencies operating libraries, and WHEREAS, WCCLS has purchased and installed an automated integrated library system and is desirous of making this system available for use by libraries in Washington County; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. 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) WILInet (Washington County Inter-Library Information Network) - An integrated, automated library system, including but not limited to WILI, which is comprised of the integrate- library systern software (online circulation, public access catalog, cataloging and acquisitions software), software programs purchased by WCCLS and licensed for use at member libraries, other databases, Internet resources, central site hardware and telecommunications equipment. The necessary equipment, equipment configuration, communication links, and associated hardware and software necessary to provide the Integrated Library System (ILS), Internet access through WCCLS, and other appropriate network functions to member library locations. This includes but is not limited to equipment in the WCCLS office and WCCLS computer room. WILInet Agreement 5/25/04 - page I D) Host - Any intelligent device connected to WILInet that is addressable by a network/transport protocol. All workstations, network printers, routers, etc. are hosts. E) Broadband Users' Group - A membership organization through which WCCLS procures Internet and firewall network services. F) WCCLS Library Directors' Board - The executive body of the WCCLS Network; advisory to the Cooperative Library Advisory Board and the WCCLS Manager. G) WILInet Users' Group - A committee of the WCCLS Library Directors Board, advisory to the Automation Program Specialist/Library Systems Administration Supervisor on the operation of the automated library system as defined in the Library Directors' Board by-laws. H) Public Library Services Agreement - The Inter-Governmental Agreement between Washington County and library service providers to provide library services to all county residents, containing a reimbursement formula under which WCCLS makes payments to public libraries. 1) Cooperative Library Advisory Board (CLAB) - The board appointed by the Washington County Board of Commissioners to develop, review and 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. J) West Slope Community Library - The public library that is a department of WCCLS and managed by the County. For purposes of this Agreement, West Slope is treated as a WILInet Member Library, but is not a signatory to this Agreement. 2. TERM OF AGREEMENT This agreement shall be in effect from July 1, 2004, through June 30, 2009, except as otherwise provided in Section 14 of this Agreement. It is the intent of the parties that this Agreement become effective on July 1, 2004. 3. OWNERSHIP AND MANAGEMENT OF WILlnet A) The Washington County Board of Commissioners, as the governing body of WCCLS, retains final authority for decision-making related to WILInet and its operation. B) WCCLS shall have full ownership of all central site system hardware, software, and communications equipment and shall make the system available to the WILInet Users. All central site system upgrades will remain the property of WCCLS. All software and upgrades provided, to WILInet Users by WCCLS will remain the property of WCCLS. WlUnet Agreement 5/25/04 - page 2 C) Item records owned by WILInet Users, the associated bibliographic and patron records where the patron is registered at the WILInet User Library shall be considered the property of that WILInet User. On termination of this Agreement by either party WILInet User shall pay all reasonable costs associated with data extraction necessary to provide records in machine-readable format. 4. SERVICE AVAILABILITY A) WILInet shall be available for use twenty-four (24) hours a day except for routine maintenance and when software, hardware, or telecommunications upgrades/changes necessitate making the system unavailable. WCCLS agrees to provide WILInet User with prior notice of WILInet downtime if it will affect library operations and/or business hours except for unexpected outages due to WILInet failure or other circumstances beyond the control of WCCLS. No liability shall be assumed by WCCLS if WILInet experiences downtime. B) WCCLS staff shall be available to service WILInet and to support member libraries. No WILInct staff will be available on days that are official Washington County holidays. The hours of service will be as follows: 8:00 am - 8:30 pm, Monday - Thursday; 8:00 am - 6:00 pm Friday, 9:00 am - 5:00 pm Saturday, and 10:30 am - 5:30 pm Sunday. 5. DATA RECOVERY WCCLS will duplicate daily all data maintained in the WILInet database. WCCLS will rotate such tapes between on-site storage in a fire-safe box and off-site storage so that files can be reconstructed if a system malfunction occurs that requires restoring or rebuilding the databases, in whole or in part, from backup tapes. A minimum of one weekly tape will be stored in a location physica,ly apart from the site of the central system in case of major disaster at the central site. 6. DUTIES AND RESPONSIBILITIES OF WCCLS With the advice of the WILInet Users' Group, WCCLS shall: A) Purchase all central system hardware, software, and network equipment, housing such equipment in a suitable environment and maintaining said equipment in good operating condition. B) Purchase Integrated Library System client software licenses for WILInet Users and coordinate distribution of licenses. C) Provide, or contract for the provision of, maintenance of central site hardware, software, and the Wide Area Network. WILInet Agreement 5/25/04 - page 3 D) Employ personnel needed to maintain and operate WILInet and staff a help desk for in-person WILInet problem reporting and resolution. E) Administer contracts for all WILInet related software, network, hardware, and service vendors and organizations. F) Provide a source of, and maintain for WILInet Users, MARC bibliographic cataloging records and authority records in WILInet. This includes monitoring and evaluating bibliographic services to insure an appropriate and high quality bibliographic database. G) Purchase, and coordinate the use and licensing of, other library-related software licenses or equipment as deemed suitable by the Library Directors' Board. IT) Purchase item barcodes and patron cards to be used by WILInet Users. I) Solicit requests from WILInet Users for group purchases of peripheral equipment when cost effective or desired by WILInet Users. WCCLS staff shall coordinate purchase of said equipment and invoice WILInet Users for cost plus 10%. Invoices will be issued at the time items are delivered or no later than June 1 of the year in which the equipment was purchased. J) Provide training and training materials to WILInet Users for WCCLS provided software. K) As time permits, assist WILInet User's staff with troubleshooting of Local Area Network cabling, equipment, software, and associated devices within WILInet User's building to which WILInet is connected. L) Provide specifications to WILInet Users for installation of peripheral equipment purchased through WCCLS. 1Vl) Provide documentation for the Integrated Library System. N) Provide software updates to WILInet Users for software programs purchased by WCCLS and licensed for use at member libraries. O) Regularly review the operations of WILInet hardware, software and network, evaluate performance, and develop plans for modifications, upgrades and new services, as outlined in the WCCLS Long Range Plan or as directed by WILInet Users. i P) Provide periodic reports to WILInet Users on Wide Area Network performance and Integrated Library System performance. Q) Enforce Policies' & Procedures adopted by the WILInet Users' Group and the Broadband Users' Group to coordinate orderly and secure use of the system. WILInet Agreement 5/25/04 - page 4 R) Conduct an independent network security audit of WILInet and implement recommendations to maintain the security and integrity of WILInet. S) Take steps to maintain WILInet security, up to and including terminating a connection between one or more network Hosts that appear to present a problem that threatens the security, integrity, or performance of WILInet. Prior notification of the impending disconnection will be given to the affected WILInet Users if time permits. Connectivity will be restored when the WCCLS staff determines that the problem is resolved or the threat removed. T) Manage WILInet pursuant to the terms and conditions of this Agreement. 7. DUTIES AND RESPONSIBILITIES OF WILINET USERS The WILInet User shall: A) Participate in the use and operation of WILInet under the terns and conditions of this Agreement and the Policies & Procedures adopted by the WILInet Users' Group. B) Take full responsibility for linking item information for WILInet User's holdings to bibliographic records in the database. C) Provide, maintain, and administer Local Area Network cabling, equipment, software, and associated devices within WILInet User's building to which WILInet is connected. D) Provide site preparation, access, and environmental conditions necessary for optimal security and functioning of network hosts provided by WCCLS. E) Insure that devices configured by WILIzziet User and accessing WILInet comply at all times with hardware and software requirements deemed necessary by WCCLS staff. F) Insure that all Hosts connected to WILInet shall be secured and supervised by library staff during use. Public users shall not use staff workstations. G) Insure that any Host or device connected to WILInet shall neither cause, nor have the potential to cause, any network disruption, security breach, nor other deleterious outcome. H) Obtain permission from WCCLS before attaching any new type of equipment to WILInet. I) Notify WCCLS in advance of adding workstations that will run software programs purchased by WCCLS and licensed for use at member libraries. J) Protect system equipment and software from abuse, theft or misuse, and assume financial responsibility for repairing or replacing damaged equipment. WILInet Agreement 5/25/04 - page 5 K) Be responsible for system security by limiting access to non-public accounts to trained, authorized staff and volunteers. L) Notify WCCLS of changes in services, including but not limited to acquisition of additional domain accounts, ILS accounts, workstations, email accounts, and deletion of said accounts. M) Provide an inventory of WILInet Hosts in WILInet User's facility and connected to the Public Communications Network as needed by the Broadband Users Group. N) Conduct an annual inventory of WILInet software licenses in use by the WILInet User as instructed by WCCLS staff. Report inventory results by the November WILInet Users' Group meeting. O) Keep records and statistics when required by WCCLS to document system performance. P) Pay costs incurred by WCCLS for non-standard reports as defined by the WILInet Users' Group and WCCLS. Q) Designate at least one person as the WCCLS contact concerning use of the system. R) Reimburse WCCLS on a quarterly basis for the cost of printing and mailing patron notices. 9. CONFIDENTIALITY OF DATA The patron and circulation records in the WILInet database shall be deemed to be exempt from public disclosure pursuant to ORS 192.502(22). All parties agree that they will not disclose patron and circulation information. All parties also agree that only library staff and designated library volunteers shall have access to such records in the course of operating the system. All parties may use patron name and address information for library purposes as long as it is used in accordance with the WILInet Policies & Procedures. • 10. COST ALLOCATION FORMULA WILInet Users which are not signatories to the Public Library Services Agreement, chiefly Tuality Health Resource Center and Oregon College of Art and Craft, shall be responsible for ten percent of their share of the cost allocation on an annual basis. These WILInet Users shall be notified of WILInet operating costs by April 1 as determined by the cost allocation formula used in ENMI T A "Cost Allocation Formula". These WILInet Member Libraries shall receive an invoice from WCCLS by April 15 for the annual cost, which shall be paid by June 30. 11. ADMISSION OF NEW WILInet USERS WHICH ARE NOT SIGNATORIES TO THE PUBLIC LIBRARY SERVICES AGREEMENT WCCLS shall have the option of admitting other libraries to WILInet provided that any necessary system modification shall be undertaken to insure WILInet's continued security and performance. WILInet Agreement 5125104 - page 6 Admission of New WILInet Users shall require unanimous approval of present WILInet Users and the Cooperative Library Advisory Board. New WILInet Users will be assessed a share of WILInet operating costs for the first year of membership as determined by the Cooperative Library Advisory Board. The "Cost Allocation Formula" in Exhibit A would be applicable during the second year and thereafter. 12. DEFAULT A) Each of the following shall constitute a default: 1. Material noncompliance with the terms of the Agreement; 2. Misuse of WILInet system operating software, hardware, or peripherals. B) In the event of a default by a WILInet User or by WCCLS, WCCLS or the WILInet User, respectively, shall: 1. Advise the party in writing of the alleged default and any action required to cure the default; 2. Set forth a time by which the default must be cured, a minimum of thirty (30) days. 13. MATERIAL NONCOMPLIANCE A) In the event a WILInet User shall be found to be in material noncompliance under the terms of this Agreement, WCCLS may, following written notice to the WILlnet User: 1. Prohibit WILInet User from the use of the WILInet system; 2. Take any action to cure or stop the default; 3. Recover any costs, expenses or disbursements incurred by WCCLS to cure the default. B) In the event of an emergency involving, but not limited to, system damage or the breach of security or confidentiality of the database, WCCLS may lock out the WILInet User from the system without notice. 14. TERMINATION A) The County shall have the right to terminate this Agreement in its entirety or as to any individual WILInet User upon sixty (60) days written notice, if it determines, in good faith, through an open, public process, that: i 1. The public interest would be served by such termination; 2. Adequate funds are not available. B) Each WILInet User shall have the right to terminate this Agreement upon sixty (60) days written notice, if the WILInet User determines, in good faith, that the public interest in its jurisdiction or area of service would be served by such termination. C) County and each WILInet User shall have the right to terminate this Agreement for a default by the other party that has not been cured. WILInet Agreement 5/25/04 - page 7 D) Upon termination of this Agreement as to any individual WILInet User, this Agreement shall continue to be effective as to the remaining parties. E) Upon termination, the WI.LInet User shall be responsible for payment of any costs, expenses, or disbursements incurred by WCCLS to remove or otherwise mask W LInet User's data from W11LInet. 15. INSURANCE A) All parties to this Agreement shall maintain comprehensive general liability insurance or adequate reserves in a program of self-insurance covering personal injury and property damage for the WILInet Users, their employees and agents. The insurance coverage shall be for a minimum of $200,000 per person, $500,000 per occurrence and $50,000 property damage. For WILInet Users who are not units of local government, certification of insurance shall be provided to WCCLS and all such insurance coverage shall name Washington County, its officers, employees and agents as additional insureds. B) The County shall maintain insurance adequate to cover the replacement of the central site equipment including but not limited to the central processing unit, uninterruptible power supply and communications equipment. The insurance coverage shall be for a minimum of $600,000. C) WILInet Users shall maintain insurance adequate to cover the replacement of the telecommunications equipment owned by WCCLS and housed at WILInet User's site. 16. 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. A) Equal Opportunity County Personnel Rules provide that County shall enter into contractual agreements only with Equal Opportunity Employers. Therefore, WILInet Users hereby agree that employees (and applicants for employment) shall not be discriminated against because of race, color, national origin, religion, physical or mental handicap, sex or age, except in the case of bona fide occupational qualifications as defined and provided by applicable federal or state law. B) Compliance with Applicable Provisions of ORS Chanter 279 WILInet Users which are community libraries further agree that they shall comply fully with all applicable provisions 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 WILInet User; 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 WILInet Users that are community libraries in the same manner as if they were fully set forth herein. WILInet Agreement 5/25/04 - page 8 1 7. 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 indemnification shall be subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution. 18. 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 appropriation of funds. 19. 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. 20. NOTICE Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. 21. 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. 22. CAPTIONS L Captions and headings used in this Agreement are for convenience only and shall not be r construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. i 23. SEVERABILITY 1 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. WILInet Agreement 5125/04 - page 9 24. AMENDMENT This Agreement may only be amended in writing signed by all of the parties. EXHIBIT A - Cost Allocation Formula (updated annually). FOR THE WIL T U FOR WASHINGTON COUNTY: Sigma( _e J Signature Title Title Date Date APPROVED AS TO FORM: Sr. Assistant County Counsel WILInet Agreement 5/25/04 -page 10 Exhibit A: Cost Allocation Formula Automation Program Benefit Allocation FY 02-03 Expenditures $983,472 Composite Total Annual Percentage Cost Share Outreach 0.79 $7,769 Banks 1.34 $13,226 Beaverton 25.92 $254,904 Cedar Mill 13.83 $136,038 Cornelius 1.58 $15,554 Forest Grove 6.67 $65,595 Garden Home 1.43 $14,060 Hillsboro/Tanasboume/Books By Rail 25.28 $248,655 OR College of Art & Craft 0.55 $5,378 Sherwood 2.58 $25,336 Tigard 10.55 $103,708 Tualatin 5.85 $57,574 Tuality Health Info. Resource Ctr. 0.30 $2,950 West Slope 3.33 $32,725 Total 100.00 $983,472 Note: Shared Operating Cost is Actual Automation Expenditures FY 02-03 less cost recovery items (grant funds, peripherals and notices/postage). WILInet Agreement 5/25/04 - page I I AGENDA ITEM # 7i. 9 FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Local Contract Review Board - Contract for Self Check Machines for the new Tigard Public LibM PREPARED BY:_ Margaret Barnes DEPT HEAD OK CITY MGR OK 4-~ ISSUE BEFORE THE COUNCIL Should the Local Contract Review Board authorize the purchase of a lease for two self check machines for the New Library. STAFF RECOMMENDATION Authorize City staff to purchase a lease for two 3M self check machines for the New Library. INFORMATION SUMMARY The library currently uses the 3M brand of Tattle-Tape (security strips) for books and will continue to do so in the new library. Virtually all of the library's books have these security strips as well as other WCCLS libraries. These tapes are guaranteed to work effectively and efficiently with both the 3M book detection system (security gates) and the 3M SelfCheck System. Given the investment the library has made over the years in this security system, we are requesting a sole source solicitation for two 3M SelfCheck machines as allowed by Administrative Rule AR 20.30 "The efficient use of existing equipment or supplies requires compatible products of a particular manufacturer or seller." OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None. ATTACHMENT LIST 1. Memo from 3M 2. Memo FISCAL NOTES Approximately $31,000 per machine for a 36-month lease. 3M Library Systems 3M Center, Building 2254N-14 St. Paul, MN 55144-1000 800 328 0067 Telephone 800 223 5563 Fax www.3M.com/library Fax: 503-598-7515 May 18, 2004 Ms. Linda Parker Tigard Public Library 13125 SW Hall Blvd Tigard, OR 97223 Dear Ms. Parker: 3M is the developer and sole manufacturer of the 3MTM Selfcheckrm System. We have patents covering several of the system technologies, including the ability to detect and process material protected by 3MTM Tattle-Tape Strips. We are not aware of any manufacturer that sells self-checkout systems operating within the scope of 3M's patents. Service contracts and warranties are based on the correct usage of 3M Tattle-Tape Security Strips with the 3M SelfCheck System. Our sales representative for your area is Matt Bellamy and he can be contacted at 800/328-0067. Thank you for your interest in the 3M SelfCheck Systems. If there are any further questions or problems, please feel free to contact us. Sincerely, i /dregory . fouts National Sales Manager rl (Notary Public) My commission expires: r~ CATHERINE LECLA.iR NOTARY PUBLIC - R71:ESC7A RAMSEY C U~1T. Y cc: M. Bellamy My Comm Explr°s M. Keefe MEMORANDUM TO: Tigard City Council FROM: Margaret Barnes, Director of Library Services! RE: Sole Source Self Check Out Machine for the New Tigard Library DATE: June 9, 2004 C: Bill Monahan, City Manager Joe Barrett, Buyer The City of Tigard Public Library currently uses the 3M brand of Tattle-Tape Strips (security strips) for library materials because of the proven reliability of the strips to work effectively with the 3M security gate system and the self check system. The security strips are specifically designed for easy placement within books and are available for purchase from nationally recognized vendors who supply library specific items. The library has received confirmation from 3M that in order to assure the effectiveness of the security strips they must be used in conjunction with the 3M SelfCheck System. The library has heavily invested in 3M security strips over the years - virtually all of the library's books have these security strips. Other WCCLS libraries also use these strips, 3M security gates and 3M Shelf Check Units. A separate server is set up with WCCLS automation to manage the 3M Shelf Checks. If the Tigard Library were to purchase a Self Check system from a different vendor it would require the library to purchase a new separate server in order for this non-compatible system to operate. Attached is a letter from 3M explaining that they are "unaware of any manufacturer that sells self-checkout systems operating within the scope of 3M patents." Based on this information it is our recommendation to proceed with the sole source purchase of a 36- month lease agreement for two 3M SelfCheck units. Each lease is approximately $34,000 for the life of the lease. One unit would be installed immediately and the other unit in the next three months. AGENDA ITEM 4 FOR AGENDA OF June 22.2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Action on Water Contract PREPARED BY: Dennis Koellermeier DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Report back to Council on request for Portland to extend existing water sales agreement for two years; take further action, if necessary STAFF RECOMMENDATION Implement Council's position on contract. INFORMATION SUMMARY The current water sales contract with the City of Portland is due to expire June 30, 2007. The contract calls for notice of the intent of either party to terminate three years prior to that date. Should the City elect to give notice, this notice is due June 30, 2004. On June 8, 2004, the City Council directed staff to request a two year extension to the existing contract. Portland's answer to this request will be reported to the City Council. OTHER ALTERNATIVES CONSIDERED Terminate contract; request an extension to the contract; allow existing contract to renew automatically. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Obtain a long term source of water. ATTACHMENT LIST 1. Letter to Portland Water Bureau from Dennis Koellermeier dated June 10, 2004. FISCAL NOTES Tigard currently purchases approximately $2.2 million of water annually. _ PY CITY OF TIGARD June 10, 2004 OREGON Mort AnousbiravanL Director Portland Water Bureau 1120 SW Fifth Avenue, Room 601 Portland, OR 97204 Re: Water Sales Agreement Dear Mort, The City of Tiganl, as suooessor in interest to the Tigard Water District as to the water supply contract between the City ofPortland and the Tigard Water District effective July .1, 1982, requests that the original term of the contract be extended for two years. The original term is caarnt:y scheduled to end on June 30, 2007, and the extension of the original term would be tlmmgh June 30, 2009. We would appreciate your answer by June 21, 2004, so that our Council can be made aware of your position on this matter and so that we can formalize the extension if Portland is le. ly, Dennis r.0elleameier Acting Public Works Director DIC-tw 131"5 SW Hcffl Blvd- Tigard. OR 972231.,.,`,) 6394171 TDD (503) 684-2772 rfap ,°RTL., Dan Saltzman, Commissioner CITY OF Morteza Anoushiravani, P.E., Administrator 0 1120 SW 5ih Avenue Z PORTLAND, OREGON Portland, Oregon 97204 Information (503) 823-7404 Fax (503) 823-6133 BUREAU OF WATER WORKS TDD (503) 823-6868 June 22, 2004 Entered into the Record on Dennis Koellermeier Acting Public Works Director By ~e/an/5 13125 SW Hall Blvd Tigard, OR 97223 Agenda Item # Exhibit # Dear Dennis, In response to your letter of June 10, 2004 and pursuant to our recent telephone conversations, attached for your approval is a proposed amendment to the existing 25- year water sales agreement between Tigard and Portland. We believe this proposal effectively extends the contract, without preconditions, until July 2007 by waiving the three-year notice provision of the current contract. This should offer ample time to complete the current negotiations on a new contract. All the parties have already invested a great deal of effort in negotiating a replacement contract. Good questions have been raised and answered, issues have been reviewed and, although we do not yet have a final deal, we think we have made substantial progress. The City looks forward to continuing this process with the hope that it will soon come to a successful resolution. As you know, July 1, 2004 is the critical threshold date concerning renewal of the existing contract. Therefore, we must hear from you by no later than the close of business on Friday, June 25, 2004 regarding the attached proposal to amend the existing contract. Sincerely, Mort Anoushiravani. P.E., Administrator attachment c: Mark Knudson David Hasson Edward Campbell Terry Thatcher Ruth Spetter 1'. tl 0 jl T~ 11 i' . L( ! L Entered into the Record on By 2e-noli5 l~lae~%rme/~/" Agenda Item # Exhibit # 2004 AMENDMENT TO WATER SUPPLY AGREEMENT BETWEEN THE CITY OF PORTLAND, OREGON AND THE CITY OF TIGARD, OREGON THIS amendment is entered into by and between the City of Tigard, Oregon herein after called "Purchaser" and the City of Portland, Oregon herein after called "City." WHEREAS, Purchaser and City are municipal corporations within the State of Oregon; and WHEREAS, pursuant ORS 198.885, when the Tigard Water District merged with the City of Tigard, the City of Tigard succeeded to all the property, contracts, rights and powers of the Tigard Water District; and WHEREAS, the Tigard Water District had an existing 25- year wholesale water supply agreement (Agreement) with the City for the purchase and sale of a "firm supply of potable surplus water" effective July 1, 1982 Contract Number 20528; and WHEREAS, Section 14 of the Agreement provides for the termination or renewal of this contract under certain conditions; and WHEREAS, Purchaser and City are engaged in negotiations of a new wholesale water supply agreement; and WHEREAS, the Purchaser and City, in order to continue current contract negotiations desire to maintain the current expiration date of July 1, 2007, but have decided also to eliminate the automatic renewal provision of the contract; NOW, THEREFORE: City and Purchaser agree to amend Purchaser's existing 25-year wholesale water supply Agreement by deleting the second paragraph of Section 14 to eliminate the renewal and notice provisions contained in that paragraph. In all other respects the existing Agreement remains in full force and effect and shall expire on July 1, 2007. City of Portland City of Tigard (Purchaser) Dan Saltzman By: Commissioner of Public Affairs Title Date: Date: Attest: yl Gary Blackmer By: City Auditor Title Date: Date: Approved as to Form Approved as to Form I I I i I I 2 2 City Council Document Transmittal CITY OF TIGARD To: Del) 5 OREGON From: Date: I'm sending you: Document Type: ❑ IGA ❑ Contract WOther Document Name: 2-6CkI jmelldni,;~-~ ~r II-at I" dL- i, Approved at the Council Meeting of: Id- 2,z 44 Number Copies Included: A- [RLour document(s) have been signed by the Mayor ❑Your document(s) have been signed by the City Manager Cy'q~our document(s) requires an additional signature(s) When all signatures have been obtained, file an original document with City of Tigard Records ❑Additional instructions: IAADIMCITY COUNCILICITY COUNCIL DOCUMENT TRANSMITTAL.DOC P 2004 AMENDMENT TO WATER SUPPLY AGREEMENT BETWEEN THE CITY OF PORTLAND, OREGON AND THE CITY OF TIGARD, OREGON THIS amendment is entered into by and between the City of Tigard, Oregon herein after called "Purchaser" and the City of Portland, Oregon herein after called "City." WHEREAS, Purchaser and City are municipal corporations within the State of Oregon; and WHEREAS, pursuant ORS 198.885, when the Tigard Water District merged with the City of Tigard, the City of Tigard succeeded to all the property, contracts, rights and powers of the Tigard Water District; and WHEREAS, the Tigard Water District had an existing 25- year wholesale water supply agreement (Agreement) with the City for the purchase and sale of a "firm supply of potable surplus water" effective July 1, 1982 Contract Number 20528; and WHEREAS, Section 14 of the Agreement provides for the termination or renewal of this contract under certain conditions; and WHEREAS, Purchaser and City are engaged in negotiations of a new wholesale water supply agreement; and WHEREAS, the Purchaser and City, in order to continue current contract negotiations desire to maintain the current expiration date of July 1, 2007, but have decided also to eliminate the automatic renewal provision of the contract; NOW, THEREFORE: . City and Purchaser agree to amend Purchaser's existing 25-year wholesale water supply Agreement by deleting the second paragraph of Section 14 to eliminate the renewal and notice provisions contained in that paragraph. In all other respects the existing Agreement remains in full force and effect and shall expire on July 1, 2007. City of Portland City of Tigard (Purchaser) i i ~ Dan Saltzman By: Commissioner of Public Affairs Title 'l Date: Date: _ u azL 2Z~;Z Attest• X' Gary Blackmer By: I?te el - City Auditor Title 7)r D,,, Date: Date: 2'L +"./_7r`/I4 Approved as to Form Approved as to Form z 2 s City Council Document Transmittal CITY OF TIGARD To: llli `A OREGON From: 16,ne., ~~GlrlJTr~ 2 Date: IJU4~~W~ I'm sending you: ) Document Type: ❑ IGA Z- ontract - 5 ❑ Other Document Na To: Approved at the Council Meeting of: ,a/z7, Zz, ~60"(z Number Copies Included: our document(s) have been signed by the Mayor ❑Your document(s) have been signed by the City Manager r document(s) requires an additional signature(s) hen all signatures have been obtained, file an original document with City of Tigard Records ❑ Additional instructions: MADRACITY COUNCILICITY COUNCIL DOCUMENT TRANSMITTALDOC -1 N 2004 AMENDMENT TO WATER SUPPLY AGREEMENT BETWEEN THE CITY OF PORTLAND, OREGON AND THE CITY OF TIGARD, OREGON THIS amendment is entered into by and between the City of Tigard, Oregon herein after called "Purchaser" and the City of Portland, Oregon herein after called "City." WHEREAS, Purchaser and City are municipal corporations within the State of Oregon; and WHEREAS, pursuant ORS 198.885, when the Tigard Water District merged with the City of Tigard, the City of Tigard succeeded to all the property, contracts, rights and powers of the Tigard Water District; and WHEREAS, the Tigard Water District had an existing 25- year wholesale water supply agreement (Agreement) with the City for the purchase and sale of a "firm supply of potable surplus water" effective July 1, 1982 Contract Number 20528; and WHEREAS, Section 14 of the Agreement provides for the termination or renewal of this contract under certain conditions; and WHEREAS, Purchaser and City are engaged in negotiations of a new wholesale water, supply agreement; and WHEREAS, the Purchaser and City, in order to continue current contract negotiations desire to maintain the current expiration date of July 1, 2007, but have decided also to eliminate the automatic renewal provision of the contract; NOW, THEREFORE: City and Purchaser agree to amend Purchaser's existing 25-year wholesale water supply Agreement by deleting the second paragraph of Section 14 to eliminate the renewal and notice provisions contained in that paragraph. In all other respects the existing Agreement remains in full force and effect and shall expire on July 1, 2007. City of Portland City of Tigard (Purchaser) Dan Saltzman By: ler7a-le, c, tf~ Commissioner of Public Affairs Title 117a Date: Date: Z,9031 Attest•~~J nai Gary Blackmer By: City Auditor Title f7G1 L'it[,R ~e--fder Date: Date: v Approved as to Form Approved as to Form v 2 2 t AGENDA ITEM # 5 FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUNIMARY ISSUE/AGENDA TITLE Update on the New Library Schedule PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL The purpose of this presentation is to provide City Council an update on the New Library Master Schedule. STAFF RECOMMENDATION This is an informational item. INFORMATION SUMMARY At this time staff will update the Council on the overall completion schedule for the new library. This will include information regarding the closure of the existing library. The Grand Opening date for the New Tigard Public Library will also be identified. At this meeting staff is prepared to answer questions. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal #2: A wide array of opportunities for life-long learning are available in a variety of formats and used by the community. ATTACHMENT LIST Set of PowerPoint Slides. FISCAL NOTES Not yet determined. C F ~A~~~~ yt. t•~,t '{Jt~{c ~'~",r~i,'{~ ry rrrt+~Z t fr "L . 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During this closure time, materials can returned to any Washington County Library. • City Website (www.ci.tigard.or.us) • WILI net (online catalog) e Cityscape • Tigard Times 1 FN( N 1l Z Jam ® r , ~ , Fly F; ® v v ,,i~lillflli , s ligilgil { 1 r fj I L C I ~ ~ t ` ~ ~ AGENDA ITEM # (o FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE St Vincent d_ePaaul Affordable Housing Fee Assistance Application PREPARED BY: William A. Monahari~ DEPT HEAD OK 1.,- CITY MGR OK tA,~~ ISSUE BEFORE THE COUNCIL Should the City Council grant funds to St. Vincent dePaul from the city Affordable Housing Fee Assistance Program? STAFF RECOMMENDATION Staff recommends that the City Council review the application submitted by St. Vincent dePaul to determine if the request qualifies under the guidelines established by the city for the Affordable Housing Fee Assistance Program. If a determination is made that the application fits within the guidelines, Council then should determine if a grant should be provided in Fiscal Year 2003-04 and/or 2004/05. If Council determines that the applicant does not qualify for funding under the program, Council can reject the application. Council could also review the program guidelines and possibly modify them to allow the applicant to qualify under new guidelines. Then, the applicant could resubmit. INFORMATION SUMMARY On March 20, 2003, Fr. Leslie Sieg of St. Anthony's Church submitted a request for consideration of a grant prepared by the St. Vincent dePaul Society - St. Anthony Church Conference. The request is for assistance to offset the cost of building and planning related fees associated with a new food storage and distribution center to be built on church property. The funds were requested from the City of Tigard's Affordable Housing Fee Assistance Program which was established by the City to help fund "affordable housing acquisition, development and rehabilitation" performed by either a for profit or not for profit entity. Upon receipt of the application, staff inquired of the applicant to obtain additional information. In addition, staff reviewed the program guidelines. The guidelines show that the program is intended to be made available to those businesses or agencies which provide affordable housing units. The application as submitted is related to a food storage and distribution center which serves the lower income community, some of whom are residents of affordable housing living units. No housing units are being acquired, developed or rehabilitated by the applicant. Therefore, under the guidelines established by the City Council, it appears that the application does not meet the guidelines. Council may, if it wishes, undertake a review of the guidelines and make modifications to allow applications such as that submitted by St. Vincent DePaul to qualify for funding. Then, the applicant could resubmit under different guidelines. In addition, it should be noted that in 2003 the Council granted the application of Washington County for a full $10,000 after determining that the intent of the program was met although Guideline #4 was not fully met by the applicant. There, only six of the subject units to be rehabilitated qualified because of the tenant's income. Council has discretion to determine how best to apply the guidelines in evaluating particular fee reimbursement requests. Since the application was first filed, further information has been provided by the applicant showing that the original proposal for funding has been reduced from $9,609 to $9,322. The amount requested is based on a total of $24,322 unbudgeted project costs and fees and a grant from Washington County's Community Development Block Grant Program of $15,000. The Block Grant funds were awarded in 2002. The sum of $9,322 is the difference between the total unbudgeted costs ($24,322) and the Block Grant funds ($15,000). Since 2002, Tigard has set aside $10,000 annually for the Fee Assistance Program. The fee assistance program was established in furtherance of the City Council's adopted Affordable Housing Program, a 2002 action intended to emphasize and encourage affordable housing in the Tigard community. On July 22, 2003, the City Council granted the Washington County Department of Housing up to $10,000 from the Program in "fee reimbursement" for improvements to be made at Bonita Villa, a housing complex purchased by the County and intended to provide affordable housing units. In May, 2004, the County was sent a check for $6,566.06 as an initial payment toward the grant award The payment was based upon work completed to date by the County. As a result of the expenditure, the Fiscal Year 2003-04 budget now has $3,433.94 which has not been designated. The proposed budget for Fiscal Year 2004-05 (on the June 8 Council agenda for adoption) would make $10,000 available as of July 1, 2004 for the program. Washington County is eligible to apply for submit documentation to receive $3,433.96 of this funding based upon the grant made by City Council on July 22, 2003, which is available to the County until July 21, 2005. Because of the prior award to Washington County, should the City Council find that the applicant is qualified to receive a grant under the program, the maximum funding available prior to the new budget year is $3,433.94. Should the City Council grant the complete amount requested, the remainder will need to come from the Fiscal Year 2004-05 budget. Should the award be made, the funds available to future applicants under the program in the coming year is $678 (based on Washington County and the applicant requesting and receiving their full allocations). If no grant is awarded in the present budget year, only $6,566.06 of funding is available in the coming budget year (if Council earmarks some of the funding to meet the commitment made to the County). Funds allocated in a budget year are not carried over from year to year. Representatives of the applicant will be present at the City Council meeting to support the application. Materials related to the proposal and the Fee Assistance Program are attached. OTHER ALTERNATIVES CONSIDERED Staff has suggested that City Council review the application considering alternatives which include rejecting the application and modifying program requirements to allow the applicant to reapply. Council could also make an interpretation that allows it to interpret the guidelines to allow the application to be funded. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal #3 calls for the City to encourage and support "private sector programs to maintain diverse and affordable housing". ATTACHMENT LIST 1) April 7, 2004 memorandum to City Council from Bill Monahan which includes the following: a) March 20, 2004 memo from Fr. Leslie Sieg b) Letter from Gil Lopez, President, St. Vincent dePaul Society with a tax exempt letter from the IRS and annual report c) Notice of Available Funding for the Program d) Fiscal Year 2003-04 Assistance Request form e) Affordable Housing fee Assistance Guidelines f) Land Use Proposal Description for the storage building g) Project proposal for CDBG funding, submitted in 2002 h) March 31, 2004 letter to Fr. Leslie Sieg i) April 5, 2004 letter to Fr. Leslie Sieg 2) May 1, 2004 letter from Fr. Leslie Sieg 3) May 5, 2004 letter to Fr. Leslie Sieg 4) May 14, 2004 letter from Fr. Leslie Sieg with a revised budget 5) Exerpt from mintes of the July 22, 2003 City Council meeting where Washington County's application was a approved 6) Staff report from the July 22, 2003 City Council meeting with Washington County's application FISCAL NOTES If funded, $9,322 in fee assistance could be allocated from the Fiscal Year 2003-04 and 2004-05 budgets. Consideration must be given to the funding already allocated to Washington County. Any funds not used in a fiscal year return to the General Fund, they are not carried over to the next budget year. In Fiscal Year 2002-03, $7,000 was returned to the General Fund. Unless allocated, $3,433.94 of the fee assistance funds set aside in the Fiscal Year 2003-04 budget will be returned to the General Fund. G i, i i is :I MEMORANDUM Administration CITY OF TIGARD Shaping A Better Community TO: Honorable Mayor and City Council FROM: Bill Monahan, City Manager DATE: April 7, 2004 SUBJECT: Potential Affordable Housing The St. Vincent de Paul Society/St. Anthony Church Conference has requested that the City grant $9,609 from Tigard's Affordable Housing Fee Assistance Program. As was discussed during the Council's March 16 Workshop meeting (when the potential application was first mentioned) the Society does not qualify under the present funding guidelines. Since the March 16 discussion, a written request was submitted. Staff has reviewed the proposal and compared it to the guidelines. In addition, since the Society has received Community Development Block Grant (CDBG) funding, staff compared the proposal to the CDBG application filed in October 2002. Based upon the review, a letter was sent to Father Leslie Sieg of St. Anthony's requesting clarification. Following are the issues identified to this point and the status of their review: 1. The Proposal - the proposal for funding is for $9,609 to offset City building, planning and systems development charge fees. Details are found in the attached letter from Gil Lopez, transmitted on March 20 by Father Leslie Sieg. 2. The Program Guidelines -The Affordable Housing Fee Assistance Program was established to offer fee assistance for low income housing development and rehabilitation. As the attached information taken from the City web page indicates, the program was designed to assist those who are involved in "affordable housing acquisition, development and rehabilitation" in Tigard. The maximum funding available is $500.00 per "qualified unit." Under the existing guidelines, St. Vincent de Paul does not qualify, because it is not proposing to acquire, develop or rehabilitate housing to be offered as affordable housin i g• i i 3. Status of the St. Vincent de Paul Project - The St. Vincent de Paul Society, a non- profit, plans to construct a food storage and distribution center, to assist the poor and needy of the Tigard community. A 1,000 square foot building will be built on St. Anthony's property. A pre-application conference was held on January 8, 2004. The Hearings Officer is scheduled to conduct a land use hearing on the proposal on May 10. The land use application is for a conditional use permit and four adjustments. A copy of the Land Use Proposal Description is attached. 4. Funding for the Project - As mentioned above, CDBG funds have been awarded for the project, in the amount of $120,600. The attached project proposal shows that the total cost of the project is $170,100, with $49,500 contributed from other resources. Within the project description, found on page 4 in item 10c, the applicant indicated that CDBG funds were sought to pay for contractual construction services and building permits and fees. The Budget Summary on page 10, and explanatory notes on page 11, seems to confirm that the CDBG funding requested was intended to cover fees and permits. On March 31 1 wrote to Father Sieg acknowledging receipt of the grant proposal, and then on April 51 wrote requesting clarification since it appears that City fees have already been paid for by a CDBG grant. Copies of the two letters are attached. Once additional information is received from Father Sieg, Council will be asked to determine how it wants to proceed. The existing Affordable Housing Fee Assistance Guidelines preclude funding the request. If Council wishes to change the guidelines, it can, however, the focus of the assistance program will also change. Council could consider the grant request outside of the Affordable Housing Fee Assistance Program; however, the logical place to do that is through the Social Service Grant Program which is part of our budget process. Applications were submitted and have undergone preliminary review. Council could decide to make an exception, however, that may not be fair to all agencies. Council could also treat the request outside of any established grant program. To do so, however, the question of whether the CDBG funds received already cover the fees needs to be addressed. L%9&nMAViroenmUnayor b cd200Ast vincent requestdoc 1 I I N T E R MEMO O F F I C E To; Bill Monahan RECEIVED C.O.T. From: Rev. Leslie M. Sieg Subject: St. Vincent dePaul Application MAR 2 5 2004 Date: March 20, 2004 Administration Bill, Sydney Sherwood asked that I send this request along to you for presentation to the city council when there is the opportunity. If you need further information or would suggest any changes to the letter of request, please do not hesitate to contact me at 503-639-4179. Thank you very much for your assistance. Fr. Leslie Sieg Pastor - St. Anthony Church 1 Mayor Craig Dirksen Tigard City Council 13125 SW Hall Blvd. Tigard, Oregon 97223 Dear Mayor Dirksen and Counselors, I am writing to request your consideration of a grant to the St. Vincent dePaul Society - St. Anthony Church Conference to assist in the construction of a new food storage and distribution center that will also serve as the local headquarters of the organization. The society would ask that you consider applying funds budgeted for Affordable Housing Fee Assistance. The St. Vincent dePaul Society is a not-for-profit organization that is dedicated to assisting the poor and needy of the Tigard community. The society is operated entirely by volunteers from the community. There are no paid personnel. The society is presently operating out of a portable construction building. A week's supply of emergency food is supplied to nearly 2,500 needy families each year. These families are screened and referred by the Neighborshare office. The society provides direct rental assistance in the range of $12,000 each year. Assistance is also provided for heating bills and other utilities as well as emergency housing. The society generally contributes about $6,000 per year to the Good Neighbor Center. These various forms of food and cash assistance enable many families to remain in their homes during financial crises. Without this service many more families in our community would be rendered homeless. The society was granted a Community Development Block Grant in the amount of $120,600 by Washington County for the purpose of constructing this facility. Numerous individuals are contributing professional and other construction services. St. Anthony church is contributing the property for the site of this building. A successful application for a grant from the city of Tigard to offset city fees would complete the funding needed for this project. It is the society's goal to fully fund this project without needing to divert any client assistance funds that have been contributed to St. Vincent dePaul by community donors. Without this relief, funds would need to be diverted. Thus, the society would like to request a grant in the amount of $ 9, 609.00. This grant would offset the following fees. i 1. Pre-Application Conference $287.00 2. Conditional Use Hearing 4,491.00 i 3. Water systems dev. fee 2,041.00 4. Plumbing permit 323.00 5. Mechanical Permit 98.00 6. Electrical Permit 340.00 7. Building Permit 1,235.00 8. Plans check 655.00 9. TIF 139.00 Total 9,609.00 St. Vincent dePaul Society Request Page Two Please find attached to this request a copy of the conference annual report that was provided as part of the application to Washington County and a copy of the society's tax exempt status letter from the Internal Revenue Service. Thank you very much for your consideration of this request. Your positive support will assure that the hungry and homeless of our community will continue to receive immediate and caring service for their needs. Sincerely, Gil Lopez President St. Vincent dePaul Society Tigard Conference Internal Revenue Service Department of the Ta_asury District Director P. O. Box 2508 Q Cincinnati, ON 45201 Dots s N O Y 2 3 199$ Parson to Contact: W Linda A. Hill Telephone Numbers St. Vincent de Paul society of 877-829-5500 Portland Oregon - Fax Numbers 3601 S. 8. 27th Avenue. 513-684-5936 Portland, OR 97202-3003 Federal Identification Number: 93-0456525 Dear Sir oiy Madam: This is"in response to your request for a letter affirming your organization's _"exempt status. In•August 1937, we issued a determination letter.that recognized your `organization as exempt from federal income tax under section 101(6) of the Internal Revenue Code of 3939 (now section •50i(c)(3) of the Internal Revenue Code). Your-organi'zation'is classified as a publicly supported organization, and not,a private foundation, because it is described in sections 509(a)(1) and 170(b):(l')(A)(i) of. the Code. Donors may deduct contributions to your organization as provided in section 170 of the Code. That letter is still in- effect. As of January.: 1', 1984, your organization is liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remunerations of $100 or more. paid to each of its employees during a calendar year. Your organization Is not liable for the tax imposed under the Federal Unemployment Tax Act" (FUTA). If your organization is a church .or a qualified church-controlled organization as. defined in section 3121(w)(3) of the Code, it may elect to exclude the waes paid to its employees (other than for services performed in an unrelated trade or business) for social security taxes. This election must be made by filing Form 82.74.by the day before the date the organization's first quarterly employment tax return would be due under the revised law. If your organization-makes this election, its employees who earn $100 or more during a calendar year become liable for the payment of self-employment tax (under section 1402 of the Code) on the wages the organization pays them. Organizations that are not private foundations are not subject. to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other Federal excise taxes. - r~ 2- St-Vincent de Paul Society of Portland Oregon 93-0456525 'Donors may deduct contributions to your organization as provided in section 170•of.the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are.-deductible.for federal estate and gift tax purposes if they' meet the applicable provisions of sections 2055, 2106, and 2522• of the Code. Your-organization is not required to file federal 'income tax returns unless - it is subject to the tax on unrelated business income, under section 511 of the Code`: If your organization is subject to this tax, 'it must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. As this letter-could help resolve any questions about your organization's exempt and'foundation status, you should keep it with the organization's permanent records. If You have any questions, you may. contact ue at 'the. address or telephone 'number - shown- in. the heading of "this. letter: i%. This-letter affirms your organization's exempt status. Sincerely, Y C. Ashley Bull District Dire or f • i 1 - 1 1 1 f- ANNUAL REPORT TI GARD CONFERENCE ST VINCENT DE PAUL OCTOBER 1, 2000 TO SEPTEMBER 30, 200.1 BALANCE 10/1100 7,406.181 RECEIPTS 36,082.51 DISBURSEMENTS CLIENT AID (22,075.25) HOUSING, MEDICAL, TRANSPORTATION, U M TTMS, NEIGHBORSHARE NATIONAL DUES (125.00) OPERATION EXPENSES (1,977.93) POSTAGE, UTILITIES AND SUPPLIES EQUIPMENT AND REPAIRS (354.91) AID TO NEEDY ST VINCENT DE PAUL CONFERENCES (2,500.00) ST.FRANCES DINING HALL, OUTREACI-L AND MONTANA CONFERENCE. AIDTO OVERSEAS DISASTERS (3,000.00) EL SALVADORE AND INDIA. GOOD NEIGHBOR CENTER (9,040.00) TIGAM HOMELESS SHELTER NEW YORK DISASTER (1,000.00) BALANCE 9/30/01 3,413.66 Tigard Affordable Housing Fee Assistance Program Notice of Available Funding The City of Tigard now offers fee assistance for low-income housing development and rehabilitation. Those organizations interested in applying for available Housing Fee Subsidy funds can obtain an application packet and list of program guidelines by contacting Duane Roberts at 503-718-2444 or via email at duane(a-)-ci.tiQard.or.us. The packet also is available on-line at www.ci.tigard.or.us. In October 2002 the Tigard City Council established guidelines for a new, on-going budget set-aside designed to reduce City fees and charges imposed on affordable housing acquisition, development, and rehabilitation within the community. The assistance program is open to public agencies, nonprofit organizations, and for-profit entities providing affordable housing opportunities. The next opportunity to apply for fee assistance funds is June 25, 2003. Applicants will be asked to present their projects to the Tigard City Council the evening of July 22, 2003. City of Tigard, Oregon 13125 SW Hall Blvd. Tigard, Oregon 97223 503-639-4171 FY 2003-04 AFFORDABLE HOUSING FEES AND CHARGES ASSISTANCE REQUEST Organization Name: Address: City, State, Zip: Contact Name: Telephone Number: Email address: Address/location of the project site: [Note: only projects located within the Tigard City Emits are eligible for funding assistance]: 1. Briefly describe your organization and the type(s) of affordable housing opportunities you provide or are seeking to provide. 2. Describe the activity for which you are requesting fee relief. 3. Describe the fees and charges (including overall dollars per unit) that you are seeking City funds to offset. 4. Describe the status of all necessary land use, zoning, and building plan approvals. 5. Indicate whether the project will require the relocation of any household or business. 6. Request (express in whole dollar amounts only): [Note: the City budget amount available for all projects combined during FY 03-04 is $10,000.] Dollars amount per unit $ Number of units Total request $ 7. Briefly describe how your project addresses each of the guidelines adopted by the Tigard City Council for considering fee assistance requests. Omit guidelines 7 & 9. [Use and insert additional page(s) if needed.] 8. Describe when you anticipate being able to use the requested funds. 9. Certification I hereby certify, by signature below, that the information contained in this application is true and correct to the best of my knowledge. Date: Signature: Typed Name and Title: Note: Submit one original of the completed application. The application deadline is 5:00 pm, June 25, 2003, at Tigard City Hall. Applications transmitted by fax or email will not be accepted. Mail or deliver to: City of Tigard Attn: Duane Roberts 13125 SW Hall Blvd. Tigard, OR 97223 Should you have any questions about how to complete the application form, contact Duane Roberts; 503-639-4171; duane(a)-ci.tigard.or.us. i s i i Affordable Housing Fee Assistance Guidelines 1. Both for- and not-for-profit entities are eligible to apply for affordable housing fee assistance funds. 2. Eligible activities include affordable housing acquisition, development, and rehabilitation. Affordable housing acquisition and development will receive greater consideration than rehabilitation. 3. The proposed project must be consistent with City housing policies and applicable planning and zoning standards. 4. Only units targeted to households earning at or below 50% of median income are eligible for City funds. Units targeted to households earning 60% of median income are eligible when the project includes an equal number of units serving households at or below 50% of median. 5. The organization guarantees that the housing produced or rehabilitated will maintain long-term affordability, with long-term defined as the longer of 25 years, or, if applicable, the life of any State or Federal loan used to finance the project. 6. The organization guarantees that the project will be enrolled in the City Enhanced Safety Program (ESP) and maintain ESP certification for the respective (a.) peiqod of long-term affordability defined in guideline #5, or (b.) the life of the ESP program. 7. Council review and approval of each separate award will be required. This review will include an in-person presentation to Council by a representative of the organization making the request. 8. The time limit on the use of the funds is two years. 9. Applications for assistance will be accepted twice per year. Applications shall be submitted on forms provided by the City of Tigard. 10. The maximum amount available is $500 per qualified unit, up to the current Social Services and Events Fund affordable housing set-aside line item balance. Item No.~ For Counct..,jewsletter dated L - "FOR COUNCIL NEWSLETTER" MY «raARo (Sent on 312912004) Community (Development Shapi A(SetterCommunity 120 DAYS = 7/15/2004 FILE NOS.: CONDITIONAL USE PERMIT ~CUP) 2004-00002 DEVELOPMENT AD USTMENT R 2004-00014 DEVELOPMENT AD USTMENT AR 2004-00015 DEVELOPMENT AD USTMENT AR 2004-00016 DEVELOPMENT AD USTMENT AR 2004-00017 FILE TITLE: ST. ANTHONY'S PARISH STORAGE BUILDING FOR ST.VINCENT DE PAUL SOCIETY APPLICANT: St. Anthony's Parish OWNER: Roman Catholic Archbishop of Attn: Leslie M. Selig Portland in Oregon 9905 SW McKenzie Street 2838 E. Burnside Tigard, OR 97223 Portland, OR 97214 APPLICANT'S Robert Was, Architect REP.: 13283 SW Scottsbridge Drive Tigard, OR 97223 REQUEST: The applicant is requesting Conditional Use approval to construct a 1,000 square foot, single-story storage building on a half-acre lot that is currently being used for parking. The applicant is also seeking approval of four (4) Adjustments to reduce the rear yard setback from 15 to 12 feet, to reduce the minimum landscaping requirement from 20% I0 15,0 to reduce the buffer width between the proposed use and adjacent uses, and to adjust the right-of--way requirements on SW McKenzie Street. LOCATION: 12630 SW Grant Avenue; WCTM 2S102BD, Tax Lot 800. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. CIT AREA: Central DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE 11 ® TYPE 111 ❑ TYPE IV DATE COMMENTS WERE SENT: MARCH 30.2004 DATE COMMENTS ARE DUE: APRIL 13, 2004 N HEARINGS OFFICER (MON.) DATE OF HEARING: MAY 10, 2004 TIME: 7:00 PM ❑ PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ❑ STAFF DECISION (TENTATIVE) DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP ® UTILITY PLANS ® LANDSCAPE PLAN 0 SITE PLAN ❑ TREE PLAN ® IMPACT STUDY ® NARRATIVE ❑ STORM H2O ANALYSIS STAFF CONTACT: Brad Kilby, Associate Planner (503) 639-4171, extension 2434 MAR-30-2004 13=30 P.02 0•g.. OCT 012002 WASHINGTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT PROPOSAL PUBLIC FACILITY (instructions Attached. Submit original and 1 copy) 1. PROJECT St Vincent de Paul Food Storage FOR STAFF TrrLE: and Distribution Building USE ONLY 2. PROJECT Protect No. JO Date RM. /O• b SPONSOR: .r- I A Name: St Vincent de Paul Tigard Eloitle: Yes. Conference ion * R ngon1'70. 7.01 tO O ~ e LN9 ► lvwwfr Malling 9905 SW McKenzie Eu ng Income S Address: Tigard OR 97223 fi0 Other Inf9mr don oaaG VIL ,.-fsa~stt~eZD Contact John E Cook Person: Phone # 5035793122 Ext Fax # 5035794752 E-mail: cooky@_easystmetcom Signature: Titl tce President s a i' %OM A,k %AW r-mm PF X= "I-.= MAR-30-2004 13:30 P.03 3. Is this project a Community Facility? ® or Is this project a Residential Treatment Facility? ❑ 4. Short Term CDOG Objective Reference(s): A7.m 5. PROJECT BENEFIT: A. Census and Block Tract31903 Block 415 Blockgroup 0319034 Group Designation: Project Location: 9905 SW McKenzie Tigard OR 9722.3 Note: Attach map, which shows the project site and defines the service area. Label It OExhibit A". B. Qualification - If project qualifies on the basis of serving a specific low/moderate income geographic service area, respond to questions in (1) below, if project qualifies on the basis of serving a particular population defined as 'limited clientele' respond to (2) below. If the project qualifies on the basis of addressing slums and blight, respond to (3) below. 1. Geographic Service Area Not Applicable a. Total Number of residents in service area # b. Total number of residents who are low/moderate # income in service area c. Percentage of residents who are low/moderate # income in service area d. Number of residents to be served annually by facirdy # 2. Limited Clientele Not Applicable ❑ a. Identify limited clientele group Low income families including about 5% homeless b. Number to be served by facility annually #2400 c. Number of clients who are lowhnoderate income to #2400 be served by facility each year d. Percentage of clients served by facility who are %100 low/moderate Income 3. Removal of Slurps and Blight 6=9G AppdAw F«m PF 2oo2 -"i-o2 2 MAR-30-2004 13:31 P.04 7~ Does this activity remove slums and blight? ❑ Yes ® No D. Document source(s) of information for 1. and 2. above. Numer of low/moderate income clients provided by signed client Food Vouchers. 6. OTHER INFORMATION A. Will project be located in a facility that is accessible to persons with disabilities? ® Yes ❑ No S. How is project compatible with local plans? Explain and reference. "Tigard Beyond Tomorrows" 20 year vision adopted 1997. "Community character and quality of life" goal volunteerism "#1 keep current volunteer program healthy and active" Our food bank is operated with 100% volunteers 7. PROJECT PERIOD Start (mo/yr): July 2003 End (mo/yr): Dec 2003 8. PROJECT COST Total CDBG dollars requested $120600 Total dollar value of other resources $49500 TOTAL PROJECT COST $170100 9. PROBLEM STATEMENT: The temporary storage and service space will no longer be available after April 2003 due to expansion of our school facilities. Therefore that makes this request an urgent need. As the organization that provides more than 901% of all emergebncy food services in the Tigard area, uninterupted service is critical. Thus the construction of this facility is most urgently needed. The facility will also allow X. improved sanitary conditions with the addition of a restroom and food washing r facilities. Additional refrigdration and freezer space will allow the organization to continue increasing the number of families served as the communities population increases. a 10. PROJECT DESCRIPTION: 9 u A. Describe how the proposed facility and activities/services address the need or alleviate the problem identified in the problem statement. Explain how the . target population will access the facility. S=W Appls%Aw F0FM PF 2002- 5-31.02 3 MFR-30-2004 13:31 P. 05 This project will allow us to continue to serve our present dientel. It will also allow for some growth to meet future needs. It will provide a restroom and a product washing area not provided in our present facility. Clients can access this facility by car - parking adjacent: or by public transportation . There are two TrI Met bus Ones serving the area. One is one block away and the other runs *cent to the proposed building site. B_ What types of activvities/servioes will take place in the completed facility? Storage of packaged and canned food and personal hygiene supplies, storage of food items requireing freezing or refrigeration, preparing, assembling and outloading emergency food boxes and record storage. C. How will CDBG funds be used? Describe tasks and provide time frame for completion of project. We will construct a wood frame building on a concrete slab. We will use a licensed contractor for construction. Construction is planned for July- December 2003. Some technical and professional services will be donated.as well as materials and construction services CBDG funds will be used to pay for contracted construction services and building permits and fees. D. Will activities/services for different target populations be integrated and coordinated within the facility? Examples are a community-senior center for a senior center with a daycare program. Explain. Our services are for low income families only. Services for different target populations will not be integrated. 11. COORDINATION/COMPATIBILITY A. Identify other facilities (public, private, or nonprofit) that address the same need and provide similar activities/services in the area. The Seventh Day Adventist Church in Tualatin serves a limited number of clients two days a week.Portland Vineyard Church distributes a limited number of food boxes one day a week. St Vincent de Paul provides the balance of food Boxes in the service area five days a week throughout the whole year. B. Has this proposal been coordinated with other related service providers, both public and private? Please list. Letters of support from the City of Tigard, Oregon Food Bank, Community Action and State Representative Max Williams are included S1C M Anft%Aw Fam PF 2002 5-31-02 4 MAR-39-2004 13032 P.06 12. ENVIRONMENT A. Historic Preservation 1. Will the project activity involve the acquisition, rehabilitation or expansion of a building that is 50 years or older? ❑ Yes N No 0 Unknown 2. If the improvement is a historic site, specify what historic preservation activities will be undertaken. 3. Does this project assist or complement other historic preservation activities taking place in the same area? Explain. B. Endangered Species 1. Will the project involve the construction of an impervious surface area within 200 feet of a river, stream or other body of water? ❑ Yes ® No 2. Will the project involve exterior rehabilitation within 200 feet of a river, stream or other body of water? ❑ Yes N No C. Lead Based Paint Will the project involve the acquisition and/or rehabilitation of a dwelling unit built prior to 1978? ❑ Yes N No ❑ Unknown NOTE: If the answer to any of the questions in the above section `Environment7 is Yes or Unknown, it is recommended that you consult with office of Community Development staff prior to the submittal of the application as there may be impacts on the timing, location, design or costs of your project. 13 PROJECT SPONSOR INFORMATION: A. What is the priority of this project in comparison with all other projects you are submitting in this category and in the category of Neighborhood MCWG App AAW Form PF 2002 - 531-02 5 "1 MAR-30-2004 13:32 P.07 Revitalization? This is our number one priority and our only submission. B. Have you previously received CDBG funds in this category for a facility in this geographic area or for this special population? Yes R No. If yes, explain why additional CDBG support is needed at this time. s'VCWG ApWAW Fam, PF 20M 531-42 6 .MAR-30-2004 1332 P.08 C. Previous CDBG-funded projects since 1997 (last two 3-year cycles) None (1) (2) (3) (4) (5) CDBG Year Amount Completed in Time• Completed Project Of Of Originally Spedfied in Within Original Number Project Award Contract? Budget, YES NO YES NO $ D 0 a $ o D $ ❑ ❑ ❑ ❑ $ ❑ 1 0 $ o H o El $ O El 0 0 $ Q ° ❑ Q 0 (Note: Attach additional page if necessary) D. If any answers to (4) or (5) above are no, please explain. E. Residential/Employment Displacement Will the project necessitate either Residential or Employment displacement? ❑ Yes 9 No. If yes, please explain. F. Operation and Maintenance: 1. Specify who will assume legal responsibility for the continued operation and maintenance of the facility. Tigard Conference St Vincent de Paul Society will assume legal responsibility. S ApOOApp Fan PF 2002 - 531-02 7 MW2-30-2004 13:33 P.09 2. Describe how the operation and maintenance wilt be provided over the useful life of the facility. Include in your description: a. A general statement of financial assets and resources at sponsor's disposal. Tigard Conference St Vincent de Paul Society has operated for 43 years and always met its financial obligations There is no outstanding debt. b. A brief description of general administrative as well as budgetary performance of organization, including any problems the agencyllocality has encountered over the past two years. St Vincent de Paul Society has met all financial obligations and has had no problems over the past two years. . c. A description of past experiences in operating or administering a similar type of activity. The St Vincenent de Paul Society Tigard Conference has operated an emergency food pantry for 43 years. Ten to twelve families are typically served per day five days a week, fifty two weeks a year except for holidays. d. Describe staffing arrangements and source of financing for the ongoing operation and maintenance of the project. Indicate whether the expertise is available In-house or must be acquired. Administration and staffing is done by volunteers. Operation and maintenance for the facility have been assumed by St Vincent de Paul Tigard Conference for 43 years. That arrangement will continue. G. Program Income Specify the anticipated use(s) of program income. No income is derived from our activity. 14. CITIZEN SUPPORT SM=G ApplWpp FaM PF 2002 - "1-02 8 NW-30-2004 13:33 P.10 Describe the agency's efforts to obtain citizen support. We have requested material and in kind services from the community. At this time we have a commitment for architectai services, use of land for building site and commitment of some equipment and construction services. We will continue to solicit additional aid. 15. PROJECT MANAGEMENT CAPABILITY A. Name and title of designated Project Manager John E Cook, Vice President St Vincent de Paul B. Past management experience 1. Abilitylexperience in dealing with appointed and elected officials, contractors, engineers, archltiects, clients, and citizens; resolving complaints; conducting meetings. Owned and operated a retail Pharmacy for 25 years in Tigard. Also served on Tigard City Council for 15 years and have knowledge and experience in dealing with elected officials and profesionals. Conducted City Council meetings while serving as Mayor of Tigard. Robert R Mas, Architect will advise and assist. 2. Abilitylexperience in government contract administration; knowledge of federal regulations governing acquisition, procurement, actual employment opportunity, and labor standards. Was involved with government contrails during my 15 years of service on Tigard City Council and the architect will also assist. 3. Abliity/experience in establishing timelines; drafting requests for proposals, bid documents, and contracts; reviewing plans and specifications; negotiating contracts and change orders; approving requests for payment. Please see items 1 and 2 above As a prindpal of a small firm for 25 years I was intimately involved and totally responsible for all of the activities noted above. S= M ApOAApp Form PF 7002-531-02 9 S>SMMP~RY OMMIVED SOURCES OF FUNDS T y' ,.F'... 18. 6U©GE COSG GTHER c yin. ~ 1....,•:.., ;:Total Funding Cos 'a."., PYIr r5 .;~s-... ()4 0) UDGV ATE ORIES o person nei Services 1x00 s) b) Office gupplies r ppera11n9 Supl les d) Gommun ns 10000 e) Travel & Train n9 j00 8000 (3) 1) Legal & Public Notices s 1 1 3500 3500 (2) 0) Professional Sernce110000 102000 30000 h) Constructl0n Contrects (4) l) Capitst Outlay 30U00 Property Acquisition } Ralocation Expenses 49500 l) Appraisal Fees 15000 15fl00 d by other clfy) 44 124640 tending and the portion committs m Qthar (sp® 1701 TQTA1- PROJECT the port4on charge NAR d to CflEG n) total project cost, RATNE lndlcate s6urces X6stxu. 50 'n fixtures 17 BUDGET funding anger -230 hours C~ coon Gino g, pluming for project manager related to con 1 Volunteer drne and gppraisal co bated materials and services such as p For engineering or contra (3) Estimated value of donated f d etc. $~Cp$G APOAPP Form PF 2002 - s 31-02 I r useful life of proper~Y. over . gr95. per " to s{ab at on a concm lq~ al Sm "~~~acted jncrea$es ~'e~ `ts a ~atljve pr°~ a bu;j~tn9 n, Ptote erm ct h cones 0 s~laare tootsevtet comer c ~h® teas and p'a%cimpa pppra~ssd value ~ for a 1~Wet and roZ ectmana 4 ler d sewer h°ck•~p► w ~l 5 p~0 ondttuce ter, 9m rale~all p1nc►o$ end other tees bsstcex coo is {or wa napp -GIs X15; het~ste toot. d ntrtbotor%s 0 Ptannt ~ , Inspe6on tn~~d&teshom~@~~ @ctton~bvtiding P ettim . Sewer teess S~ t! 2o020100 antSft .MAR-30-2004 13:34 P.13 IS. ADDITIONAL INFORMATION Non-profit agencies and cities applying for CDBG funding must document endorsement of each application for funding by formal action of their Board of Directors or City Councils, as appropriate.. County applications must bear the signature of the appropriate department head. Minutes of the July 22, 2002 meeting of Tigard Conference St Vincent de Paul are included SNCDWllpptW" Fotm PF 2002-"1-02 12 Item No. For Council Newsletter dated - L~ CITY OF TIGAR® March 31, 2004 OREGoN Fr. Leslie Sieg, Pastor St. Anthony Church 9905 SW McKenzie Tigard, OR 97223 Re: St. Vincent de Paul Grant Request Dear Father Leslie, I received your letter of March 20, 2004, transmitting the St. Vincent de Paul request for a grant from Tigard's Affordable Housing. Presently I am assembling information on our grant program eligibility criteria and your CDBG grant. Once I have the data collected, I will provide the Council with a memo that outlines options for consideration. A quick review of the eligibility criteria indicates that the City grant program is available only to providers of affordable housing units. Council created the program and can, if it wishes, consider modifications to the criteria. Thank you for submitting the letter of request. Sincerel rI William A. Monahan City Manager F.ta*n"Uttgs%2W4Vr lesfie sieg OM104.doo 13125 SW Hap Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 April 5, 2004 CI~ OF a IGARD OREGON Reverend Leslie Sieg St. Anthony's Church 9905 SW McKenzie Street Tigard, OR 97223 Re: St. Vincent de Paul Society grant application Dear Father Leslie, In my earlier letter to you I mentioned that I am assembling data to review prior to submitting the grant request to the Tigard City Council. One item that I am reviewing is the October 2002 application for Community Development Block Grant (CDBG) program funding submitted by St. Vincent de Paul for a food storage and distribution building. I have questions in regards to that application. The application, which was funded with a grant of $120,600.00, appears to already cover the cost of fees and permits. Within the grant application, Item 10 Project Description on Page 4, Section C indicates that CDBG funds will be used to pay for contracting construction services and building permits and fees. The Budget Summary, Section 16 on Page 10, seems to confirm that the CDBG funding was intended to cover the fees. Would you please review this matter and determine if the grant would in fact offset fees, if the fees have already been covered by the grant? I await your response. Once I receive it, I will assemble a memo to the City Council so that they may consider your request. Sincerely, William A. Monahan City Manager C: Tigard City Council Mae slog GIOW4.doc 3125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 s m:~ St. Anthonq Catholic Church ~ 9905 S.W. McKenzie Street Tigard, Oregon 97223-5198 May 1, 2004 RECEIVED C.O.T. William Monahan MAY 0 4 2004 City Manager Administration 13125 SW Hall Blvd Tigard, OR 97223 Dear Bill, My apologies for such a tardy response to your letter of April 5 concerning the St. Vincent dePaul grant application. I was awaiting John Cook's return from vacation to reply since he had much of the data needed to provide you with a more complete proposal. Subsequently, we realized that additional conditions that might be required during the conditional use permit process would also affect the over all budget. Since that hearing is planned for May 10th, I will further delay my response until immediately after that hearing. I hope that this will still allow you the time to review the material and present the request to council before the end of the fiscal year. Thanks again for your kind assistance. Sincerely, Leslie M. Sieg Pastor Telephone (503) 639-4179 E*w: LSieg@stonthon4tigard.org Fax (503) 624-2364 r CIM,~017- ••D OREGON.71tOAAAAUNITY o - • HEARINGS OFFICER ` ~ MONDAY - M" 10, 2004 7:00 PM. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings officer meetings by noon on the Friday prior to the meeting. Please can 503-639-4171, Ext. 2438 (voice) or 503484-2772 (rDD - Telecommunications Devices for the Deal). Upon request, the City will also endeavor to arrange for 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. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. Hearings are held In Town Hall at the City of Tigard at 13125 SW Hall Boulevard Staff reports are available to the public 7 days prior to the hearing date 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 ST. ANTHONY'S PARISH STORAGE FACILITY FOR ST. VINCENT DE PAUL SOCIETY CONDITIONAL USE PERMIT (CUP) 2004-00002 DEVELOPMENT ADJUSTMENT (VAR) 2004-00014 DEVELOPMENT ADJUSTMENT (VAR) 2004-00015 DEVELOPMENT ADJUSTMENT (VAR) 2004-00016 DEVELOPMENT ADJUSTMENT (VAR) 2004-00017 REQUEST: The applicant is requesting Conditional Use approval to construct a 1,000 square foot, single- story storage building on a half-acre lot that is currently being used for parking. The applicant is also seeking approval of four (4) Adjustments to reduce the rear yard setback from 15 to 12 feet, to reduce the minimum landscaping requirement from 20% to 15%, to reduce the buffer width between the proposed use and adjacent uses, and to adjust the right-of-way requirements on SW McKenzie Street. LOCATION: 12630 SW Grant Avenue; WCTM 2S102BD, Tax Lot 800. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. 3. OTHER BUSINESS 14. ADJOURNMENT Page 1 of 1 Cent OF TIGARD May 5, 2004 OREGON Father Leslie M. Sieg, Pastor St. Anthony Catholic Church 9905 SW McKenzie Street Tigard, OR 97223-5198 Re: Grant application Dear Father Leslie, Thank you for your letter of May 1, 2004. I recognize that you will be submitting additional information to support a grant application after your conditional use hearing of May 10. Within your letter you noted that you hope to submit a grant application for Council consideration before the end of the fiscal year. Please note that in order for the City Council to review an application, the deadline for submission for all materials for the June 8 Council meeting is May 25, 2004 while the June 22 meeting deadline is June 8, 2004. Sincerely, William A. Monahan City.Manager C: Tigard City Council Craig Prosser i:ladmVANenersX2004Vr les6e sieg 050SO4.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 m:~ St.. Anthon4 Catholic Church w:~ 9905 S.W. McKenzie Street Tigard, Oregon 97223-5198 May 14, 2004 RECEIVED C.O.T. William Monahan MAY 17 2004 City Manager Administration 13125 SW Hall Blvd Tigard, OR 97223 Dear Bill, I am writing concerning the application for a grant from Tigard's Affordable Housing fund for the construction of a food storage facility for St. Vincent dePaul. Again, I want to thank you for your patience and assistance in this effort. I am enclosing a revised breakdown of city fees and other un-anticipated fees that have been added to the cost of this project. Along with the revised fee budget, I am also enclosing requests to Washington County for budget revisions (Numbers 1 and 2). Additional revisions will be submitted when cost projections are firm. As you can see from these revisions, funds available for construction have been significantly reduced. With these additional facts at hand, I would like to reduce the original grant request. The new amount requested is $9,322.00. Thank you again for your assistance and the willingness of our city council to consider these needs. Sincerely, Rev. Leslie M. Sieg Pastor Enclosures: Revised Budget Request for Budget Revision # 1 & # 2 Telephone (503) 639-4179 E-Mail: LSieg(a stanthonytigord.org Fox (503) 624-2364 I 71 Revised Budget for St. Vincent dePaul Storage Facility Fees Anticipated following Conditional Use Hearing Minor Modification Application 435 Pre Application Conference 287 Neighborhood meeting 118 Water systems development 2,366 Sanitary Sewer Connection 2,435 Parks Fee 262 Building Permit 1,235 Conditional Use Permit 4,491 Setback Adjustment 450 Plans Check 656 Plumbing Permit 323 Mechanical Permit 98 Electrical Permit 340 Fee in lieu of under grounding 6,781 addressing Fee 50 Unmitigated Impacts fee 695 Total $2 f,~Z At the time of application for the grant from CBDG, the applicant did not budget for the cost of a survey which has been required. The survey has added $1,800 to the project cost. The applicant also did not budget for a traffic count which the city had indicated that it would perform. This added another $700 to the cost for the project. The services of structural and civil engineers were not budgeted. These costs are projected at $800 Additional Cost requirements 3,300 Total unbudgeted costs and fees 24,322 Amount covered by CDBG Grant <15,000> Outstanding amount needed to complete project $9,322 a Project Number. J~ 0 Year Funded: 2 0 3 Budget Revision Number. REQUEST FOR BUDGET REVISION RiA5. ~ Name of Project: -7oe o~i &efr;6u.A;'oh,nName of Entity: Sf i",ncen`tt' ) ~w~ J,4 rd. Address: CiitV:T"a a evc State: Or Zip: 51 A...3 - A. Budget Category B. Approved Budget C. Revised Budget D. Increase/ Decrease Cu?? r7-^ -75? Su~~cyor E. Explanation of Request: F. Authorization Date u~ti'o ' Signature / l--/ 3 Lll~ / Zi Date Authorized Signature COUNTY USE ONLY G. Reviewed and approved (disapproved) by Washington County Community Development Block Grant Program on (date). Signature: Title: Project Number. .6 2 P Year Funded: 2 0 3 Budget Revision Number. z REQUEST FOR BUDGET REVISION Name of Project 7~oa so,riq~ F ~;sfr~6u i'on,nName of Entity: Sf dr.xc:A~ ~u~ - ra rcL Address: %,45'S, 14'/rl C'kcx Z.`f, ~f City-7'40-ev . State: D r Z.Ip• 97A;L5 A Budget Category B. Approved Budget C. Revised Budget D. Increase/ Decrease bra c !0 3 x~,''^ d d 3 9 DD ~a f ~'c ~ n~ ~ n cL r, E. Explanation of Request- q,Ycc GfccG.~ Fi+~ • rlerl'~ n q Co ja►~ r f ~C t- i n~ F. Authorization Y/ Date ~Abtho 'zed Signature Date Authorized Signature i COUNTY USE ONLY ! G. Reviewed and approved (disapproved) by Washington County Community Development Block Grant Proi gram on (date). I Signature: Title: .7. CONSIDER AFFORDABLE HOUSING FEE ASSISTANCE REQUEST Associate Planner Roberts presented the staff report and Henry Alvarez, representing Washington County, reviewed the improvements made to Bonita Villa. The project meets City guidelines with respect to eligible activities, zoning, time limits, and Enhanced Safety participation. It does not meet guidelines with respect to the dollar amount requested. The guidelines were set to allow Council flexibility In its application to specific projects. The staff report outlined the reasons why staff recommended that Council approve the request. Councilor Sherwood, who sits on the Washington County Housing Advisory Board, advised she would abstain from voting on this request. Motion by Councilor Wilson, seconded by Councilor Dirksen, to approve the request from Washington County Housing Services for fee assistance and authorize up to $10,000 in fee reimbursement, with the actual amount to be determined based on the eventual fees and charges assessed. The motion was approved by a majority vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Abstained Councilor Wilson - Yes 8. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 - PORTIONS OF SW MURDOCK STREET, 100THAVENUE) a. Mayor Griffith opened the public hearing. b. Project Engineer Greg Berry presented the staff report, which is on file with the City Recorder. There was discussion among City Engineer Gus Duenas and Council members about the Reimbursement District Program. On August 12, District Nos. 28 and 29 will be reviewed with regard to status of bids received and information about how to prioritize funding and construction of District Nos. 27, 28, and 29. None of these districts have been formed. In addition there was discussion about some amendments to the program suggested by City Engineer Duenas at the July 15, 2003, workshop. The Council will consider amending the Sewer Reimbursement District Program at a later date. Tigard City Council Meeting Minutes - July 22, 2003 Page 12 AGENDA ITEM # FOR AGENDA OF 7/22/03 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Affordable Housing Fee Assistance Request PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council award budgeted housing fee assistance funds to an applicant seeking assistance? The applicant is seeking $10,000 in City assistance. Under City guidelines, the project qualifies for only $3,000 in assistance. STAFF RECOMMENDATION Although the application does not meet one of the program guidelines established by Council, staff recommends Council use its discretion to grant the requested amount. INFORMATION SUMMARY In September 2002, Council adopted the Affordable Housing Program, intended to emphasize and encourage affordable housing in the Tigard community. The program includes a range of land use and non-land use affordable housing promotion tools and strategies. One of the non-land use tools was a new budget set-aside designed to reduce fees and charges imposed on affordable housing acquistion, development, and rehabilitation. A copy of the adopted guidelines that define the requirements and conditions for the award of the subsidy funds to housing providers is attached (Attachment 1). FY 03-04 is the second year of the subsidy program's operation. In FY 02-03, the Council awardcd $4,000 to Community Partners for Affordable Housing to offset building permit fees imposed on proposed repairs to the Greenburg Oaks Apartments (formerly, Villa La Paz). One application was received during the current round of the FY 03-04 funding period. According to program guidelines, applications are accepted twice per year. This application is a request by the Washington County Department of Housing Services for $10,000 to offset fees and charges imposed and anticipated on the rehabilitation of the 96-unit Bonita Villa (formerly, Tiffany Court) Apartments. The houisng service's subsidy request relates to its efforts to upgrade Bonita Villa and operate it as safe and well maintained affordable housing. The agency's rehabilitation budget is $1,291,850. According to the City Building Official, given this budget amount and the range of needed repairs, the agency's combined building, electrical, plumbing, and mechanical City-imposed permit fees will far exceed the the amount of the agency's fee assistance request. The project meets City quidelines with respect to eligible activities, zoning, time limits, and Enhanced Safety Program participation. However, it does not meet guidelines with respect to the dollar amount requested. Guideline #4 of Attachment 1 states that "Only units targeted to households earning at or below 50% of median income are eligible for City funds. Units targeted to households earning 60% of median income are eligible when the project includes an equal number of units serving housholds at or below 50% of median". In the case of the present application, only three units are targeted and guaranteed to remain at the 50% level, with nine units targeted and guaranteed to remain at the 60% level. As such, under City guidelines, the project is eligible for a maximum subsidy of $3,000 (6 eligible units x $500 per unit), as opposed to the $10,000 amount requested. In considering the Washington County Housining Services request, it is important to recognize that the program guidelines were adopted by Council as a set of general guides to allow Council flexibility in their application to specific projects. The guidelines generally define the requirements and conditions for entities wishing to apply for the set-aside funds, but also provide Council wide discretion with how they should best be applied in evaluating particular fee reimbursement requests. In the case of the present application, staff supports waiving the 50% of median guideline and granting the full $10,000 request. The reasons are that: 1.) The generally high cost of Bonita Villa's rehabilitation and the lack of County General Fund support for its operations clearly make it financially difficult for housing services to provide rent levels at the 50% and below level. At the same time, a mix of higher and lower rent levels could be a feasible strategy for including more 50% unts, with the higher rent levels offsetting the lower. However, questioning the housing authority's rent structure strategy would appear to be beyond the scope of the City fee subsidy program. 2.) The County take-over of the Bonita Villa benefits the City in terms of the complex's greatly improved housing quality and liveability as City housing stock. 3.) Another aspect of the Housing Services request concerns the authority's application for a HOME Loan to partially finance the needed improvements. In addition to providing some fee relief for the agency, award of City fee subsidy would improve the chances of the agency's loan application being selected for funding by demonstrating somewhat greater local commitment and financial support. As indicated in guideline #7 of Attachment 1, an in-person presentation to City Council is required as part of the application process. The date set for the presentation is the July 22, 2003, Council meeting. A Housing Services representative, Henry Alverez, will be available at the meeting to overview the authority's request and to answer any questions Council may have. OTHER ALTERNATIVES CONSIDERED Award fewer or no dollars. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal #3 calls for the City to encourage and support "private sector programs to maintain diverse and affordable housing." ATTACHMENT LIST Attachment #1. Affordable Housing Fee Assistance Guidelines Attachment #2: Affordable Housing Fees and Charges Assistance Request FISCAL NOTES A total of $10,000 in fee assistance is requested. The available line item balance within the Community Events and Social Services Fund is $10,000. Any funds not using during the fiscal year will return to the General Fund budget. Last year, some $7,000 were returned to the General Fund. Attachment 1 Affordable Housing Fee Assistance Guidelines 1. Both for- and not-for-profit entities are eligible to apply for affordable housing fee assistance funds. 2. Eligible activities include affordable housing acquisition, development, and rehabilitation. Affordable housing acquisition and development will receive greater consideration than rehabilitation. 3. The proposed project must be consistent with City housing policies and applicable planning and zoning standards. 4. Only units targeted to households earning at or below 50% of median income are eligible for City funds. Units targeted to households earning 60% of median income are eligible when the project includes an equal number of units serving households at or below 50% of median. 5. The organization guarantees that the housing produced or rehabilitated will maintain long-term affordability, with long-term defined as the longer of 25 years, or, if applicable, the life of any State or Federal loan used to finance the project. 6. The organization guarantees that the project will be enrolled in the City Enhanced Safety Program (ESP) and maintain ESP certification for the respective (a.) period of long-term affordability defined in guideline #5, or (b.) the life of the ESP program. 7. Council review and approval of each separate award will be required. This review will include an in-person presentation to Council by a representative of the organization making the request. 8. The time limit on the use of the funds is two years. 9. Applications for assistance will be accepted twice per year. Applications shall be submitted on forms provided by the City of Tigard. 10.The maximum amount available is $500 per qualified unit, up to the current Social Services and Events Fund affordable housing set-aside line item balance. Inrpn/affordablehousing.standards.board Attachment 2 City of Tigard, Oregon 13125 SW Hall Blvd. Tigard, Oregon 97223 503-639-4171 FY 2003-04 AFFORDABLE HOUSING FEES AND CHARGES ASSISTANCE REQUEST Organization Name: Wash:ngton County Department of Housing services/ Housing Authority of Washington County Address: 111 NE Lincoln Street, Suite 200-L City, State, Zip: Hillsboro, Oregon 97124 Contact Name: Susan A. Wilson Telephone Number: 503-846-4794/503-846-4755 Email address: susan wilson@co.washington.or.us Address/location of the project site: [Note: only projects located within the Tigard City imits are eligible for funding assistance]: The Department of Housing Services is a full service housing agency that also serves as the Housing---Authority of Washington County. The department serves over 10,000 persons in Washington County through a variety of programs that include bond financed Affordable Housing, Public Housing, Forst Time 1. Briefly describe your organization and the type(s) of affordable housing opportunities you provide or are seeking to provide. Hone Buyer Prrogrra nr & serial needs housing. Section 8 tenant based Housing Vouchers, Moderni2at- on Rehabilitation, Shelter Plus Care Vouchers, and Contiuum of Care Grant and the HOME Program. The Department currently owns, manages and operates 828 units. Additionally, we serve as general partner in private sector developments of 376 units. The Department also supports the non-profit community with the development of 221 affordable housing units, as well as, annual operating subsidies. 2. Describe the activity for which you are requesting fee relief. i One of the Department's most challenging acquisitions has been Bonita Villa Apartments, which is located in the city of 'Tigard. Ibis property has required an extraordinary effort and financial resources to rehabilitate. The Department is requesting fee relief in the amount of $10,000. 3. Describe the fees and charges (including overall dollars per unit) that you are seeking City funds to offset. The Department is requesting City funds to offset fees-and charges on the rehabilitation of the generally poor condition 96-unit Bonita Villa complex, purchased by the Department in 2002. As indicated in the attached budget sheet, the Department estimates the total cost of the repairs at $1,291,850 or $13,456 per unit. This includes a range of building, plumbing, electrical, mechanical repairs to the units. 4. Describe the status of all necessary land use, zoning, and building plan approvals. No land use or zoning approvals are needed to perform the needed.repairs. This is because the work involves upgrading existing buildings. Some of the needed building and related permits have been obtained. Others will be applied for as funds for the repairs bccome available. 5. Indicate whether the project will require the relocation of any household or business. Rehabilitation activities will not require the relocation of any households. 6. Request (express in whole dollar amounts only): [Note: the City budget amount available for all projects combined during FY 03-04 is $10,000.1 Dollar amount per unit $ 500 Number of units 96 Total request $ 10,00 7. Briefly describe how your project addresses each of the guidelines adopted by the Tigard City Council for considering fee assistance requests. Omit guidelines 7 & 9. [Use and insert additional page(s) if needed.] The Department of Housing Services/Housing Authority of Washington County is a government agency focused on acquiring, building or rehabilitating properties to maintain long-term affordability for low-income residents of Washington County. The Department is seeking to use the requsted funds for rehabilitation efforts at an existing property, Bonita Villa Apartments, in Tigard. This property haw 96 units dedicatd to households earning* 60% or below median income. Of these, 9 will be committed to remain at 60% or below and 3 at 50% or below. Most households in residence at Bonita Villa are at or below 60% of area median income. (response continued at end of the next page) B. Describe when you anticipate being able to use the requested funds. The Department will be able to use the funds immediately once received. 9. Certification I hereby certify, by signature below, that the information contained in this application is true and correct to the best of my knowledge. Date: June 16, 2003 Signature* Typed Name and Title: Susan A. Wilson, Director Note: Submit one original of the completed application. The application deadline is 5:00 pm, June 25, 2003, at Tigard City Hall. Applications transmitted by fax or email will not be accepted. Mail or deliver to: City of Tigard Attn: Duane Roberts 13125 SW Hall Blvd. Tigard, OR 97223 Should you have any questions about how to complete the application form, contact Duane Roberts; 503-639-4171; duaneOlci.tipard.or.us. Question 7 (cont.): The Department will have a representative presenting the project to the Tigard City Council on Wednesday, July 25, 2003. In anticipation of the Council allocating funds to this project, the Department wiull expend allocated funds within the two- year timeframe, keeping the cost per unit below the maximum $500 limit. As well, the Department will maintain ESP certification as outlined in guideline #6. 6 C nD i Y J AGENDA ITEM No. 7 Date: June 22, 2004 PUBLIC HEARING; TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET TO FISCAL DEAR 2003-2004, MAKE APPROPRIATIONS AND CREATE A STREET MAINTENANCE FEE FUND Due to Time Constraints City Council May Impose A Time Limit on Testimony MADOGREEMCCSIGNUPIPH TESTMNY UPDATED 6-13.DOC AGENDA ITEM No. 7 Date: June 22, 2004 PLEASE PRINT Pro nent - S eakin In Favor Opponent- (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A RESOLUTION OF THE CITY OF TIGARD ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2003-04, MAKING _APPROPRIATIONS AND CREATING A STREET MAINTENANCE FEE FUND PREPARED BY: Tom Imdieke DEPT HEAD OK_ CITY MGR OK ISSUE BEFORE THE COUNCIL Oregon Budget Law requires that a Supplemental Budget be adopted by the governing body when certain conditions require a change in appropriations and when a new fund is created during the fiscal year. STAFF RECOMMENDATION Staff recommends adoption of the FY 2003-04 Supplemental Budget and creation of the Street Maintenance Fee Fund. INFORMATION SUMMARY Certain conditions have changed that require additional appropriations in FY 2003-04; including the need to establish a new fund. These changes require the adoption of a supplemental budget by the City Council. The changes include the following: 1. A Street Maintenance Fee Fund needs to be created to track the revenues and expenditures for the Street Maintenance Fee that the City Council approved through Ordinance No. 03-10 on November 18, 2003. The City began billing for the fee in April 2004. In addition, there were certain costs associated with the implementation of the billing on the City's bi-monthly utility bill. The Street Maintenance Fee Fund now needs to reimburse the Central Services Fund for those costs. Costs incurred were for additional software programming and billing stock printing. Those costs were charged to the Financial Operations Division budget in the Central Services Fund and initially paid for by a transfer from the Central Services Fund Contingency. This Supplemental Budget will reimburse the Central Services Fund for these up front costs. 2. Because of favorable weather and construction conditions, the completion of the new library is ahead of schedule. The FY 2003-04 Adopted Budget was developed based upon a more extended construction period. Given the shortened schedule, additional appropriations are needed for the project in order to make payments to contractors and vendors as work is completed. This does not increase the overall cost of the budget. 3. The Capital Improvement Program (CIP) in the Sanitary Sewer Fund includes the City's Neighborhood Sewer Extension Program. Under the program, the City installs public sewers to each lot within a reimbursement district that is formed and the owners reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. Because of expanded activity and the additional work that was required on certain projects under the program, additional appropriations are needed to meet the expected expenditure levels. 4. The CIP in the Underground Utility Fund includes two major projects; Gaarde Street Phase 2 and Walnut Street (135th to 121St Ave). The Walnut Street project was not anticipated in the FY 2003-04 Budget. Under the Major Street Transportation Improvement Program (MSTIP), Washington County accelerated the schedule on this project which required the City to begin work on this project during the current fiscal year. 5. When the Dartmouth Avenue Local Improvement District (LID) was finalized and the properties assessed in 1998, two of the property owners protested the amounts assessed to their properties. In September 2003, the Court ruled in favor of the City of Tigard regarding the final assessments. After the ruling, the property owners requested Bancroft financing by signing installment agreements to pay their assessments over time. The City then issued a Bancroft bond in December 2003 to retire the bond anticipation note, which had been outstanding since the Dartmouth LID was finalized, and to finance the assessments for the property owners. The property owners will make semi-annual payments in April and October of each year until the assessment has been paid off. The City's first interest payment on the Bancroft bond was due in May 2004. This Bancroft bond was not included in the FY 2003-04 Budget as the City could not predict when or if the lawsuit would be settled, if the Court would rule in favor of the City, and whether or not the property owners would request Bancroft financing or pay off the assessments in lump sum. 6. In addition to the assessment payments for Dartmouth, the City has also received unanticipated early pay- offs on other assessments. These early pay-offs will allow the City to call the 1993-B Refunding bond early. By calling this bond now, the City will save over $10,000 in future interest payments. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Resolution, with Exhibit A, adopting the Supplemental Budget. FISCAL NOTES Total increase in appropriations of $719,700 in the Street Maintenance Fee Fund, Sanitary Sewer Fund, Facility Fund, Central Services Fund, Bancroft Debt Service Fund, and Underground Utility Fund. AGENDA ITEM N 88 Date: June 22, 2004 TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) CONSIDER A RESOLUTION FORMING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 SW MURDOCK STREET & I I 0®T" AVENUE Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\GREER\CCSIGNUP\PH TESTMNY FORM SAN SEWER DIST DOC AGENDA ITEM No. 8 Date: June 22, 2004 PLEASE PRINT Pronent - S eakin In Favor opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. =Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Prone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. i i 'r i i AGENDA ITEM # 8 FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No. 27 (SW Murdock Street 10& Avenue) PREPARED BY:_ G. Berm DEPT HEAD OK CITY MGR OK ~$"1--- ISSUE BEFORE THE COUNCIL Formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approval of the attached Resolution forming the Reimbursement District. INFORMATION SUMMARY On August 26, 2003, City Council considered the formation of this district. After reviewing the budget for the Neighborhood Sewer Extension Program for FY 2003-04, City Council directed staff to resubmit the request for formation such that construction would be funded in FY 2004-05. Thgroposed project would provide sewer service to seventy-four lots within the area bounded by SW 901, and 103 Avenues and SW Murdock and Sattler Streets. Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee of $2,435 ($2,535 effective July 1, 2004) before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. Another resolution to finalize the formation of the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Vicinity Map Communication Plan Notice to Owners Mailing List Resolutions No. 01- 46, 03-55 FISCAL NOTES Funding is by unrestricted sanitary sewer funds. 11erp~ep~eMDnament d6WCa27 mwlork. 1 22-0{ rein C0927 100th mWdock.doe i I i I r 100TH & MURDOCK SANITARY SEWER REIMBURSEMENT DISTRICT NO. 27 DISTRICT MAP W I PEMMWW SUM N M MURO < W coV DEL YONTE DRIVE pa"m < LANE EL COURT T-V LADY MARIDN DRIVE s HOODY N DRIVE aim I c 1 I waia» Communications Plan 100th Murdock Sanitary Sewer Extension Reimbursement District No. 27 Goal: Construction Sanitary Sewer Extension for Reimbursement District No. 27 Timeline: FY 04-05 Construction Season. Communication Goal: To communicate to property owners within the Sanitary Sewer Reimbursement District the estimated cost of connecting to the public sanitary sewer line, the construction schedule, and final cost for the Reimbursement District. Date Item Description Responsibility Explain Citywide Sanitary Sewer Extension Program Vannie 3/18/04 General Meeting to property owners proposed to be included in a Greg Reimbursement District for FY04-05 4/8/04 Neighborhood Meeting Notice Mail 4/22/04 meeting notice to proposed property Diane owners within proposed Reimbursement District. Bethany 4/8/04 Events Calendar/Web Page Post Meeting on Events Calendar and post map of Diane District on Reimbursement District website. Meet with property owners to review estimated costs Vannie 4/22/04 Neighborhood Meeting and construction activity. Greg Westlake 6/7/04 Formation Hearing Notice Mail Formation Hearing Notice to Property Owners Diane within prop osed Reimbursement District Bethany 6/22/04 Formation Hearing with CC Public Hearing with City Council to review formation Greg of proposed Reimbursement District. Mail Notice of City Council's Decision to property Diane 6/23/04 Notice of Decision owners within Reimbursement District Bethany Submit Advertisement to DJC to publish 6-15-04 and Diane 6/11/04 Advertisement TT to publish 6-17-04 for Construction of Bethany Reimbursement District. 6-29-04 Bid Opening Opening of Bids at public bid opening. Vannie Diane 6129/04 City Council Submittal Submit Agenda item summary - recommend contract Vannie be awarded to low bidder if appropriate. 7/13/04 City Council/LCRB City Council - Awards or rejects contract. Gus 7/14/04 Award Bid Send NOA and contract documents to lowest bidder Diane after awarded b CC. Bethany Inspector and Contractor meet prior to beginning 7/04 Pre-Construction Meeting work to go review proposed work and establish Mike Mills communication plan. 7/26/04 Notice to Proceed Issue NTP after Performance Bond and Insurance Diane Certificates received and contract is signed. Bethany 7/04 Traffic Control Plan Plan needs to be approved by construction inspector Mike Mills and ro"ect manager Vannie 7/04 Lateral Locations Confirm with property owners location of laterals Mike Mills 7/04-8/04 Construction Inspection Inspector is available to receive and respond to Mike Mills complaints 7/04 Construction Notice Hang Construction Notice on doorknobs of property Mike Mills owners impacted b project Contractor 9/04 Notice to property owners for Send hearing notice, Resolution, property owner Greg CC Assessment Hearing cost to each property owner. Diane/Bethany 9/04 Notice of Final Assessment I Send Resolution with attachments to each property Greg owner Diane/Bethany Prepared by: Diane M. Jelderks Senior Administrative Specialist Approved by: P. June 7, 2004 NOTICE Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, JUNE 22, 2004 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 TO CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 27. (SW Murdock Street, 100th Avenue) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW Murdock Street, 100th Avenue. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 503 639-4171 extension 2468. I..jWVVMWknnt>temnent rAstdcts127 mudocK 10Wftm vUont&22A1 rdm ds127100th mwdock notice 1.doc MuRDOCY% STRICT N0. 27 ooTH uRSEMENT pI r REIMB a SEDER pISTR1CT SAW, MAP K y-YREES oRY PEMBROp < K a 9875 9845 9905 of N 14720 9935 G go VA~AN'! 14780 011 EET 14785 ~,=e, 10155 BUR 10205 14820 D~K 9930 ~ 9862 14815 1007 10070 9980 17i1 14860 14800 p 1x15 N 10200 015 14865 9675 14895 c 14845 1711 14900 9705 14850 14940 14905 t cou 14915 14885 14910 14940 14965 z 14945 l 9700 9670 14980 a 14945 14950 14980 ° a 14925 14985 9665 9695 14980 15020 QE1, ~ONiE QRNE 1,4977 EE 1~,NE EU COURT 3 PEPP 15025 ¢ 15060 9700 9670 i 15040 15065 15025 15100 15055 15060 9725 9685 9825 15105 9765 9885 9845 9955 R EET 8900 \ kpOQV1E~N QRIVE 100TH & MURDOCK Reimbursement District No. 27 Estimated Cost to Properly Owners ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA (S.F.) COST TO PAID BY PAID BY CITY PROPERTY OWNER OWNER 1 ALEXANDER RONALD E 10150 SW MURDOCK ST 2S111CS00104 15500.10755 $9,933 $6,000 $3,933 2 ALEXANDER RONALD E 10150 SW MURDOCK 2S111CB00102 15500.04694 $9,933 $6,000 $3,933 3 AMODEO RICHARD D AND WANDA M 9765 SW SATTLER ST 2Si11CA13900 14543.14892 $9,319 $6,000 $3,319 4 ASSRA ANDREW J 9845 SW SATTLER ST 2S711CA14600 15427.38679 $9,886 $6,000 $3,886 5 BARTON RICHARD M & DIANE M 14915 SW 100TH AV 2S111CB02600 46337.92074 $29,694 $20,694 $9,000 6 BENJAMIN WARD AIKIMBERLY A 14860 SW 98TH AVE 2S111BDO0501 14444.68919 $9,256 $6,000 $3,256 7 BODEA GHERASIM & 15100 SW 98TH AVE 2S111CA14000 14201.35966 $9,100 $6,000 $3.100 8 BREITENSTEIN ROBERT W & 14945 SW 98TH AVE 2S1118DO1503 19163.73271 $12,280 $6,000 $6,280 9 CASE GLENN W & MARGARET A 9845 SW MURDOCK ST 2S111BD00316 15778.77437 $10.111 $6,000 $4,111 10 CERBU MIRCEA 15105 SW 98TH AVE 2S111CA14400 16059.82138 $10,291 $6,000 $4,291 11 COLLINS KELLY & 9670 SW DARMEL CT 2S111CA13400 13664.35272 $8,756 $6,000 $2,756 12 COMEGYS DONALD L IDA J 15060 SW 100TH 2S111CA15000 15429.17185 $9,887 $6,000 $3,887 13 CORLISS JAMES UCORA K 9750 SW INEZ 2S111BC02503 79736.16162 $51,095 $42,095 $9,000 14 CORRIGAN PATRICK H & KAREN A 14785 SW 98TH AVE 251116001603 20821.80108 $13,343 $6,000 $7,343 15 CROSS ROGER K III & CLARE E 10155 SW MURDOCK ST 2S111BC02401 20414.75698 $13,082 $6,000 $7,082 16 CURTISS GORDON P & 9725 SW SATTLER ST 2S111CA13800 14499.93598 $9,292 $6,000 $3,292 17 DAVISON STEPHEN ANN 15040 SW 100TH 2S111CA15100 15447.61997 $9,899 $6,000 $3,899 18 ESTRADA JOSE L & OLIVIA J 15060 SW 98TH 2S111CA14100 14444.85884 $9,256 $6,000 $3,256 19 EVEN MARC ROBERT & 9900 SW SATTLER ST 2S111CA00800 27610.38485 $17,693 $8,693 $9,000 20 FOSTER CRAIG A & CAREN L 10200 SW MURDOCK ST 2S111CB00103 15504.75194 $9,936 $6,000 $3,936 21 FURLOTT ELIZABETH URODNEY C 9685 SW SATTLER ST 2S111CA13700 13919.91657 $8,920 $6,000 $2,920 22 GALICH PATRICIA & 10205 SW MURDOCK ST 2S111BC02500 31975.04443 $20,490 $11,490 $9,000 23 GARNER DANIEL T AND 15065 SW 98TH AVE 2S111CA14300 18841.0227 $12,073 $6,000 $6,073 24 GOLDEN CAROL JEAN & 15020 SW 98TH 2S111BDO0507 14444.88115 $9,256 $6,000 $3,256 25 GUTHRIE DONALD Z & SUSAN C 10070 SW MURDOCK ST 2S111CB02000 14999.9609 $9,612 $6,000 $3,612 26 GUTHRIE DONALD Z & SUSAN C 10070 SW MURDOCK ST 2S111CB02100 16333.55831 $10,467 $6,000 $4,467 27 HEINKE MICHAEL & CATHRYN 14910 SW 100TH AVE 2S111BD01519 16437.77581 $10,533 $6,000 $4,533 28 HINTZ LESTER W 14845 SW 100TH 2S111CB02200 16404.31513 $10,512 $6,000 $4,512 29 IRVING JAMES A & KAREN D 10250 SW MURDOCK ST 2S111CB00101 15581.34997 $9,985 $6,000 $3,985 30 JOHNSON KENNETH AND 9695 DARMEL COURT 2S111BDO0601 14507.51077 $9,297 $6,000 $3,297 31 JONES MALCOLM Y AND 9885 SW SATTLER 2S111CA14700 16125.98842 $10,334 $6,000 $4,334 32 KALLSTROM EVELYN LOUISE 15025 SW 100TH 2S111CB01600 43276.94613 $27,732 $18,732 $9,000 33 KNEZ JOHN S JR & VICKI L 14980 SW 100TH AVE 25111 BD01513 17005.33173 $10,897 $6,000 $4,897 34 LEDBETTER RICHARD E & MARGARET 9905 SW MURDOCK ST 2S111BDO0318 15709.65022 $10,067 $6,000 $4,067 35 LEITNER CINDY B 14985 SW 98TH 25111 BD01400 19952.62975 $12,786 $6,000 $6,786 36 LOWERY LESLIE MARTIN & NORA M 14820 SW 98TH AVE 2S1118DO0503 14444.82109 $9,256 $6,000 $3,256 37 LUNDSTROM RICHARD & NAILA 9700 SW MARILYN CT 2S111BDO0412 14501.11024 $9,292 $6,000 $3,292 38 LUSK JOHN D & GWEN E 9862 SW MURDOCK ST 2S111BD01600 28420.31441 $18,212 $9,212 $9.000 39 MAYS KENNETH W & KARLEEN R 10115 SW MURDOCK ST 2S111BC02501 15028.03145 $9,630 $6,000 $3,630 40 MILLER DAVID LAND 14900 SW 98TH 2S111BDO0504 14444.55861 $9,256 $6,000 $3.256 41 MOLATORE STEPHEN R & DEBRA L 9955 SW SATTLER ST 2S111CA14800 16051.44588 $10,286 $6,000 $4,286 42 MOORE TIMOTHY & 14940 SW 98TH AVE 2S111BD00505 14444.60788 $9,256 $6,000 $3,256 43 MORLAN DENNIS M & ANN T TRS 14865 SW 98TH ST 2S111BDO1602 30813.1579 $19,745 $10,745 $9,000 44 MURPHY EDWARD J AND DANA S 9875 SW MURDOCK ST 25111 BDO0317 15744.21229 $10,089 $6,000 $4,089 45 NESS DYANN E 14977 SW 100TH AVE 2S111C802500 17617.30737 $11,289 $6,000 $5,289 46 NICHOLSON SHANE & 14895 SW 96TH AVE 2S111BDO0409 14215.65888 $9,109 $6,000 $3,109 47 ODELL ROBERT CHARLOTTE 14850 SW 100TH 2S111BD01801 23007.74376 $14,744 $6,000 $8,744 48 ONNIS DORIS AIROBERTO 15025 SW 98TH 2S111BDO1518 9356.96849 $5,996 $5,996 $0 49 ONNIS DORIS AIROBERTO 15025 SW 98TH AVE 25111 CA14200 17581.80018 $11,267 $6,000 $5,267 50 PALMER FAMILY TRUST 14980 SW 96TH AVE 2S111BD00700 15200.7139 $9,741 $6,000 $3,741 51 POEHLER EDWARD CARL 14940 SW 96TH AVE 2S111BD00407 15221.30645 $9,754 $6,000 $3,754 52 RICKER DEWEY E JR AND 9670 SW MARILYN COURT 2S111BDO0410 13664.86825 $8,757 $6,000 $2,757 53 RILEY DANIEL C 9935 SW MURDOCK ST 2S111BD00319 15675.08814 $10,045 $6,000 $4,045 54 RIVERMAN WILLIAM E INA 14950 SW 100TH 2S111BDO1514 17005.61159 $10,897 $6,000 $4,897 55 ROODAN DELLA L 9675 SW MARILYN COURT 2S111BDO0406 13683.24705 $8,768 $6,000 $2,768 56 RODGERS KENNETH A AND 14900 SW 96TH 2S111BD00403 15236.75488 $9,764 $6,000 $3,764 57 ROEMHILDT MARION 14980 SW 96TH ST 251118000506 14444.86076 $9,256 $6,000 $3,256 58 ROGERS MICHAEL R & ELIZABETH A 14815 SW 98TH 2S111BDO1601 14476.71198 $9,277 $6,000 $3,277 59 ROTHSCHILD KEITH S 14905 SW 98TH AVE 2S111BDO1509 20248.58608 $12,975 $6,000 $6,975 60 RYAN M LORRAINE ET AL 1711 NW 100TH ST 2S111BDO1702 18880.86049 $12,099 $6,000 $6,099 61 RYAN M LORRAINE ET AL 1711 NW 100TH ST 2S111BDO1701 21178.13195 $13,571 $6,000 $7,571 62 RYAN SCOTT PATRICK 1711 NW 100TH ST 2S1118DO1700 14036.66718 $8,995 $6,000 $2,995 I 63 SLAUGHTER JOHN A BEATRICE 15055 SW 100TH AVE 2S111C801601 45942.90520 $29,441 $20,441 $9,000 64 SLEEGER PRESTON A JR AND 14720 SW 100TH 2S111BDO0320 15437.32596 $9,892 $6,000 $3,892 65 SORENSEN JEROME H 9705 SW MARILYN CT 2SI11BDO0414 14506.01803 $9,296 $6,000 $3,296 66 STARKEY WILLIAM L & BONNIE K 9825 SW SATTLER ST 2S111CA14500 15494.99907 $9,929 $6,000 $3,929 67 STONE GEORGE L JR HELEN 9665 SW DARMEL COURT 2S111B000600 13669.36817 $8,759 $6,000 $2,759 68 THORNBURG PHILIP B & BARBARA J 14780 SW 98TH AVE 2S111BDO0508 14267.71464 $9,143 $6,000 $3,143 69 TRAKUL STANLEY A 14885 SW 100TH AVE 2S111CB02300 16413.77588 $10,518 $6,000 $4,518 70 WEBER WALTER N & 9960 SW MURDOCK 2S111BDO1802 19523.44932 $12,511 $6,000 $6,511 71 WHEATLEY ROBERT W & 14945 SW 100TH AVE 2S111CS02400 16413.74972 $10,518 $6,000 $4,518 72 WILCOX DALE G & NANCY A TRS 9700 SW DARMEL CT 2S111CA13300 14087.48501 $9,027 $6.000 $3,027 73 WINSTON MARK & ZSUZSANNA 14925 SW 100TH AVE 2S111CB02601 47937.20068 $30,718 $21,718 $9,000 74 ZENZANO NELSON & 14965 SW 96TH AVE 2S111BDO0411 14213.76957 $9,108 $6,000 $3,108 Totals 1412580 $905,191 $553,816 $351,375 $553,816 I:%ENGt2004.2005 FY OR100th 6 Murdock Sanitary Reimbursement Dist 27Vteimbursement By Areas Dist No 27.x1s12:37 PM PROJECT TOTAL- $905,191 100TH & MURDOCK Reimbursment District No. 27 Estimated Cost to Property Owners Summary Estimated Construction Cost $693,500 15% contingency (construction) $104,025 Estimated construction cost (plus contingency) $797,525 13.5% contingency (Admin $ Eng) $107,666 Total Estimated project costs $905,191 total area to be served (S.F.) 1,412,580 Total Estimated cost per S.F. to property owner $0.64 I.tNG12004-2005 FY CIP\100th & Murdock Sanitary Reimbursement Dist 27\Reimbursement By Areas Dist No 27.x1s72:37 PM CITY OF TIGARD, OREGON RESOLUTION NO.OI-4/P A RESOLUTION REPEALING RESOLUTION NO. 9"1 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15.000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.01~ Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled tq reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 tAl PASSED: This _ day of 2001. ayor Ci of 'and ATTEST: Recorder - City of ligard i j aWwWAReslResoludon Revising the Neighborhood sewer incentive Program L• C RESOLUTION NO.01- 41Y Page 2 TABLE i Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRE AVEN ST1WYNo.9 4,506 No reimbursement available HILLVIEW ST NO.11 61000 July 11, 2003 108T" & JOHNSON No.12 5,598 No reimbursement available IW"EINEZNoA3 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELAND&HERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O%1ARANo.17 81000 July 11,2003 'WALL NUT & 121sT No.10 - Amount to be reimbursed mil be Throo years from sarvioa availability ROSE VISTA No20 determined once final costs are detemllned. Currently being constructed L C i i r I i CITY OF TIGARD, OREGON RESOLUTION NO. 03- 555_ A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 0146, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay s a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO. 03- ,55 Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of Cr,+pb?x%-- 2003. Craig E. Dirksen, Council President ATTEST: City Recorder - City of Tigard k%&V @Wjekr&* wa dWkuvwAsknu m OI48 mg 2E 07bd 14 03 munla101401 adO w to m 1 16 mdx RESOLUTION NO. 03- 55 Page 2 urdock Street & IOOIh Avenue .,Murdock Street & 1001 h Avenue -HrlmhurrrajcnrDistrict Nn.I7 Ear -Hrlmhur+rmueDistrict No.27 Neighborhood Meeting- April 22, 2004 Total Estimated Cost- $905,200 1 Reimbursement Fee (Per Owner) :r $0.64 per square foot Rf The Reimbursement Fee will be reduced to $6,000 to extent that it does not exceed 515,000, for owners with connections completed within three years of the service becoming available. rWurdock Street & 100th Avenue -ReimArrmwPil UJarHcr No. 27 In addition, each owner will be required to pay: O $2,535 connection and inspection fee . funds treatment facility construction O $50 (average) service charge - per two months ► operation and maintenance of the entire system I 1 AGENDA ITEM N Date: June 22, 2004 TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) CONSIDER A RESOLUTION FINALIZING THE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 29 S1110' PARK STREET & DERRY DELL COURT Due to Time Constraints City Council May Impose A Time Limit on Testimony L AOMIGREERICCSIGNUPIPH TESTMNY FINALIZE SAN SEWER DISTMOC AGENDA ITEM No. 9 Date: June 22, 2004 PLEASE PRINT Pro onent - S eakin In Favor Opponent - S eakin Against) Neutral Name, Address & Phone No. Name, Address & Phone No. N , Address & Phone No. y ARRI5 H4y5r t3/0 boo 51ve l-I ~x vl rr~ 77 z 3 0/< Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. ark Street & Derry Dell Court h. urdock Street & 100th Avenue -Reimbursement District No. 27 -Reimbursement Mirlct No. 27 Total Final Cost- $782,706.24 Reimbursement Fee $1.0219 per square foot t Fee will be reduced to $6,000 The Reimbursemen ?AF► i to extent that it does not exceed $15,000, for ~]Ylll i L"r7 owners with connections completed within three years of the service becoming available. r r #rd6ck Street & 100th Avenue -Relmhur emeut tNWIct Na 27 In addition, each owner will be required to pay: 4 $2,535 connection and inspection fee . funds treatment facility construction O $50 (average) service charge - per two months operation and maintenance ofthe entire system 1 AGENDA ITEM # .°J FOR AGENDA OF June 22, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Finalize Formation of Sanitary Sewer Reimbursement District No. 29 (SW Park Street and Derry Dell Court) r./ PREPARED BY: G. Berry DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Finalize the formation of Sanitary Sewer Reimbursement District No. 29, established to construct sanitary sewers in SW Park Street and Deny Dell Court as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approve the proposed resolution, approving the formation of Reimbursement District No. 29 as modified by the final City Engineer's Report. INFORMATION SUMMARY Council approved the formation of Reimbursement District No. 29 by Resolution 03-33 on August 26, 2003. Since then, construction of the improvements has been completed and final costs have been determined. The City Engineer's Report has been revised accordingly. The estimated cost for the sanitary sewer construction appearing in Resolution 03-33 was $510,190. The contractor's bid of $485,894.50 plus $203,714.52 in contract amendments resulted in a final construction cost of $689,609.02. The final construction cost exceeds the estimated cost by $179,419.02 or 35%. The need to remove an additional amount of unsuitable soil from the sewer trench to provide an adequate foundation for the sewer accounts for $187,100 of the contract amendments. The remaining $16,614.52 of contract amendments resulted from extra work required to replace an undersized existing sewer, replace existing failed pavement, relocation of a lateral and adjustments to unit price quantities. L Through the City's Neighborhood Sewer Extension Program, the City has installed public sewers to each lot within K the Reimbursement District. The property owners must reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, property owners must pay a connection fee of $2,435 ($2,535 after June 30, 2004) and are responsible for disconnecting their existing septic system according to 1 Washington County rules and for any other modifications necessary to connect to the public sewer. There is no D requirement to connect to the sewer or pay any fee until connection is made. l J If Council approves this request to finalize the Reimbursement District, owners within the district will be notified that the sewer is available for connection. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST e Proposed Resolution o Exhibit A- Final City Engineer's Report o Exhibit B- Map • Resolution No. 03-33 • Vicinity Map • Notice to Owners o Mailing List • Communication Plan • Resolution No. 01-46 • Resolution No. 03-55 FISCAL NOTES Funding is by unrestricted sanitary sewer funds. I: WIftre9Vek hnWnW9 &WidSM deny dO. W2&ftftWW2241 Mm d* 29 ab.doe CITY OF TIGARD, OREGON RESOLUTION NO. 03-35 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRI .29 (SW PARK, DERRY DELL STREETS) WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, these property owners have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1 The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 29", attached hereto as Exhibit A, is hereby approved. SECTION 2 A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 29, SW Park and Derry Dell Streets." SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. i SECTION 6 This resolution is effective upon passage. i i RESOLUTION NO.03-33 Page 1 This at day of 1-valE) 2003. tt , ly r yor y gard ATT City Recor er - City of Tigar RESOLUTION NO. 03- 33 Page 2 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 29 (SW Park and Derry Dell Streets) Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the City of Tigard would install public sewers to each lot within a project area. At the time the property owner connects to the sewer, the owner would pay a connection fee of $2,435 and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit An existing sanitary sewer line in SW Watkins Avenue would be extended south and a sewer in SW 107`h Avenue would be extended east along Park Street and Cook Lane to serve forty-six lots as shown on Exhibit Map B. The proposed project would provide sewer service to forty-six lots along the entire unserved portions of SW Park Street, Derry Dell Court, Cook Lane and Watkins Avenue. Cost The estimated cost for the sanitary sewer construction is $510,189.23. This includes the $485,894.50 bid by the contractor plus a 5% contingency of $24,294.73. Engineering and inspection fees amount to $68,875.55 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $579,064.77. This is the amount that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their fair share of the total amount. However, the actual amount that each property owner pays is subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be required to pay an additional $2,435 connection and inspection fee when connection to the public line is made. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in this area are zoned R-4.5 but vary in lot size from about 10,000 square feet to over 22,000 as can be seen on the attached list of owners. Therefore, it is recommended that the total cost of the project be divided among the forty-six properties proportional to the square footage of each property. Resolution 01-46 limits this fee to $6,000 to the extent that it does not exceed $15,000 per owner for connections completed within three years of final approval of the City Engineer's Report. Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's estimated fair share of the public sewer line is $0.76 per square foot of the lot served. Each owner's fair share would be limited to $6,000 to the extent that it does not exceed $15,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution 01-46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Annual Fee Adiustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted August 12, 2003 Ag tin P. Duenas, PX. City Engineer J.Wn912003-20W fy dpWatrkt 29 (park. derry dee)%MvW esWish.dx Reimbursement District No. 29 Estimated Cost to Property Owners ESTIMATED OWNER SITE ADDRESS AREA (S.F.) COST TO PROPERTY OWNER 1 BARRETT HARLEY E 13150 SW WATKINS AVE 13926.64909 $10,529 2 BISHOP WILBUR A AND MARTHA E 10590 SW COOK LN 14646.50836 $11,073 3 BORCHERS VELLA M 10790 SW DERRY DELL 22358.89852 $16,904 4 BRADEN ROBERT W & KATHLEEN J 13175 SW WATKINS AVE 14429.44431 $10,909 5 BROWN HUBERT A 10820 SW DERRY DELL 16724.83997 $12,645 6 COLE TERRI J 13075 SW WATKINS AVE 18126.07349 $13,704 7 COUSINEAU STEVEN B & 10755 SW DERRY DELL 15367.02424 $11,618 8 FRAINEY BRIAN A & ABIGAIL J 10725 SW DERRY DELL 15366.98757 $11,618 9 FURRER ROSMARIE 10685 SW PARK ST 19762.54608 $14,941 10 GRAY GAYLE R 10660 SW PARK ST 14573.06828 $11,018 11 GROAT RANDALL S & CAROLYN J 13010 SW WATKINS 15404.02471 $11,646 12 GROENLUND DAVID RAND 10730 SW DERRY DELL 19533.50173 $14,768 13 GUSTIN RONALD L & TAMMY G 10670 SW DERRY DELL 19537.91667 $14,771 14 HAMMES ALFRED J HELEN L 13115 SW WATKINS AVE 14471.49969 $10,941 15 HANSEN HARRIS H SARA J 10610 SW DERRY DELL 17986.1348 $13,598 16 HARMON KATIE 13145 SW WATKINS AVE 14429.56599 $10,909 17 HATCH JAMES S/MARCIEL J & 13205 SW WATKINS ST 14347.22665 $10,847 18 HEINTZ BARRY E 10700 SW DERRY DELL 19537.74845 $14,771 19 HOLCOMBE GERALD A & 13485 SW WATKINS ST 14726.18773 $11,133 20 JENSEN RONALD M & 13000 SW WATKINS 20738.95548 $15,679 21 KOOL SCOTT D & CELIA C 10885 SW DERRY DELL 16201.93421 $12,249 22 KRAGER ROBERT WARREN 10655 SW PARK ST 20861.07951 $15,772 23 LEPPER CHAD & MI YOUNG 13060 SW WATKINS ST 14195.40658 $10,732 24 MCCUTCHAN ALBERT 10880 SW DERRY DELL 15118.21956 $11,430 25 MCGRIFF JAMES E/SHEILA M 10735 SW PARK ST 19211.32816 $14,524 26 MENDEZ JUDITH A 13090 SW WATKINS AVE 13905.98901 $10,513 27 MEYER DUANE FRANCIS 13210 SW WATKINS ST 13934.27425 $10,535 28 MIGUES RONALD P & DEBORAH R 13180 SW WATKINS AVE 13936.73103 $10,537 29 MILLER ALLAN S DOREEN J 10665 SW DERRY DELL 15365.72783 $11,617 30 MOELLER JOHN C & NANCY A 10695 SW DERRY DELL 15366.9509 $11,618 31 MURFINSIMMONS MATTHEW T & 13365 SW WATKINS ST 14375.98869 $10,869 32 NOLES DAVID R AND 10630 SW PARK ST 14667.82779 $11,089 33 PHAM SIMON C & REBECCA T 10640 SW DERRY DELL 19538.24056 $14,772 34 PONIATOWSKI-D'ERMENGARD 10665 SW COOK LANE 14468.20714 $10,938 35 PUGSLEY CLAYTON A & 10570 SW PARK ST 14778.43789 $11,173 36 RESLER MICHAEL D & BARBARA S 10620 SW COOK LANE 19574.84873 $14,799 37 ROSSBERG STEPHEN A 10605 SW COOK LN 14465.75477 $10,937 38 SAWKINS DOUGLAS S & 10815 SW DERRY DELL 16763.55464 $12,674 39 SHOLES LANCE M & 10634 SW COOK LN 19572.73686 $14,798 S 40 STOUDER CHARLES H TR & 10760 SW DERRY DELL 19537.0636 $14,771 41 TESSMAN OWEN H 10865 SW DERRY DELL 16199.23647 $12,247 42 TIPTON TROY P & MICHELLE J 10785 SW DERRY DELL 15367.06091 $11,618 43 WATSON GARY D & 13120 SW WATKINS AVE 13916.56716 $10,521 44 WEESE TERRY & DORI 10600 SW PARK ST 14764.34445 $11,162 45 WILLIAMS DAVID S 10635 SW COOK CT 14467.42728 $10,938 46 WINTERS GERRY L 10625 SW PARK ST 29375.61232 $22,209 Totals 765925.35 $579,064.77 PARK STREET & DERRY COURT SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #29 3s po q~, 1 U10 Npqu S j ?SID?90pJt 0/NS i 30~ 3Ugii3Ug u Z3yy0 y3 ~~g LEPPER CHAD r lV 13060 SW ` o O r o vi V I o c g < WATX/NS AVF N op, ~ 3 0 2S10JDA00100 omo WO O Zoe 8 ~Q Y C^N In^N10N QN N U~N 3 MENDEI ✓ V17H A \ WA7K/N' W A 'r DERRY I I `DELL CT 2S1oJDAOO2oo U U U V U V V BROWN HUBERT A a : AMMES ALFRED ✓ WATSON 7£SSMAN OWEN H 10820 SW 48 5: i~ •S V y WA7K M~g J SW W4W-IN GARY 10885SW DERRY DELL DERRY DELL CT NS AVE 25IOTpA0200 2SIOJDAO?<00 0 o a o O ~S 2S103DA01000 ? 2~y _ 2Sf030A~300 y~~ ,o` `c J 0 0 ' o MCCU7CHAN ALBERT N o ff o N i g N j o N g N y N HARMAN KA7/f h KOOL SCOTT D $ CEL/q 10880 SW L' C! n CS Z o 1J145 SW Z ARRETT HARLEY 110885 SW DERRY DELL DERRY pE7E m0 c w g i4 WA7K/NS AW 13150 SW 2S103DA02100 2S103DAD2J00 ?SIOJDAOpgpp 2S10JD WATJ'DAAb£ .Q 0 W 0400 - - ~ I y ~ ~ ~ RADEN ROBER 3 ~y $ W Y 3 h j h 13175 SW T M/CUES RONALD P I J t o WA 7X /NS ALE 73180 SW ! i 4 4 'Y, ry ?S10IDA00800 W4 WINS AVE k 2S]OMA00500 HAfMqAyr S MEMRDUANEF TK /NS AI k g 2510 fpA00 W WA IJ210 SW 2S OMA00800 NOTE; See Exhibit B (pg 2) All properties in the reimbursement district are zoned R4.5 EXHIBIT B (py NTS PARK STREET & DERRY COURT SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #29 See Exhibit B (pg 1) PARK ST cc to C ~ Y ~ g N I :bN~N a8N y^j O O Ga.O Q h~ "y to g _ g m" COOK LN ri ~ Yr ~~r NOTE: All properties in the reimbursement EXHIBIT B ~pg 2) district are zoned R4.5 NTS STREET & DERRY COURT NT DISTRICT #29 PARK SANITARY SEWER IMPROVEMENTS REIMBURNE 3 T2S R1W W•M' A PORTION OF THE NE 1/4 OF SECT10 r.7`. DERRY DELL Cf f y c~ MIRA C lL COOK - ! J O ( f 1`~ 1 IST ' f VICINITY MAP NTS gloom June 7, 2004 NOTICE of PUBLIC HEARING Tuesday, June 22, 2004 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on June 22, 2004 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Engineering Department at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 718-2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 29 (SW Park, Derry Dell Court and Watkins Avenue). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 29 formed to install sewers in SW Park, Derry Dell Court and Watkins Avenue. Each property owner's recommended fair share of the public sewer line is $1.0219 per square foot of the lot served as shown on the enclosed. For owners with a fair share amount of $15,000 or less, the owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution 01- 46. For owners with fair share amounts over $15,000, the owners' fair share would be limited to this $6,000 plus the amount the fair share exceeds $15,000. Under Resolution 03-55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. Please call Greg Berry of the Engineering Department 503-718-2468 if you have questions. I:krgtpMWmbursement distdctst29 decry dell. wnIWmNn2W224W relm dlst 29 notice 3.d0e PARK STREET & DERRY COURT SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #29 130100 SW~O S ?S1028Z S ~S LEPPER CHAD ` V 2 V i ; 2 c 13060 SW ~n ~$;o$;v$ ~3 OS; r i$c lV WAIA7NS AIDE 2S103DA001pp Sj cs c ~ N z$~O °a~ Z° w ,H ^oN ~N MENDEZ JUDITH A {c N of ° N 3 IM90 SW $ WAnONS AW 2SIOMA00200 DERRY DELL CT U M U ALFRED J WATSQV CORY 0 15115 SW TK/NS AW WAIJ120 SW U xv p $ ~Q$ Jp$ U ~ X08 WA TK/NS AVE BROMN HUBERT A yg~ $ S ^ m > N "a 2SIOJDAOI000 2S103DA00J00 01 8 TES9/W DERRY H 108"0 N N at Q 10865 5W DERRY DELL PERRY OEff LL CT o a o m § c+ $ 2SI03DA0200 2SI03DA02400 h W< < 2 s z Q o cS;;^h HARMON KARE ~N =~N t~,oN =°N WA1K45 Sw ARR rHSARLEY rJ1 N INS AVE KOOl, SCOTT D & CEUA MC CUR ~ o $ g 2SY03DA00900 Q ? 7XINS AVE IOWS SW DERRY DELL DERRY DELL o ° \ MOMA02100 2WOMA02J00 ADEN ROBERT 1 OCUES RONALD P N 13180 SW t"N h$ >y$ WA1KlNS lE WATKINS AVE g A ~ ~ ~ k s~ ~ 34 O 2S103DA00800 2SIOJOAODS00 (Ek h N 2 N H HATCH JAMES S ME1£R DUANE F g }t 42 Zf v~ g 13205 SW IJ210 SW WATKINS AVE WATKINS AVE Y g 2SIOMA00700 2S10JDA00600 SS SS PARK ST See Exhibit B (p g 2) NOTE: All properties in the reimbursement EXHIBIT B (pg 1 district are zoned R4.5 NTS PARK STREET & DERRY COURT SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #29 See Exhibit B (pg 1) PARK ST / 1~Y SYSx*~ kY ~~gqz v;i'$ hly N ~ ~WytNp'y~>4~'~ N ~bN~N SpN ~j~N g g g o.. COOK LN CA At.; ppig I AR S,SSS Adi ~p5( w NOTE: All properties in the reimbursement EXHIBIT B 2 district are zoned R4.5 NTS Reimbursement District No. 29 Cost to Property Owners Based on Final Construction Cost FINAL COST OWNER SITE ADDRESS AREA (S.F.) PROPTO PAID BY ERTY OWNER PAID BY CITY OWNER 1 DUCAN JAN & BARRETT TIM 13150 SW WATKINS AVE 13926.64909 $14,232 $6,000 $8,232 2 BISHOP WILBUR A AND MARTHA E 10590 SW COOK LN 14646.50836 $14,967 $6,000 $8,967 3 BORCHERS VELLA M 10790 SW DERRY DELL 22358.89852 $22,849 $13,849 $9,000 4 BRADEN ROBERT W & KATHLEEN J 13175 SW WATKINS AVE 14429.44431 $14,746 $6,000 $8,746 5 BROWN HUBERT A 10820 SW DERRY DELL 16724.83997 $17,091 $8,091 $9,000 6 COLE TERRI J 13075 SW WATKINS AVE 18126.07349 $18,523 $9,523 $9,000 7 COUSINEAU STEVEN B & 10755 SW DERRY DELL 15367.02424 $15,704 $6,704 $9,000 8 FRAINEY BRIAN A & ABIGAIL J 10725 SW DERRY DELL 15366.98757 $15,704 $6,704 $9,000 9 FURRER ROSMARIE 10685 SW PARK ST 19762.54608 $20,196 $11,196 $9,000 10 GRAY GAYLE R 10660 SW PARK ST 14573.06828 $14,892 $6,000 $8,892 11 GROAT RANDALL S & CAROLYN J 13010 SW WATKINS 15404.02471 $15,742 $6,742 $9,000 12 GROENLUND DAVID R AND 10730 SW DERRY DELL 19533.50173 $19,961 $10,961 $9,000 13 GUSTIN RONALD L & TAMMY G 10670 SW DERRY DELL 19537.91667 $19,966 $10,966 $9,000 14 HAMMES ALFRED J HELEN L 13115 SW WATKINS AVE 14471.49969 $14,789 $6,000 $8,789 15 HANSEN HARRIS H SARA J 10610 SW DERRY DELL 17986.1348 $18,380 $9,380 $9,000 16 HARMON KATIE 13145 SW WATKINS AVE 14429.56599 $14,746 $6,000 $8,746 17 HATCH JAMES S/MARCIEL J & 13205 SW WATKINS ST 14347.22665 $14,662 $6,000 $8,662 18 HEINTZ BARRY E 10700 SW DERRY DELL 19537.74845 $19,966 $10,966 $9,000 19 HOLCOMBE GERALD A & 13485 SW WATKINS ST 14726.18773 $15,049 $6,049 $9,000 20 JENSEN RONALD M & 13000 SW WATKINS 20738.95548 $21,193 $12,193 $9,000 21 KOOL SCOTT D & CELIA C 10885 SW DERRY DELL 16201.93421 $16,557 $7,557 $9,000 22 KRAGER ROBERT WARREN 10655 SW PARK ST 20861.07951 $21,318 $12,318 $9,000 23 LEPPER CHAD & MI YOUNG 13060 SW WATKINS ST 14195.40658 $14,506 $6,000 $8,506 24 MCCUTCHAN ALBERT 10880 SW DERRY DELL 15118.21956 $15,449 $6,449 $9,000 25 MCGRIFF JAMES E/SHEILA M 10735 SW PARK ST 19211.32816 $19,632 $10,632 $9,000 26 MENDEZ JUDITH A 13090 SW WATKINS AVE 13905.98901 $14,211 $6,000 $8,211 27 MEYER DUANE FRANCIS 13210 SW WATKINS ST 13934.27425 $14,240 $6,000 $8,240 28 MIGUES RONALD P & DEBORAH R 13180 SW WATKINS AVE 13936.73103 $14,242 $6,000 $8,242 29 MILLER ALLAN S DOREEN J 10665 SW DERRY DELL 15365.72783 $15,702 $6,702 $9,000 30 MOELLER JOHN C & NANCY A 10695 SW DERRY DELL 15366.9509 $15,704 $6,704 $9,000 31 MURFINSIMMONS MATTHEW T & 13365 SW WATKINS ST 14375.98869 $14,691 $6,000 $8,691 32 NOLES DAVID R AND 10630 SW PARK ST 14667.82779 $14,989 $6,000 $8,989 33 PHAM SIMON C & REBECCA T 10640 SW DERRY DELL 19538.24056 $19,966 $10,966 $9,000 34 PONIATOWSKI-D'ERMENGARD 10665 SW COOK LANE 14468.20714 $14,785 $6,000 $8,785 ' 35 PUGSLEY CLAYTON A & 10570 SW PARK ST 14778.43789 $15,102 $6,102 $9,000 36 RESLER MICHAEL D & BARBARA S 10620 SW COOK LANE 19574.84873 $20,004 $11,004 $9,000 37 PATINO CARLOS SR & BLANCA 10605 SW COOK LN 14465.75477 $14,783 $6,000 $8,783 38 SAWKINS DOUGLAS S & 10815 SW DERRY DELL 16763.55464 $17,131 $8,131 $9,000 39 SHOLES LANCE M & 10634 SW COOK LN 19572.73686 $20,002 $11,002 $9,000 40 STOUDER CHARLES H TR & 10760 SW DERRY DELL 19537.0636 $19,965 $10,965 $9,000 41 TESSMAN OWEN H 10865 SW DERRY DELL 16199.23647 $16,554 $7,554 $9,000 42 TIPTON TROY P & MICHELLE J 10785 SW DERRY DELL 15367.06091 $15,704 $6,704 $9,000 43 WATSON GARY D & 13120 SW WATKINS AVE 13916.56716 $14,221 $6,000 $8,221 44 WEESE TERRY & DORI 10600 SW PARK ST 14764.34445 $15,088 $6,088 $9,000 45 WILLIAMS DAVID S 10635 SW COOK CT 14467.42728 $14,784 $6,000 $8,784 46 WINTERS GERRY L 10625 SW PARK ST 29375.61232 $30,019 $21,019 $9,000 Totals 765925.35 $782,706.24 $375,221 $407,486 $375,221 PROJECT TOTAL= $782,706 Reimbursement District No. 29 Cost to Property Owners Based on Final Project Cost Summary Final Construction Cost $689,609.02 13.5% contingency (Admin & Eng) $93,097.22 total project costs $782,706.24 total area to be served (S.F.) 765,925.35 total cost per S.F. to property owner $1.0219 2S103DA-05900 2S102BC-03400 BISHOP WILBUR A AND MARTHA E GROAT RANDALL S & CAROLYN J PO BOX 23832 13010 SW WATKINS TIGARD, OR 97281 TIGARD, OR 97223 2S103DA-02500 2S103DA-02700 BORCHERS VELLA M GROENLUND DAVID R AND 10790 SW DERRY DELL CT CONSTANCE J M TIGARD, OR 97223 10730 SW DERRY DELL TIGARD, OR 97223 2S103DA-00800 2S103DA-02900 BRADEN ROBERT W & KATHLEEN J GUSTIN RONALD L & TAMMY G 13175 SW WATKINS 10670 SW DERRY DELL CT TIGARD, OR 97223 TIGARD, OR 97223 2S103DA-02400 2S103DA-01000 BROWN HUBERT A HAMMES ALFRED J HELEN L 10820 SW DERRY DELL CT 13115 SW WATKINS AVE TIGARD, OR 97223 TIGARD, OR 97223 2S103DA-01100 2S103DA-03100 COLE TERRI J HANSEN HARRIS H SARA J 13075 SW WATKINS AVE 10610 SW DERRY DELL TIGARD, OR 97223 TIGARD, OR 97223 2S103DA-01600 2S103DA-00900 COUSINEAU STEVEN B & HARMON KATIE COUSINEAU JESSICA L 13145 SW WATKINS AVE 10755 SW DERRY DELL CT TIGARD, OR 97223 TIGARD, OR 97223 2S103DA-00400 2S103DA-00700 DUNCAN JAN & HATCH JAMES S/MARCIEL J & BARRETT TIM HATCH KEVIN SCOTT TRUSTEES 14455 SW BEEF BEND RD #15 13205 SW WATKINS TI{pARD, OR 97224 TIGARD, OR 97223 2S103DA-01500 2S103DA-02800 FRAINEY BRIAN A & ABIGAIL J HEINTZ BARRY E 10725 SW DERRY DELL CT TAMARA R TIGARD, OR 97223 10700 SW DERRY DELL CT TIGARD, OR 97223 2S103DA-03300 2S103DA-06000 FURRER ROSMARIE HOLCOMBE GERALD A & 10685 SW PARK BELINDA M TIGARD, OR 97223 13485 SW WATKINS ST TIGARD, OR 97223 2S103DA-04300 2S102BC-03500 GRAY GAYLE R JENSEN RONALD M & 10660 SW PARK ST JENSEN ERI K TIGARD, OR 97223 13000 SW WATKINS AVE TIGARD, OR 97223 2S103DA-02100 2S103DA-04900 KOOL SCOTT D & CELIA C MURFINSIMMONS MATTHEW T & 10885 SW DERRY DELL CT MICAHLE TIGARD, OR 97223 13365 SW WATKINS TIGARD, OR 97223 2S103DA-03290 2S103DA-04400 KRAGER ROBERT WARREN NOLES DAVID R AND 10655 SW PARK STREET MARGARET L TIGARD, OR 97223 10630 SW PARK ST TIGARD, OR 97223 2S103DA-00100 2S103DA-05000 LEPPER CHAD & MI YOUNG PATINO CARLOS SR & BLANCA 13060 SW WATKINS AVE 10605 SW COOK LN TIGARD, OR 97223 TIGARD, OR 97223 2S103DA-02300 2S103DA-03000 MCCUTCHAN ALBERT PHAM SIMON C & REBECCA T 10880 SW DERRY DELL 10640 SW DERRY DELL CT TIGARD, OR 97223 TIGARD, OR 97223 2S103DA-03400 2S103DA-05200 MCGRIFF JAMES E/SHEILA M PONIATOWSKI-D'ERMENGARD 10735 SW PARK ST MARIE LORRAINE TIGARD, OR 97223 10665 SW COOK LN TIGARD, OR 97223 2S103DA-00200 2S103DA-04600 MENDEZ JUDITH A PUGSLEY CLAYTON A & 13090 SW WATKINS AVE FREEMAN-PUGSLEY CAMIE TIGARD, OR 97223 10570 SW PARK ST TIGARD, OR 97223 2S103DA-00600 2S103DA-05800 MEYER DUANE FRANCIS RESLER MICHAEL D & BARBARA S ANNIE ELIZABETH 10620 SW COOK LN 13210 SW WATKINS AVE TIGARD, OR 97223 TIGARD, OR 97223 2S103DA-00500 2S103DA-01800 MIGUES RONALD P & DEBORAH R SAWKINS DOUGLAS S & 13180 SW WATKINS AVE CAROLYN M PORTLAND, OR 97223 10815 SW DERRY DELL CT TIGARD, OR 97223 2S103DA-01300 2S103DA-05700 MILLER ALLAN S DOREEN J SHOLES LANCE M & 10665 SW DERRY DELL COURT ALFANO KRISTEN A TIGARD, OR 97223 10634 SW COOK LN TIGARD, OR 97223 2S103DA-01400 2S103DA-02600 MOELLER JOHN C & NANCY A STOUDER CHARLES H TR & 10695 SW DERRY DELL CT SUSAN K TIGARD, OR 97223 10760 SW DERRY DELL CT TIGARD, OR 97223 2S103DA-02000 TESSMAN OWEN H 10865 SW DERRY DELL CT TIGARD, OR 97223 2S103DA-01700 TIPTON TROY P & MICHELLE J 10785 SW DERRY DELL CT TIGARD, OR 97223 2SI03DA-00300 WATSON GARY D & KEENER SANDRA S 13120 SW WATKINS AVE TIGARD, OR 97223 2S103DA-04500 WEESE TERRY & DORI 10600 SW PARK ST TIGARD, OR 97223 2S103DA-05100 WILLIAMS DAVID S 10635 SW COOK LN TIGARD, OR 97223 2S103DA-03201 WINTERS GERRY L PO BOX 1627 SHERWOOD, OR 97140 Communications Plan SW Park Street, Derry Dell Court Sanitary Sewer Reimbursement District No. 29 Goal: Provide sanitary sewer service to all owners within the proposed reimbursement district. Timeline: FY 03-04 Construction Season. Communication Goal: To communicate to property owners within the Sanitary Sewer Reimbursement District the estimated cost of connecting to the public sanitary sewer line, the construction schedule, and final cost for the Reimbursement District. Date Item 0 Description Responsibility 5/20/03 Advertisement Submit Request for Bids to Daily Journal Engr. Manager of Commerce and Tigard Times 6/3/03 Bid Opening Public bid opening. Engr. Manager 6/17/03 Neighborhood Meeting Mail Meeting Notice to property owners Engr. Manager Notice within the proposed reimbursement district 7/9/03 Neighborhood Meeting Meet with property owners to review Engr. Manager estimated costs and projects schedule 8/13/03 Hearing Notice Mail Notice of Hearing for the formation of Project Engr. the reimbursement district to owners City Council considers formation of the 8/26103 Formation Hearing proposed sanitary sewer district Project Engr. 9/9/03 Award Contract Local Contract Review Board considers Engr. Manager awarding the contract for construction Notice of Decision for the Mail Notice of Decision to property owners 8/28/03 formation of the district within the district Project Engr. Pre-Construction Meeting with the contractor to review 9/17/03 re uiremen Engr. Tech Meeting ts of the project 9/17/03 Notice to Proceed Direct contractor to begin work. Engr. Manager Signs were placed and doorhanger notices 9/17/03 Traffic Control Plan were distributed as construction Engr. Tech progressed. During Lateral Locations Confirm with property owners location of Engr. Tech construction laterals 2 days before Hang Construction Notice on doorknobs of construction Construction Notice roe owners impacted b project Engr. Tech As required Construction Inspection Inspector is available to receive and Engr. Tech res and to complaints 6/7/04 Notice to owners of Mail hearing notice, proposed resolution, Project Engr. hearing to finalize district and final cost to each owner. Notice of approval of the Mail approved resolution to each property 6/24/04 resolution to finalize the owner along with notice that the sewer is Project Engr. district available for connection Prepared by: Greg N. Berry 6/7/04 Approved by: p- hergVregVelmdrfanent 01sLigs d del. w21klmWnA8.22-04 relm Olst 29 m unkado .0oc CITY OF TIGARD, OREGON RESOLUTION NO. 01- 4 AP A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.01 Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the finding source for the Neighborhood Sewer Minibursement District Program, shall provide the finding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 J-A PASSED: This - b day o2001. 0 I-1 J L.We .11 ayor Ci of ' and ATT'EST: L&ALp A) Recorder - City of 'hgard I:\Citywide~Res~Resolutim Revising the Neighbortbod Sewa Incmtin Program RESOLUTION NO.01-~(1 Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIOARD ST.No.8 5,193 No reimbursement available FAIRHAVEN STANYNo.9 4,508 No reimbursement available HILLVIEW ST No.11 81000 July 11, 2003 108'x' & JOHNSON No.12 5,598 No reimbursement available 100'x' b INEZ No.13 8.000 July 11,2003 WALNUT d TIEDEMAN No.14 8,000 July 11.2003 BEVELAND&HERMOSA No.15 5,038 No reimbursement available DELMONTE No.18 8,000 July 11,2003 07AARANo.17 8,000 July 11,2003 WALNUT & 121° No.18 - Amount to be reimbursed will be Throc yoom from servlce avaNability ROSE VISTA No20 determined once final costs are determined. Currently being tbrlatnlcled CITY OF TIGARD, OREGON RESOLUTION NO.03-5, A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION N0.03- 5 Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of Qt:+o ~ 2003. -W;gz City Of Tigwd Craig E. Dirksen, Council President ATTEST: 1 City Recorder - City of Tigard tldglpepVdmOufsnwrt dbWdsVwAd s=01.46 aq 2003WO 1403 camM10-1407 adMw to m 146 mdw RESOLUTION NO. 03- ,5,5 Page 2 o e AGENDA ITEM to:::,0 Date: June 22, 2004 PUBLIC COMMENT SIGN-UP SHEEP Please sign on the following page(s) if you wish to testify before City Council on: BULL. MOUNTAIN ANNEXATION SUBCOMMITTEE WHITE PAPERS Due to Time Constraints City Council May Impose A Time Limit on Testimony 1: 1ADIMMEEMCSIGNUPTC TESTMNY UPDATED.DOC n . s l AGENDA ITEM No. 10 Date: June 22, 2004 PLEASE PRINT Pro onent -(Speaking In Favor Opponent - S eakin Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. r_K~ vcczs E~ N (W~ L-t "LLt- l &G~`s e4 1O94~~u K/EI/G C0 q72 ,q b3_19 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. NI~~~ G'r2ou how" ~e~y ~s sos f i6Sas s~ C ►n y I` ts0 s w ~y l I (96.,dotZ 17zz4 ®r2 Kl lU c- C, 1r 7 Name, Address & Phone Nog Name, Address & Phone No. Name, Address & Phone No. Sv )1 U e S V ~ = 3-s~9-3gYC Imp Q~ Of) rd IP s0 974, y Name, Address Phone No. Name, Addpas & Phone No. Name, Address & Phone No. 13(bo ` ~L ~ SCQ) 13 3 w /G-~j cl y~~a3 i a v c0 mac. ,D3 .5 r`5 g7ZZV Name, Address & Phone No. Name, AdTv~tcAe & Phone 70. Name, Address & Phone No. 44-01V IK I LlS 35 L,, ) cl~ A 0 /Z_ Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 1,5'/~! s SW ~~h ~Yt ~v z AGENDA ITEM No. 10 Date: June 22, 2004 PLEASE PRINT Pro onent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. f S-1 `t ? S ta/ (~,VW&16T- 5-a3 5--7p6gy Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 1 LP 5S w ! k,~ Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. WC-(/4 Name, Address & Phone No. Name, Address & Phon No. Name, Address & Phone No. C i.0. ll p , , iZa~ f -S 7 2 9 5,-j c-/ 7-"j Vj tv'7 O(L 9-7 6-10-S)579-4dS6 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. l~ ~Gb s i,J l~ 1G 9 i Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. '~71~en Aw"Alem 7sw 137A4 C3) AGENDA ITEM No. 10 Date: June 22, 2004 PLEASE PRINT Pro nent- (Speaking In Favor Opponent - S eakin Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phoi-,c N3. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # 1 0 FOR AGENDA OF 6/22/04 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Receive Public Comment and Consider a Resolution Acknowledging the Bull Mountain White Papers PREPARED BY: Jim Hendryx DEPT HEAD OK ~ 'C'CITY MGR OK .11 jl~ -J' ISSUE BEFORE THE COUNCIL Receive public comment on the Bull Mountain White Papers submitted by the Parks and Open Space, Planning, Police, and Streets subcommittees. Consider a resolution acknowledging the Bull Mountain White Papers. STAFF RECOMMENDATION Receive public comment and acknowledge by resolution the Bull Mountain White Papers from the Parks and Open Space, Planning, Police, and Streets subcommittees. INFORMATION SUMMARY On December 16, 2003 Council voted to take no action on the Bull Mountain Annexation Plan as proposed, with the intent of placing it on a November, 2004 ballot. On January 27, 2004, Council voted to establish various subcommittees to provide additional time for public discussion and understanding of key impacts, including costs and benefits of annexation. The four subcommittees appointed included Parks and Open Space, Planning, Police, and Streets. The subcommittees were made up of equal numbers of representatives from unincorporated Bull Mountain and City residents appointed by Council. Staff from the County and City assisted the subcommittees. The subcommittees were charged with producing a White Paper of recommendations on their assigned issue by the end of May, 2004. The subcommittees completed their task on time after meeting individually over the previous three months. The White Papers have been posted on the City's Web Page. Subcommittee representatives presented their White Papers to Council at the June 15'' meeting. C The next step in the process is to receive public comment and consider a resolution acknowledging the White Papers. Council has the option to take action on the resolution at the conclusion of public comments on the 22a, or if there is extensive testimony, Council can continue the matter to June 23`a and 24th i i I OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life, Goal #1, Communication - Citizen involvement opportunities will be maximized by providing educational programs on process, assuring accessibility to information in a variety of formats, providing opportunities for community input on community issues and establishing and maintaining a program of effective two-way communications. Growth and Growth Management Goal #2, Urban services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. ATTACHMENT LIST Attachment 1: A Resolution of the City Council of the City of Tigard Acknowledging the White Papers Related to the Provision of Urban Services in the Bull Mountain Area. Exhibit A: Bull Mountain Annexation White Paper on Parks and Open Spaces Exhibit B: Bull Mountain Annexation White Paper on Planning Exhibit C: Bull Mountain Annexation Police Services Subcommittee White Paper Exhibit D: Bull Mountain Annexation Streets Subcommittee White Paper FISCAL NOTES N/A I L r, ~i i i Entered into the Record on (Q 2 6 By -TOM Fe r q ttswn / Bull Mt White Papers Agenda Item # 10 _ Exhibit # ~tayo~ Councilors, I~^ s I have read the white papers and I just do not think that the City of Tigard is offering any real new value to the residents of Bull Mt. Additionally, the proposed annexation plan and the lack of real improvements to streets will adversely impact my rights because I run along the streets the City is proposing to annex. For example, the white paper on Streets outlines maintenance and capital improvements. This paper concludes that the maintenance is reduced by over half. Does this mean that we will begetting fewer road maintenance benefits? From this report, our roads are in great shape, are they going to diminish over time? Bull Mountain Streets are in great shape, are Tigard's streets just as good? Why are our overall taxes increasing? Are we just paying for more administrative government and less on roads? The capital projects are vague at best. Two streets are mentioned; Bull Mountain and 150th Avenue but no plan and no money, just costs. Oh yes, MSTIP money is mentioned but this is available to us today. I want to hear a plan that "urbanizes" Bull Mt Road. We have the road, the only thing missing is how to make it pedestrian safe. One way this could happen is with side walks but this is not mentioned in this paper. A school will be built soon but no one seems to recognize that kids will go play at this school but they will not even be able to walk safely to this new school. This is the case with beer Creek elementary and many have testified about that in the past. No improvements have been suggested for Beef Bend Rd to address this issue either. If you haven't noticed, we have no open spaces so the schools will be the only choice thanks to the county's lack of parks planning. What is an example of a plan to urbanize Bull Mt Road consist of? First of all, a vision, list of the improvements, the cost associated to each improvement, the funding and the date that they will be delivered. Now this is a plan. We currently have a deficient plan that only states costs, $8,050,000 to widen roads and maintenance costs. If we get annexed, I hope Bull Mt Road will not become another unfriendly to pedestrians Tigard 1 D Z.. collector street like McDonald, just to name one. If so, then city life is not for me. Please take some time and figure out a plan that gives detail (vision,improvements, costs, funding and dates) of what new benefits that Bull Mt residence can expect for the increased taxes if annexed. This is what we need to make an informed decision. If it is status quo, I would rather not be annexed. .--rm l( (/5.S&/) Gc] l q/ ~ve o(L 97Zz y 2 of Z Entered into the Record on Tan Fcr ss on fa' CITIZEN PARTICIPATION ORGANIZATION 4B By No/ BULL MOUNTAIN/TIGARD BOUNDARY AREA Agenda Item # l0 Exhibit # 2 RESOLUTION NO. 04-01 A RESOLUTION DIRECTING THE MAYOR AND COUNCIL MEMBERS OF THE CITY OF TIGARD TO OPPOSE THE ADOPTION OF THE BULL MOUNTAIN WHITE PAPERS AS OUTLINED. WHEREAS, the Bull Mountain White Papers were drafted to meet 3 objectives ➢ Develop an approach for transition of key urban services that occurs through annexation ➢ Provide additional venue for public involvement and discussion A Develop a strategy for implementation of the Annexation Plan, e.g., funding, planning, etc.; and WHEREAS, Tigard City Council advised staff to take no action on the Annexation Plan as proposed due to an outpouring of input from citizens who presented hours of public testimony on December 2"d, 2003 highlighting the lack of citizen involvement in the Annexation Plan; and WHEREAS, four urban services were studied in anticipation of highlighting the benefits of the Bull Mountain Annexation Plan (Parks, Planning, Police, and Street Maintenance) rather than 6 urban services as suggested by citizens (Library, Capital Improvements, Parks, Planning, Police, and Street Maintenance); and WHEREAS, the White Papers were designed to set out commitments or as stated by the Mayor "to craft a specific set of promises concerning how and when the City of Tigard would bring services and improvements to the annexed area." (Oregonian December 3, 2004); and WHEREAS the four subcommittees consisting of at least one member of the appropriate City of Tigard Department, the appropriate counterpart from Washington County, and an equal number of private citizens chosen from the Bull Mountain area and the City of Tigard studied a specified subject area and were charged with the task of creating a White Paper to be completed and ready for public review by June 2004; and WHEREAS, the White Papers could be modified and changed by council if for any reason they undermined the validity of the Annexation Plan; and WHEREAS, the White Papers would be adopted by a separate resolution to separate the land use process associated with the Annexation Plan from the public outreach process. (Memorandum Jim Hendryx January 13, 2004). NOW, THEREFORE, BE IT RESOLVED by the Steering Committee of CPO 4B that: SECTION 1: The White Papers lack a quantitative time line for implementation of objectives as outlined in the White Papers. SECTION 2: The White Paper Objectives lack necessary funding sources and budgets as well as critical timelines for implementation rendering them non-implemental. SECTION 3: The White Papers appear to be non-binding created under the guise of public 1 outreach. SECTION 4: The White Papers are riddled with deficiencies, errors, and endless ambiguities evidenced in the objective of potential parks along the power lines, which will require a cooperative land use agreement, by private landowners, PGE, and BP. The Owner of said area is listed in the White Papers as BPA, however much of the area in question is owned by residents and Homeowners Associations who grant easements to BPA and others. To date, neither the private landowners, the Homeowners Associations, nor the easement holders have been contacted to discuss the feasibility of the plan. SECTION 5: Despite the incredible effort put into the creation of the White Papers by the subcommittees, CPO 4B members find them inadequate in concrete and attainable results. SECTION 6: Irreparable Harm would be caused to the residents of Bull Mountain and of Tigard if the White Papers are adopted as written, including such Harm as Decreased Livability, Financial Hardship, Loss of Property Use, and Stress. SECTION 7: This resolution passed by a quorum vote of ten steering committee members on June 21, 2004. Four members were absent. SECTION 8: This resolution is effective immediately upon passage. PASSED: This 2151 day of June 2004. VOTING MEMBERS: Holly Shumway Dick Franzke Dianne Franzke Bruce Stobbe Ken Henschel Stu Byron Keshmira McVey Tom Ferguson Lisa Hamilton-Treick Kathy Palmer Holl humway Ken Henschel CPO 4B Chairperson CPO 4B Vice-Chairperson 2 Entered into the Record on 2 D¢ By l(ellu Sha/os Randy and Kelly Sholes Agenda Item # ~[Q Exhibit 14595 SW 140 Ave Tigard, OR 97224 White Papers-Parks My understanding of the purpose of the White Papers is to clarify the benefits of annexation. After reading the Parks proposal, I have found that it is based on inaccurate information and in fact does not benefit my neighbors, or me but actually damages us. Specifically, in the Summary of Benefits section, item number one- the proposal of a 2+ mile trail approved by BPA/PGE is inaccurate. The 125-foot "PGE" portion that is proposed for use as part of the parkland is actually owned by myself and the property owners on the West side of 144th Ave. We own the land and as stated on our deeds, PGE has an easement for maintenance of the Power lines. Nothing is mentioned in the White Paper about the owners of this land and any impact on them. In addition, the funding analysis fails to account for the cost of purchasing this land from the current owners. This land is currently being used for various purposes including gardens and raised beds, blueberries, roses, a fruit orchard, several lawns, sheep pasturing, sheds, and a greenhouse. Every property owner is actively using this land, it is not vacant land. The other 100 feet of BPA easement, has also been maintained by the property owners. The other problem I have with this plan is that I don't consider a walking trail under the Power Lines to be a decent quality Park. I would prefer my tax money to be spent on purchasing lands that can be used for a quality park -not trails under power lines. Speaking of spending my money, do you realize you would be asking me to spend my money (in the form of higher taxes) to purchase my own property? My neighbors and myself will end up with less property and higher taxes! This is the part that causes us damage. Higher taxes, my property taken away and a walking trail under power lines that is supposed to suffice for a "park"- I don't think this is a benefit in any way. In summary, this White Paper fails to demonstrate the benefit of annexation as it relates to parks and I haven't even talked about the lack of funding. As stated in this proposal, funding this proposal will require 9 to 11 million dollars and that's without paying us for our land! Current Tigard residents will have to come up with this money. The White Paper states that it will probably be in the form of a bond measure or tax levies. I am not sure current Tigard residents would be willing to pay for this. If they don't approve spending this money, then will parks not be provided? In that case I would have higher taxes and receive what? As I stated in the beginning, I find no benefit to this proposal and in fact would be damaged by it. The information in this White Paper is inaccurate and doesn't reflect the true ramifications of this plan. Therefore, as it currently stands, it should not be adopted. K.► CSR SEC. • PUE- Coxew 1, r64 2' 1. L HwH TOR WEST f t Ioe I:s' IT 39 ~ so IS 37 ' - f - - E p Q 20., ROAD vU) f 81 1 k 38 + OE 1 1 1 b n„a f = sw ecu MOUNTAMI -Set 0"A ROAD A54 _ R- o• o' raps i 8 • ' c o 00 I/2 SURVEYORS CE g t. o S I..IERP.Y a IMARIS. BE THE TRACT OF LAND 1 ~><Y (s 1 a Q « 4 t b f OF SECTION 9. TOWN • saz 1 !NITtA1 POINT IS A i I Oita,., 1 `ar ~s art =,a.c I NMAL POINT _M)RFACE OF THE ORO 1Z i 1 8 t [aif w°w wrrw RECORD IN SAID COu ' M 22 . B I CL SA M W o.>s PAGE 1". DEED RECt >rr~.r g a aras•or'r 8 W - a a R • s TO THE CENTER LINE 12 or z Q aov. - - 729.39 FEET. AND 8 morn 21 8 g - WER OF SAID SECTION rMall 20. BULL PKX* TAIN R a~•04~ - a sasK 12 Y 489. DEED RECORDS. 13 le T'}f NORTHWEST CORN - 20 g _ - d C:ONTINLION0 d 0024'1 r s*vowa-v .111assa•' d z LINE Of SAID JACK3d it s H•~.=a- - POINT ALSO BElNO TH c OF SAID COUNTY, THE 7t FEET TO THE EAST U $ w I so os w • « asaH o - - . LINE OF SAID JACKSOI g 5 8 S- s b DISTANCE OF 095.90 10 Ia • so = • D* ~-s m POINT CH A NON-TA No ZTM z : L - f 0 Ms (LONG CHORD BEAI S b $ I a 8 f saris.- SAID t3ONNEVtLLE POI I« ,O,r4r s a4-2+1:9-e OF 3W BULL MOUNTAIN = Is - ".so + 21 CENTER UNE AND RUN? it 2~0.86 3: aoa$ , 252. DEED RECORDS t S "lw o+ 'v f 7 f8 1 t r $ 7 _ $ I o - - - ON THE SCVTH UNE CF x f 1« So=w I a~'fla•as•tt = TO THE BEGINNING OF) ssa sa sy 22 z 0003T 05 (LONG CHOF s ss-ss•o~•ty 10 _ N D' Ar 010 W A DISTAN = i$ 1 a a, _ " sea" e N a• Se 34' E A DISTAN 7I tH to a. - 23 d LINE. A DISTANCE OF e =i s.99 Sass :".99 1m>7 THAT TRACT CONVEYED FEET TO THE 30UfHWE+ 1 4 ltfq~ 7~t SOUTH UNE OF THE A 24 1HINO 2&S7 ACRES. Mc 3 sot > Iw w • 14 2 sNia 27~ *ROFE fERE~ l.rW r LAND SURVEY 503-294-9402 C 88R P01/14 JUN 22 104 16:19 Entered into the Record on (0 22 a~ By lRjeli rd Frcy)zk i Agenda Item # /Q Exhibit # 4_ STATEMENT OF RICHARD FRANZKE, PRESENTED TO TIGARD CITY COUNCIL AT ITS MEETING ON JUNE 22, 2004 REGARDING BULL MOUNTAIN "WHITE PAPER" STUDIES The Bull Mountain Annexation Plan prepared by the City of Tigard that was before the council on December 2, 2003 was clearly deficient. Accordingly, in December 2003 the council delayed the annexation process briefly to permit further work to be done concerning the Plan. These studies, denominated "white papers," have now been received from the study groups. It is time to review these "white papers" and determine if they sufficiently improve the original Annexation Plan so it can be put to a vote of the people. Let me preface my comments by saying that I am deeply interested in the Annexation Plan proposed by the City. Its adoption would have very direct, adverse impacts on me as a long-time resident (36 years) of the area proposed to be annexed. Among adverse effects I will suffer are the following: 1. Higher real estate taxes on my property; 2. Less control over what goes on in my neighborhood; Ponfnd3-1464724.1 0099999.00001 503-294-9402 C BBB P02/14 JUN 22 '04 16:20 3. Being forced unwillingly to tie my tail to Tigard's financial kite, which is in a nose dive, soon to crash into a sea of red ink. 4. Being forced to help pay the cost of the City's wasteful, even frivolous, expenditures. A recent example is the City's hiring of a public relations firm (Rockey Hill & Knowlton) to develop a totally one-sided presentation of the annexation issue, focusing only on alleged benefits while ignoring the disadvantages. Another example is the purchase of 10, 20, maybe 30-who knows how many--"Entering Tigard" and "Leaving Tigard" street signs, placed every few feet up and down Bull Mountain Road. (In typical fashion, they are not located correctly; several boundary changes were overlooked.) 5. A mindless, "by the book" mentality in all aspects of governance, without regard to "livability" concerns or the preferences of the local residents, for example, insistence on installing curbs and sidewalks in neighborhoods that have a Portlnd3.1464929.10099999-00001 2 503-294-9402 C 888 P03/14 JUN 22 '04 16:20 rural atmosphere, low pedestrian traffic and where the people living there don't want curbs and sidewalks; 6. Total disregard of specific requirements of the Bull Mountain Community Plan, a plan developed by Bull Mountain residents and adopted by Washington County for guidance in planning and development processes; 7. Being governed by people in Tigard who are resentful of the traditional Bull Mountain lifestyle and whose attitudes are reflected in the way we are treated by the City government; 9. Subjection to control of planners who are hostile to the idea of preserving the rural character of Bull Mountain to the fullest extent possible, commensurate with reasonable and orderly development of the area; 9. Being denied police protection furnished by Washington County under its enhanced sheriff patrol program and forced to rely on police service furnished by the City of Tigard, which has a history of minimally manning its police department; portlnd3.1484729.1 0099999400001 3 503-294-9402 C 888 P04/14 JUN 22 '04 16:20 10. Being identified as part of the City of Tigard, which has an extremely high crime rate, much higher than other cities in the area; It. Continuing to have my neighborhood gradually destroyed by the practices of the Tigard Planning Commission and Department, which are driven solely by the City's insatiable thirst for more tax revenue to help solve Tigard's impending financial crisis; 12. Being subjected to governance by a city that has demonstrated over a period of many years that it cannot provide citizens within the city with adequate streets, street lighting and traffic management; 13. Being affected by actions of the City that involve not only Bull Mountain residents, but other public agencies such as the Tualatin-Tigard School District, which Tigard refuses to cooperate with on planning issues, to the detriment of both the school district and the local residents; PoMnO-1494729.1 OM999-00001 4 503-294-9402 C 888 P05/14 JUN 22 '04 16:20 14. Suffering the adverse consequences of Tigard's indifference to preservation of the natural topography, and preservation of significant and valuable stands of trees on Bull Mountain, whenever such preservation inconveniences developers in pursuit of maximum profits; 15. Perpetuation of Tigard's policy of collecting System Development Charges (SDCs) for parks from developers of land on Bull Mountain that is within the city limits, and then spending such monies solely on parks in the city and none for parks on Bull Mountain; and 16. Continuing to be denied the opportunity to develop park facilities on Bull Mountain while the City works hand-in- hand with developers to convert the remaining potential park sites into high density housing projects, generating maximum profits for the developers and maximum tax revenue for the City, all done with complete disregard for the destruction of the beauty and livability of Bull Mountain. Po ind3-1484729.1 0009999.00001 5 503-294-9402 C 888 P06i14 JUN 22 104 16:20 There are countless other adverse impacts that I will suffer from annexation of Bull Mountain by the City of Tigard, but these examples are illustrative. As stated previously, the "white papers" were purportedly permitted to be developed because the City council felt uncomfortable with the original Bull Mountain Annexation Plan. The questions now are: 1. Do the "white paper" recommendations cure the deficiencies in the Annexation Plan to such a degree as to warrant public support of the Plan if placed on the ballot? 2. Will the "white paper" recommendations be adopted by the City council so they will not continue to be merely "recommendations" but will be an integral part of the Annexation Plan and have the same efficacy as the Plan itself? My answers: POrtlnd3-1484729,1 0099999.00001 6 503-294-9402 C 888 P07/14 JUN 22 '04 16:21 1. No, the "white papers" do not correct the deficiencies of the original Annexation Plan and the underlying Urban Service Agreements 1. 2. Probably not, since (a) the "white papers" do not insist that the recommendations-or even the philosophy behind the recommendations-be incorporated and made an actionable part of the Plan, and (b) on December 16, 2003, before the study work even began, the City Manager announced the "white papers" would not be used to amend the Annexation Plan. With respect to Question No. 1, my further connments are as follows: obviously, a lot of hard work went into the "white paper" exercise, and I do not intend to diminish the efforts that were made. The problem, however, is fundamental: in preparing its Annexation Plan, the City "got the cart before the horse." 1 It is beyond the scope of this presentation to examine in detail the urban service agreements, which are essential to annexation under ORS Chapter 195. Those agreements will be considered in the context of the Annexation Plan at a later date. Pwtind3.1484929.1 0099999-00001 7 503-294-9402 C B@@ P08/14 JUN 22 104 16:21 ORS 195.220(2) provides that "An annexation plan shall be consistent with all applicable comprehensive plans." The operative comprehensive plan for the Bull Mountain area is the Bull Mountain Community Plan, prepared in 1983 and subsequently adopted by Washington County. Tigard acknowledges the Bull Mountain Community Plan has not been updated and that Washington County does not plan on updating it. Tigard also acknowledges it has never prepared a comprehensive plan for the Bull Mountain area, but says it will do so after annexation. The sequence of "annexing and then planning" is the reverse of the ORS 195.220(2) requirement to "plan and then annex." Unless there is a comprehensive plan, there is no way to determine if the annexation plan and the comprehensive plan are consistent. It seems ludicrous to suggest that the issue of "consistency" can be determined by comparing a current annexation plan with a 21-year-old comprehensive plan. The "white papers" do not address this major problem. It is clear that in the statewide land use goals, planning is given a very high priority. Goal No. 2 requires that all land-use plans "shall be PortMd3.1484729.1 0099999-00001 $ 503-294-9402 C 888 P09/14 JUN 22 '04 16:21 reviewed and, as needed, revised on a periodic cycle to take into account changing public policies and circumstances," and the public shall be involved in that process. In areas, such as Tigard, which are experiencing a high growth rate, the plans are to undergo "freg^uent review so needed revisions can be made to keel plan up to date." Proceeding with annexation when the comprehensive plan is more than 20 years out-of-date is a travesty and violates the spirit, if not the letter, of ORS 195.220(2). Substantively, the "white papers" need to be made more specific. Given the unreasonable time constraints imposed by the City for preparation of the "white papers," it is surprising they have as much content as they do. Regardless, they are too vague to cure the deficiencies of the Annexation Plan. For example, as concerns Planning, the recommendations for interim measures regarding a design review process, "public feasibility strategy/moratorium" and reduction in is j "dense, small lot developments" all need to be addressed in a more definitive way. PottlndM484729.1 0099999-00001 9 503-294-9402 C 888 P10/14 JUN 22 '04 16:21 In order to pursue annexation under the ORS Chapter 195 procedure, the City must have entered into urban service agreements with the various urban service providers in the area. The law further provides that in establishing urban service agreements, among other factors to be considered is the "feasibility of creating a new entity for provision of urban services." (ORS 195.070(1)(d).) There is no evidence that Tigard ever considered the "new entity" option. Neither the Annexation Plan nor the "white papers" address either the feasibility of annexation of Bull Mountain by King City, or the creation of a new entity that could provide the urban services. In that respect the urban services agreement clearly does not comply with Chapter 195. Since the Annexation Plan approach relied on by Tigard is dependent upon valid urban service agreements, the deficiency in Tigard's urban service agreement of not considering other options carries forward into the Annexation Plan and renders the Plan deficient. The "white papers" do not address this deficiency. The Planning subcommittee references Tigard's intention to "look at" the Planned Development process in the future, ostensibly for use in Ponlnd3-1484929.10099999-OOMI 10 503-294-9402 C 888 P11/14 JUN 22 '04 16:22 the Bull Mountain area. This would be an important departure from Tigard's past planning philosophy, and that change should be addressed in the Annexation Plan. The "white papers" raise the issue, but do not resolve it. The Annexation Plan also fails to fully state (a) the local standards of urban services required as a precondition of annexation; (b) the planned schedule for providing urban services; and (c) the effects on existing urban service providers, as required by ORS 195.220(1)(b). Regarding "(a)" above, the Annexation Plan merely identifies which entity is currently the provider of each service; it does not define the standard of service as required by the statute. This omission is not cured by the "white papers." A deficiency as concerns "(b)" above is illustrated by the discussion of parks in the Annexation Plan, which simply states "Tigard has a Park and Recreation Advisory Board that can examine the [park] issue in the future," and also states the City will "initiate planning" for parks "following annexation." But the Annexation Plan does not even hint at when the service (i. e. , parks will be urovided on Bull Mountain. Pordnd3.1464729.1 0099999-00001 503-294-9402 C 888 P12/14 JUN 22 '04 16:22 Language in the Plan such as "in the future" and "will initiate planning" does not meet the statutory requirement for setting forth "the planned schedule for providing [the] urban services * * (ORS 195.220(1)(c).) The "white papers" do not cure these omissions regarding the schedule for providing parks on Bull Mountain, so the Annexation Plan continues to be deficient. Question #2 concerning the "white papers" is "What value will the `white papers' be given by the City council?" Was the "white paper" exercise suggested by the City only as a "feel good" public relations strategy (as a City of Tigard representative was heard to say in an "off the record" conversation following a CPO meeting in April 2004), or were they solicited in a sincere effort to actually improve the Annexation Plan? Time will tell, and that time is coming near. If they were meant to be more than merely a PR ploy, the council should insist that they be adopted and made part of the Annexation Plan, at the very least as guidelines for implementation and interpretation of the Annexation Plan. Otherwise, the "white papers" will constitute a fraud on the good people who were induced to devote their time and energies in preparing them. ewtind3-1484724.1 0099999-00001 12 Prior to adopd of the "white papers," the City should sit down with the drafters and refine their recommendations to the fullest extent possible, moving them from "concepts" and into the "Plan." In summary, by embarking on the "white paper" exercise, the City implicitly recognized the Annexation Plan was wanting. If the "white paper" recommendations are not made an integral and actionable part of the Plan, the Plan will not have been improved; it will still be deficient and, because of its deficiencies, it should not be submitted to a vote. Only if (a) the key recommendations of the "white papers" are "sharpened" and made more specific, and (b) are adopted by the council in a way that will integrate them as substantive parts into the Annexation Plan, will the "white papers" have served a significant purpose. Otherwise they are a hoax. There are other deficiencies in the Annexation Plan and the underlying urban service agreements. These issues will be addressed Pan %0-1424129.1 0094999-00001 13 when adoption of the Annexation Plan is before the council. Richard A. Franzke 14980 SW 1334 Avenue Tigard, OR 97224 Ph: 503-639-7235 ronm43-1484719.10099499-00001 14 Entered into the Record on -22-n5F By _ -L5aelor MQai v Jr Agenda Item # 10 _ Exhibit # Tuesday, June 22, 2004 To. Tigard City Mayor Craig Dirksen Tigard City Council President Nick Wilson Tigard City Councilor Brian J. Moore Tigard City Councilor Sydney Sherwood Tigard City Councilor Tom Woodruff' Tigard City Manager William Monahan From: Isadol• W. Morgavl J 15145 SW 11 9' Ave Bur; Mountain Oregon 97224 Subject: Public Testimony on Streets White Paper at 'Tigard City Hall on June 22, 2004 I come here this evening to cite the Streets White Paper as fui they reason to delay action on placing the annexation of the unincorporated area of Bull Momitain on the November ballot, as has been requested by many. You Mr. Mayor, and city Manager Bill Monahan, have repeatedly stated that all things done in regard to annexation should be clone in a professional manner. Although the Streets White Paper is very professional in style, it is grossly lacking in substance. It does answer many questions that need answers and in that, it is a good document. But it is incomplete in that there were "no boots on the ground" and actual site survey was never done. This was acknowledged when this paper was submitted last week and the person making that presentation defined the task as incomplete for that reason. However, having spent many years in mid-level project management, I am a great believer in the old saying that "The Devil is in the details". I find the cost and revenue aspects grossly lacking in supporting detail. In particular: Both cost and revenue depend on population and use but no information on those important issues is included in the report. o The long-term liability is estimated at $19,380,000 but there is no explanation of that very significant figure. • The annual cost for street maintenance is addressed only by comparing the new Street Maintenance fee to the old URMD to show a $35.24 reduction in cost to the taxpayer, nothing is said about the cost to maintain the streets. • The same is true about Street lights. The White Paper only points out that taxpayers will pay $35 less after annexation. The matter of cost to maintain streetlights is left unanswered. • 'There seems to be no consideration given to the many long established residential areas that have wide streets with aggregate covered walkways and landscaping that blends in with the surroundings but no sidewalks. Believing as I do that one should try to be part of the solution and not part of the problem, I have attached, for your edification, data that bears directly on the matter of streets, including population and other cost items referred to above. This information is part of the research being conducted into the feasibility of King City annexing the south slope of Bull Mountain. Since the data is only for that area, it is not fully transportable into this White Paper- that address annexation of all of Bull Mountain. You may however use it as a sample of what a professional report should contain. cc: Cathy Wheatly, City Recorder cc: w/o attachments Barbara Sherman, Tigard Times Fat ]Harrington, The Oregonian, Southwest Steve I.indsley, The Regal Courier TV Channel 2 TV Channel 6 TV Channel 8 TV Channel 12 Bull Mtn UKC St Light Costs Assmnt Area Nbr Assessment Area Name Annual.Cost Option # of lots 29 BARRINGTON HEIGHTS $70.11 A 46 58 BULL MOUNTAIN PARK #3 $46.50 A 18 68 FRENCH PRAIRIE ESTATES $73.54 A 16 142 FOX GLOVE $84.98 A 35 145 MOUNTAIN GATE #2 $73.05 A 52 223 ORCAS ESTATES $50.20 A 19 252 MOUNTAIN GATE $73.05 A 52 335 SONOMA HILUCRESTRIDGE $66.38 A 64 526 OAKMONT APTS $116.13 A 1 533 MOUNTAIN GATE #3 & #4 $53.86 A 73 554 FRENCH PRAIRIE ESTATES #2 & #3 $72.44 A 26 555 BARRINGTON HEIGHTS #4 $56.95 A 50 622 WOODHUE ESTATES $72.44 A 26 650 BARRINGTON HEIGHTS #2 & #3 $64.44 A 55 654 PLEASANT VIEW $106.66 A 35 678 BULL MOUNTAIN ESTATES $91.34 A 41 689 WOODHUE ESTATES #2 $58.93 B 25 720 CONTINENTAL HEIGHTS $20.59 B 15 723 KOVEN HEIGHTS $24.68 B 3 743 PLEASANT VIEW #2 $37.05 B 18 770 CHARDONNAY ESTATES $17.58 B 9 816 BEEF BEND HEIGHTS $34.60 B 29 857 ARLINGTON HEIGHTS $29.38 B 34 879 ARLINGTON HEIGHTS #2 $25.87 B 18 881 AUTUMN HILL #1 $8.78 B 62 914 TURNAGAIN HEIGHTS $25.56 B 43 926 MEYERS FARM $22.64 B 118 933 EAGLES VIEW $19.10 B 123 952 PLEASANT VIEW #3 AKA SUNRIDGE HEIGHTS $15.97 B 35 i 970 DAVIS PLACE $26.06 B 17 985 AUTUMN HILL #2 $7.84 B 60 Btwn Beef Bend & KC 194 Mountain View Mobile Park $6,479.03 A 1 504 Kin Ci High lands $82.44 A 37 632 Kin City Highlands No. 2 & 3 $48.37 A 79 652 Kin City Highlands No.4 $63.05 A 30 693 Kin City Highlands No 5 & 6 $57.84 A 41 726 Kin City Highlands Homeowners Association $1,604.59 A 1 790 Bourbon Acres $12.01 B 7 South of Fischer Rd 509 Bradley Woods $53.70 A 31 537 Bradley Woods No. 2 $57.26 A 29 540 Bedford Park Sub $57.26 A 29 557 Bradley Woods No. 3 $63.05 A 30 593 Avalon Park Apartments $379.57 B 1 889 Fischer Pointe $21.35 B 34 938 Fischer Estates $20.06 B 14 WIC o so a rea I Rd # Sec Rd Name From To Fe L-ml Typal Area Ma stYd2 s aces Yr BogPtj EndPt Yr Con L•ft W-ftFt2 d2 Pci 01 1 028435 10 133rd Av Pvt drives (a) Bull Mountain Rd NR 0.419 Ss 4 021 $5,972 36 04 0.000 0.419 711511998 2212 18 39916 4424 91 2 030400 10 139th AV Bull Mountain Rd Dead End (s) UL 0.199 Ss 4 021 $7,958 37 04 0.000 0.199 10%111993 1051 29 30479 3387 82 3 030700 7iD 141st Av Odina Ct Bull Mountain Rd NR 0.594 Ss 021 $13,643 38 04 0.170 0.764 711.511996 3136 29 90953 10106 89 4 030700 30 141 at AV Bull Mountain Rd High Tor Or UL 0.182 Ss 4 021 $4,180 39 04 0.000 0.764 7115/19% 961 29 27868 3096 89 5 031100 10 144th AV Chardonnay Av High Tor Dr UL 0.516 Ss 4 021 $11,849 40 04 0.000 0.516 711511996 2724 29 78996 8777 85 6 031810 10 147th Tr Grandview Ln Barricade (n) UL 0.088 Ss 4 021 $2,302 41 04 0.000 0.088 101111993 465 33 15345 1705 85 7 031870 10 148th PI Bull Mountain Rd Cds (sw) UL 0.102 Ss 4 021 $2,345 42 04 0.000 0.102 101111993 539 29 15631 1737 83 8 032880 10 152nd Tr Mayview Wy Barrows Rd UL 0.038 Ss 4 022 $874 70 04 0.000 0.038 10/111993 201 29 5829 648 84 Add 032980 10 153rd AV Bull Mtn Rd Pvt Drive (n) UL 0.054 OIL 021 $5,500 9 033280 10 153rd Tr Firtrea Or Cds (n) UL 0.129 Ss 4 022 $2,554 71 04 0.000 0.129 101111993 681 25 17025 1892 88 10 034000 10 156th Tr Bristlecone Wy Dead End (s) UL 0.024 Ss 4 022 $552 72 04 0.000 0.024 10/1/1993 127 29 3683 409 87 11 034968 10 159th Tr Roshak Rd Tuscany St UL 0.144 Ss 4 022 $2,850 73 04 0.000 0.144 101111993 760 25 19000 2111 81 12 034980 Spec 160th AV Bulrush Ln Barrows Rd NR 0.054 Ss 4 022 $1,411 74 04 0.000 0.197 1011/1993 285 33 9409 1045 13 035600 10 161st Av Bull Mountain Rd Colony PI UL 0.140 Ss 4 021 $3,215 44 04 0.000 0.140 7/1511996 739 29 21431 2361 90 14 036200 10 162nd AV Colony PI Cds (n) UL 0.050 Ss 4 021 $1,148 45 04 0.000 0.050 10/111993 264 29 7656 851 92 15 038800 10 162nd Tr Roshak Rd Tuscany St UL 0.095 Ss 4 022 $2,184 75 04 0.000 0.095 10/111993 502 29 14558 1618 84 16 037200 10 164th AV Bull Mountain Rd Dead End (n) UL 0.275 Ss 4 021 $7,187 46 04 0.000 0.275 10/111993 1452 33 47916 5324 77 17 105410 10 Ashley Ct Peachtree Or Cds (e) UL 0.027 Ss 4 021 $622 47 04 0.000 0.027 1011/1993 143 29 4147 461 87 18 105420 10 Ashley Or Peachtree Or (s) Peachtree Or (n) UL 0.422 Ss 4 021 $9,692 48 04 0.000 0.422 10/1/1993 2228 29 64612 7179 65 19 107150 10 Autumnview St Barricade (se) Summerview Or UL 0.053 Ss 4 021 $1,218 49 04 0.000 0.053 21111998 280 29 8120 902 75 20 107570 10 Aynsley Wy Tewkesbury Or (e) Tewkesbury Or (w) UL 0.166 Ss 4 021 $3,811 50 04 0.000 0.166 101111993 876 29 25404 2823 84 21 109980 10 Barrington PI Dead End (s) Westminster Or UL 0.052 Ss 4 021 $1,196 51 04 0.000 0.052 10/111993 275 29 7975 886 84 22 111160 10 Becky Lange Ct Roshak Rd Cds (e) UL 0.046 Ss 4 022 $911 76 04 0.000 0.046 10/111993 243 25 6075 675 84 Add 120100 10 Bull Mountain Rd Rosshak Rd Roy Rogers Rd UC 0 861 OIL 021 $71,123 23 117150 10 Brianne Wy Roundtree Or (e) Roundtree Or (w) UL 0.170 Ss 4 022 $3,368 77 04 0.000 0.170 711512001 898 25 22450 2494 90 24 118140 10 Brisllecone Wy Uplands Or Cds (e) UL 0.518 Ss 4 022 $11,897 78 04 0.000 0.518 10/111993 2735 29 79315 8813 84 25 125960 10 Cattail Ct Uplands Or Cds (w) UL 0.055 Ss 4 022 $1,262 79 04 0.000 0.055 1011/1993 290 29 8410 934 84 26 131200 10 Colony Ct Cds (se) Colony Dr UL 0.030 Ss 4 021 $782 52 04 0.000 0.030 101111993 158 33 5214 579 96 27 131300 10 Colony Dr Roshak Rd 161st Av UL 0.220 Ss 4 021 $5,752 53 04 0.000 0.220 711511996 1162 33 38346 4261 86 28 131400 10 Colony Dr 161st AV Cds (w) UL 0.050 Ss 4 021 $1,307 54 04 0.000 0.050 101111993 264 33 8712 968 96 29 131500 10 Colony PI Colony Or 164th AV UL 0.290 Ss 4 021 $7,350 55 04 0.000 0.290 1531 32 48998 5444 30 131615 10 Colyer Wy Beef Bend Rd 141st AV ` NR 0.361 Ss 4 021 $9,435 56 04 0.000 0.361 51111998 1906 33 62898 6989 82 31 134910 10 Cromwell Cl Roshak Rd Cds (w) UL 0.054 Ss 4 022 $1,069 80 04 0.000 0.054 101111993 285 25 7125 792 84 32 137460 20 DekalbSt House #15787 161st AV UL 0.148 Ss 021 $3,399 57 04 0.048 0.196 10/1/1993 781 29 22662 2518 85 33 139720 10 Dewberry Ln 160th AV Roshak Rd UL 0.177 Ss 4 022 $4,067 81 04 0.000 0.177 101111993 935 29 27115 3013 85 34 149950 10 Frtree Or Mayview Wy 154th AV UL 0.191 Ss 4 022 $3,780 82 04 0.000 0.191 10/1/1993 1008 25 25200 2600 82 35 153650 10 Gearin Ct Roshak Rd Cds (w) UL 0.032 Ss 4 022 $735 83 04 0.000 0.032 10/1/1993 169 29 4901 545 86 36 154660 10 Glastonbury Ln Colyer Wy (to #14047) Barrington Tr UL 0.098 Ss 4 021 $2,249 58 04 0.000 0.098 10/111993 517 29 14993 1666 82 37 154680 10 Glaze Ct 157th AV Cds (w) UL 0.089 Ss 4 022 $1,763 84 04 0.000 0.089 1011/1993 470 25 11750 1306 83 38 156420 10 Grandview Ln Bull Mountain Rd Cds (ne) UL 0.186 Ss 4 021 $5,450 59 04 0.000 0.186 10/111993 982 37 36334 4037 83 39 156450 10 Graven St Hwy 99 Cds (e) UL 0.130 Ss 4 012 $2,984 21 04 0.000 0.130 1011/1993 686 29 19894 2210 83 40 160100 10 Hawk Ridge Rd 150th AV Cds (e-n-w) UL 0.357 Ss 4 021 $14,274 60 04 0.000 0.357 10/111993 1885 29 54665 6074 71 41 160102 10 Hawk Ridge Rd Hawk Ridge Rd Cds (n) UL 0.041 Ss 4 021 $1,636 61 04 0.000 0.041 10/1/1993 216 29 6264 696 49 42 165350 10 Hoops Ct Roshak Rd Cds (w) UL 0.050 Ss 4 022 $1,148 85 04 0.000 0.050 1011/1993 264 29 7656 851 85 43 165450 10 Horizon BI Tigard Jur. (se) Barrows Rd NR 0.066 Ss 4 022 $1,931 86 04 0.000 0.066 3/1/1997 348 37 12876 1431 89 44 170830 10 Jenshire Ln Creekshire Dr Fem St UL 0.129 Ss 4 022 $2,554 87 04 0.000 0.129 81111999 681 25 17025 1892 90 45 172360 _ 10 Juliet Tr Burgundy St Bull Mountain Rd UL 0.170 Ss 4 021 $3,906 62 04 0.000 0.170 10/1/1993 898 29 26042 2894 86 46 172850 10 Kameron Wy Roundtree Or (e) Roundtree Or (w) UL 0.190 Ss 4 022 $3,761 88 04 0.000 0.190 10/111993 1003 25 25075 2786 90 47 173450 10 Keerins Ct Roshak Rd Cds (e) UL 0.064 Ss 4 022 $1,268 89 04 0.000 0.064 10/111993 338 25 8450 939 84 48 182810 10 Luke Ln Roshak Rd Dead End (w) UL 0.083 Ss 4 022 $1,643 90 04 0.000 0.083 1011/1993 438 25 10950 1217 84 49 187650 10 Mayview Wy Brianne Wy Kameron Wy UL 0.224 Ss 4 022 $5,146 91 04 0.000 0.224 10/1/1993 1183 29 34307 3812 80 50 190450 10 Mentor Ln Pvt drive (s) Barrows Rd NR 0248 Ss 4 022 $6,482 92 04 0.000 0.248 1309 33 43212 4801 51 203165 10 ONeill Ct Cds (elRoshak Rd) Cds (w) UL 0.117 Ss 4 022 $2,318 93 04 0.000 0.117 10/1/1993 618 25 15450 1717 83 52 206630 10 Peak Ct Cds (e/147th Tr) Cds (w) UL 0.080 Ss 4 021 $1,836 63 04 0.000 0.080 1011/1993 422 29 12238 1360 84 53 214200 10 Rhus Ct 164th AV Cds (e) UL 0.040 Ss 4 021 $791 64 04 0.000 0.040 1011/1993 211 25 5275 586 84 54 219300 10 Roshak Rd Barricade (s) Snapdragon Ln UL 0.068 Ss 4 022 $1,777 94 04 0.000 0.394 10/111996 359 33 11848 1316 82 55 219400 10 Roundtree Or Mentor Ln 154th AV UL 0.263 Ss 4 022 $5,209 95 04 0.000 0.263 10/111993 1389 25 34725 3858 86 56 229780 10 Stahl Dr Cds (e/Roshak Rd) Leading Ln UL 0.152 Ss 4 022 $3,011 96 04 0.000 0.152 101111993 803 25 20075 2231 90 57 232420 10 Summerview Ct Terraview Or Cds (nw) UL 0.034 Ss 4 021 $783 65 04 0.000 0.034 21111998 180 29 5220 580 84 58 232535 10 Sundew Or Bristlecone Wy (e) Bristlecone Wy (w) UL 0.180 Ss 4 022 $4,133 97 04 0.000 0.180 10/111993 950 29 27550 3061 85 59 234440 10 Tearose Wy 160th AV (s) 160th AV (n) UL 0.218 Ss 4 022 $5,007 98 04 0.000 0.218 101111993 1151 29 33379 3709 84 60 234715 10 Terraview Or Barricade (sw) Bull Mountain Rd UL 0.172 Ss 4 021 $3,950 66 04 0.000 0.172 2/111998 908 29 26332 2926 81 61 239220 10 Tuscany St Barricade (ell 59th Tr) Barricade (w/162nd Tr) UL 0.203 Ss 4 022 $4.020 99 04 0.000 0.203 6/1/1998 1072 25 26800 2978 89 62 239690 10 Uplands Dr Rockrose Ln Snapdragon Ln NR 0.107 Ss 4 022 $2,797 100 04 0.000 0.401 10/1/1993 565 33 18644 2072 84 63 239690 30 Uplands Dr Roshak Rd Cds (s) UL 0.079 Ss 4 022 $2,065 101 04 0.000 0.401 10/111993 417 33 13765 1529 84 64 252130 10 Windham Tr Tewkesbury Dr Barrington Tr UL 0.138 Ss 4 021 $3,171 67 04 0.000 0.138 10/111993 729 29 21141 2349 84 65 252380 10 interview Or Barricade (e/Terraview Dr) Barricade (w) UL 0.075 Ss 4 021 $1,723 68 04 0.000 0.075 21111998 396 29 11484 1276 84 66 254680 10 Yarrow Wy 157th AV (s) 157th AV (n) 1 0.212 Ss 4 022 $4,868 102 04 0.000 0.212 10/1/1993 1119 29 32451 3606 84 - - -...A-A - - III ~~!11 Maintenance Cost Summary Assumptions: Asphalt. Concrete Cost (per ton) $ 50.00 Seal Coat Cost (per sq. yd.) $ 1.35 Overlay Interval (years) overlay thickness (in.) 2 Arterials 7 Collectors 10 N. Routes 10 Locals 21 Seal Coat Interval (years) Arterials 0 Collectors 7 N. Routes 7 Locals 10 Arterials N. Routes Collectors Locals Width (feet) 74 32 38 32 Maintenance Cost (per mile, per year) Arterials N. Routes Collectors Locals Overlay Cost (per year) $ 33,490.29 $ 10,137.60 $ 12,038.40 $ 4,827.43 Seal Coat Cost (per year) $ - $ 3,620.57 $ 4,299.43 $ 2,534.40 Signs $ 500.00 $ 300.00 $ 300.00 $ 100.00 Striping $ 3,500.00 $ 2,000.00 $ 2,000.00 $ 500.00 Traffic Signals 2,000.00 $ - $ 500.00 $ - Street lighting $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 Landscape and Vegetation Maint. $ 1,000.00 $ 300.00 $ 300.00 $ - Drainage, Sweeping, etc. $ - $ - $ - $ - Misc. Surface Cost (potholes, crack seal $ 1,000.00 $ 500.00 $ 500.00 $ 100.00 Other Misc. Cost (Snow and ice, etc.) $ 2,500.00 $ 1,000.00 $ 1,000.00 $ 500.00 i Total Cost $ 45,190.29 $ 19,058.17 $ 22,137.83 $ 9,761.83 i i TABLE 1 "King City Plus" A Vacant Land and Population s' Ball Mt: Stud Area Existing City Unincorporated King City "Kin City. Plus" 2000 Population (2000 4,316 2,100 1,892 8,308 Census # of dwelling units (2000 1,525 1,488 589 3,602 Census Average 2000 Census 2.83 persons/unit 1.46 persons/unit 2.61 persons/unit NA Household Size Total Acreage 968 ac. 393 ac. 279 ac 1,640 # of vacant acres by land use R-5: 3.30 ac. @ 4 Urban Reserve Area 47 = R-6: 8.80 ac. @ 5 district & required minimum units/acre 504 SFDs & 191 townhouses units/acre density2,3 R-6: 269.35 ac. @ 5 (R-9: 70 acres; R-12: 19.9 R-9: 6.50 ac. @ 7 units/acre acres) units/acre R-15: 14.70 ac. @ 12 R-24 -13.26 acres @ 19 R-15: 6.20 ac. @ 12 units/acre units/acre units/acre LC (Limited Commercial): (Metro 2000 Vacant Lands +9 acres (Metro 2000 Vacant Lands Inventory) inventory & King City) (Metro 2000 Vacant Lands Inventory & Kin City) Additional dwelling units at Single Family Dwelling SFD: 504 units SFD: 90 units SFD: 1,954 units full build-out (SFD): 1,360 units Townhouses: 191 units Townhouses: 74 units Townhouses: 441 units Townhouses: 176 units Apartment units: 252 units Apartment: 252 units Additional population at full 4,347 2,293 428 7,068 build-out of new units x (1,536 x 2.83) (695 x 2.614) + (252 x 1.904) (164 x 2.61) average household size) Total Future Population b,663 4,393 2,320 13.376 Based on 2000 Census countywide average household size (average household size for this area is not provided) 2Excludes flood plain and power line right of ways. Source of data noted in table. Number of future dwelling units calculated from gross acreage - vacant acres x minimum density 4Based on 2000 Census countywide average household size (2.61) to calculate future population from SFDs & townhouses. Used the Metro 4 County Regional Multi- Family Average Household Size (2.0 persons/unit) with a 5% vacancy rate for the apartment unit average household size. Prepared by Washington County. Revised 6/14/04 wpshare\SB122\King City Plus Tables Vacant Lands Dollars= TABLE 2 - " - In 2004 "King City Based Plus" On 2004 Traffic OS TIF tImpact Fee Revenue - Traffic Impact Fee Traffic Impact Fee Calculations Subarea . Revenue From New Develo mentt'Z $269 x 10 x 1,239 = $3,332,910 Bull Mt. Study Area Single family dwelling SFD: (SFD): $3,332,910 Townhouse: $269 x 5.85 x 168 = $264,373 Townhouse: $264,373 Subtotal: $3,597,283 355,760 Existing King City SFD: $1,355,760 SFD: $269 $269 x x 5 10 . x 85 x 504 1 = 91 $11,$300,567 Townhouse: $300,567 Townhouse: Apartment: $413,507 Apartment: $269 x 6.10 x 252 = $413,507 - Commercial: $1,257,021 Insurance office: $247 x 11.45 x 5.45 = $15,399 General office space: $247 x 16.31 x 21.24 = $85,551 Medical office: $247 x 34.17 x 23.60 = $202,205 Specialty retail center: $247 x 40.86 x 19.24 = $193,353 Subtotal: $3,324,694 Shopping center: $249 X90 x13932$1551 = 04,9100' 513 Unincorporated King City T Dttl$10 e.9 $83,403 SFD: Townhouse: $269 x 5.85 x 53 = $83,403 Subtotal: $188,313 "King City Plus" Total TIF $7,110,2904 Revenue on July 1, 2004 TIF residential rate of $269/trip. Residential trip rates used: Single family dwelling - 10 trips/unit; Townhouse - 5.85 trips/unit; part Sent Based up Y unit: 6.10 trips/unit. Ins ZBased upon July t > 2004 TIF commercial rate of $247/trip. Commerci X0.68 trt s/T.caL.S FUrShoppoffice ing _ center4594p17 tr as/T G.L.S.F al offBend Rd. & 3151 Ave. to Medical office building d- 34.17 ecrease t King City determines retail center 3This revenue will decrease once King City determines the amount of credits due to Matrix Development for required improvements at the Beef Bend/131st intersection address impacts from Edgewater on the Tualatin. 4Revenue will be reduced to reflect credits due for creditable improvements, such as improvements to be made by Matrix Development Prepared by Washington County. Revised 6/16/04 wpshare\SB 122\King City Plus Tables TABLE 3 . R "King City Plus" Gas Tax Revenue - In 2004 Dollars (Based On 2004-05 Revenue/Rate Information & 2000 Vacant Lands Tax FuMre Annual Eonnty Gas 200"5 State Gas Tax Future Annual State Gas 2004-05 County e rea ~ TaxRevenue B>iseti n Reyejpue Tax Revenue Based.Upon Revenue' Fuu guil d O - }J r Full Build Out . $15,982 $31,606 Bull Mt. Study Area 4,316 x State factor = $ 8,663 x State factor = $ (4,316/472,600) x (8,663/479,668) x $1,750,000 $1,750,000 = $15,982 = $31,606 $7,700 $16,027 Existing King City 2,100 x State factor = $ 4,393 x State factor = $ (4,3931479,668) x $1,750,000 _ $16,027 $7,006 $8,464 Unincorporated King City 1,892 x State factor = $ 2,320 x State factor = $ (1,892/472,600) x (2,320/479,668) x $1,750,000 $1,750,000 = $7,006 = $8,464 $30,688 .$56,097 "King City Plug" Total 8,308 x State Factor for 15,376 x State factor = S Revenues Kin Ci = $ (2000 population of area/County population) x County annual gas tax revenue. 2004-05 County gas tax rates used. z re of area/County population) x County annual gas tax revenue. County population increased to reflect additional population of each area. Assumes new (Futu population population growth is consistent with overall County growth. 2004-05 County gas tax rates used. Actual revenue to be provided to King City for FY 2004-05. Prepared by Washington County. Revised 6115/04 wpshare\SB122\King City Plus Tables loll TABLEA "King City Plus" County Road Maintenance Costs (Based u on 2004 Existing Conditions and Costs Bull Mt. Stud Area, Existing Kin City Unincorporated Kin City "Kin City Plus" Average Pavement 81 (good) NA Good Good Condition Index (PCI) of County streets County's annual street $55,984 NA $27,588 $83,572 lighting costs Miles of County local streets 13.60 miles @ $8,561.83 per Note: there are 9.80 miles of 12.60 miles @ $8,561.83 26.20 miles @ $8,561.83 per & annual maintenance costs2 mile = $116,441 local streets in King City per mile = $107,879 mile = $224,320 under the jurisdiction of Kin City Miles of neighborhood 3.90 miles @ $17,858.17 per 0.20 mile @ $17,858.17 per 4.10 miles @ $17,858.17 routes & annual mile = $69,647 (133rd, None mile = $3,572 (131St Ave.) per mile = $73,219 per year maintenance cost' Peachtree, Woodhue, Colyer, 146th, Tewkesbury, I50'h) Miles of collectors & annual 2.82 miles @ $20,937.83 per 0.17 mile @ $20,937.83 per 0.38 mile @ $20,937.83 per 4.13 miles @ $20,937.83 maintenance cost' mile = $59,045 per year mile = $3,559 (1315) mile = $7,956 (131 st) per mile =$86,473 per year (Roshak, Bull Mt., 150th) 0.75 mile @ $10,468,92 per 0.01 mile @ $20,937.83 per mile = $7,852 (1/2 ROW mile = $209 (full ROW width of Fischer Rd. ='/z width of Fischer Rd.) maintenance cost) 0.75 mile @ $10,468.92 per mile = $7,852 (1/2 ROW width of Fisher Rd. = %2 maintenance cost) Miles of arterial & annual 2.40 miles @ $20,937.83 per 0.19 mile @ $20,937.83 per 0.18 mile @ $20,937.83 per 2.77 miles @$20,937.83 per maintenance cost (Beef mile + $2,000 signal mile = $3,978 per year mile = $3,769 per year mile + $2,000 signal Bend)' maintenance cost = $52,251 maintenance = $59,998/ per year year Total miles of County roads 22.72 miles 1.11 miles 13.94 miles 37.20 miles Total Annual County Road $353,368 per year $15,389 per year $158,825 per year $527,582 per year Maintenance Costs (includes cost for street lights) Actual cost to maintain & operate existing street lights on County roads through Washington County's Street Lighting Service District (SDL). There are no street lights funded by the County Road Fund. 2Based upon Washington County's annual maintenance costs; does not include street lighting costs. Costs prepared by Washington County's Operations Division Prepared by Washington County/Revised 6/14/04 wpshare\SB122\King City Plus Tables soma xTEL oe ment costs - In 200`) Dollars King City Plus" " County Road Imp Costs Plus C°nditions and Un incorporated King 46King City aced u on 2004 Exjug I tng City Ci $2,846,500 Existing Bull Mt. Study Area 13151 Ave. unknown at $11,637,085 Cost to improve 133` Ave. $2,540,000 None this time ghbOthpOd routes to County full unlctiown at 141st Ave $346,500 Fischer Rd - nei $2,g46,500 this time $00 between standardst 'Total: $g,054,000 unknown at this 131St Ave- - Rds Bull Mt- Rd. Fischer Rd. - Fischer . Costto imPip Ve County time Beef Bend & 150' AYe $3 ,425,000 as east side of road is ea ds. collectors to full standards) 15 13151 AVe - unknown at this improved to full stand Roshak Rd. $1 5g,095 time The condition ll side of 131 st known at this 'Total: $11,637,085 Fischer is unkn $2,368,000 time unknown at this time unknown at this time $ibg51,585 $2,368,000 unlcnnw" at this time Cast to improve Beef Bend e n't unknov'"' at this time Rd. to full standards ( $16,851,585 include traffic si Imp e Total. Cosh To Imp ei hhorh°od rt , Full standards =built to ultimate # of road lanes C made ou , Coletors & ittee Repo u ds ransportation Su .c l a traffic signal at the Bt re Tualatin areintersection Ro Fu115tandar b Edgewater To of Tigard for its Sune 2004 Estimates do not incudtraffc signal) Y plus Tables prepared by the City lights, landscaping excluding e sidewalks, mg osts from the estimates street storm d' atnag once the required improvements to Beef Be roadway na Rd „ypshate\SB122\K City C width' curb, 2Total improvement cost will be less on prepared by Washington county. Revised 6114104 TABLE 6 Existing & Projected Measure 50 Assessed Valuation - In 2004 Dollars t Based Upon Fixed MS 50 2003-04 AV Data And 2002 Vacant Lands 2003-04 Measure. 50 Additional MS 50 AV 'Total Future Measure 50 Calculations` For Additional Assessed Valuation Based Upon Full Build- ;Assessed Valuation in MS 50 Assessed: Valuation; Out of Vacant Land in 2004 Dollars Based Upon Future 2004 Dollars Development Bull Mt. study area $452,741,590 $312,427,479 $765,169,069 Addl' SFD AV: 1,239 units x $239,705 = $296,994,495 2Addl' Townhouse AV: 168 units x $91,863 = $15,432,984 Subtotal: $312,427,479 Existing King City $159,267,730 $133,694,207 $292,961,937 Addl' SFD AV: 504 units x $190,203 = $95,862,312 2Addl' Townhouse AV: 191 units x $91,863 = $17,545,833$ 4Addl' Apartment AV: 252 units x $47,552 = $11,983,104 sAddl' Commercial AV: 9.76 acres x $850,713 = $8,302,958 Subtotal: $133,694,207 Unincorporated King City $105,753,140 $12,286,656 $118,039,796 Addl' SFD units AV: 39 x area $190,203 = $7,417,917 2Addl' Townhouse units AV: 53 x $91,863 _ $4,868,739 Subtotal $12,286,656 "King City Plus" Totals in $717,762,460 $458,408,342 $1,176,170,802 2004 Dollars 'Based upon the median MS 50 assessed value of single family dwellings (SFD) in the Bull Mt. study area 2Based upon the average MS 50 assessed value of King City Highlands town houses south of Beef Bend Rd. 3Based upon the median MS 50 assessed value of SFDs in the unincorporated King City area °Based upon the average MS 50 assessed value of existing apartment units in the Bull Mt. Study Area @ 2S1 09CD 02800; 2S1 16BA 00100; 2S1 16BB 02100 6Based upon the average MS 50 assessed value/acre of existing developed commercial properties in King City 6 Based upon the median MS 50 assessed value of SFDs in the unincorporated King City area 6/16/04 Prepared by Washington County. wpshare\SB122\King City Plus Tables is Table na 2002 uNew Dwetl TIF vacant I,a F deter►tne S 50 2000+. 2002 VacantLar'd (use to & additional M its of revenue NeDwelling Acres A t 2000 • Futurew ine ~ SFDs 1,239 determ use to as Gres of Vacant Land population & County g R _ 0.00 acres @ 4 Townhouses: 168 A tax dwellings itslacre Single family R.6 - 241 *95 acres 4 @ 5 (SFD); 1,360 3.30 acres @ u 1'16 ntl5acr;4 00 acres @ 12 R_1 R~ t Study Area unitslacr 35 acres @5 Townhouses: unitslacre Land guU N1 R 6 - 26 2002 vacant (Metro SFDs; 504 - Iti~Sac 4.10 acres @ 12 Invento) ea, Al Urban Reserve A12;1 99) ouseS:191 unitslacre Townh 2000 Vacant Land (R_g 10 acres; lz' (Metro SFDs: 504 4 1326 acres @ Apartment units: 252 Inventor) a Area 4? - R 2 slacre Urban ge & 1 ouses: 191 LC -9.16 acres • King City 504 SFDs & 191 12:199) townhouses Townh ; 252 Metro 2002 Va%C y) d Existing (R g _ 70 acre s; R' Apartments ( & Icing it 24 _ 13.26 acres @ 19 Inventory 24 SFDs: 19 + = 39 L~ ( mercial) I;imited Com + R 6 - 3.80 acres @ 5 9 acres Vacant Land . 90 itslacre Townhouses: 53 (Metro 2000 in Cit) un acres & 4 + 46 g.9 - 2.80 SFDs: 4 K Inventor @ acres @ 5 unitslacre L 6 - 8 .80 Townhouses: 74 g.15 - 4.40 acres @ 12 ted King Ctty unitslacre its/acre Unincorpora g-9 - 6.50 acres @ 7 un Vacant Land etrO IMvento 0)2 gil5ac 6.24 acres @ 12 n 2000 and 2002 and Plus Tables etwee city unitslacre 0 VacantL velopedb 122\Kill Metro 2000 Kin Cit) for properties de WpshaYe\SB Inventor aidTIF revenue and new A t lands in order to not double count p 2002 vacan 6 Used on County -15p4 pcepaiedby washings Entered into the Record on 1A-22- By KaW 5fnbbaj Agenda Item # 10 _ Exhibit # t_ MY TESTIMONY TONIGHT IS TO CONCENTRATE ON THE PARKS "WHITE PAPER" REPORT. EARLY IN THE YEAR THE CITY WISELY IDENTIFIED AREAS OF DEFICIENCIES IN THEIR ANNEXATION PLAN AND ELECTED TO EXTEND THE ANNEXATION VOTE UNTIL JULY 2004 FOR THE PURPOSE OF ESTABLISHING COMMITTEES TO ADDRESS VARIOUS NOTED DEFICIENCIES IN THE ORIGINAL PLAN. THEY WERE TASKED WITH DEVELOPING "WHITE PAPERS" REPRESENTING RESIDENTS CONCERNS IN FOUR IDENTIFIED AREAS. THEY NOW HAVE COMPLETED THESE "WHITE PAPERS" AND RECOMMENDATIONS TO THE CITY ON HOW ISSUES IDENTIFIED BY THE SUBCOMMITTEE MEMBERS COULD BE ADDRESSED UPON ANNEXATION. IN REVIEWING THE "WHITE PAPER" REPORT FOR PARKS, IT APPEARS THAT SOME OF THE IDENTIFIED AREAS UNDER CONSIDERATION WERE SELECTED WITH A SORT OF "PIN THE TAIL ON THE DONKEY" APPROACH. BY THIS I MEAN THAT THERE WAS NOT A WELL PLANNED OUT PLAN IN IDENTIFYING SOME AREAS. ONE OF WHICH IS ON MY PROPERTY. WHILE THE EFFORTS OF THE SUBCOMMITTEE WERE A NOBEL EFFORT, THEY FAILED TO CONSIDER WHOSE PROPERTY WAS TO BE INCLUDED IN THE PLAN. I HOPE THE CITY WILL NOT REVISIT A FORMER HEARTACHE ACTIVITY IN ATTEMPTING TO ACQUIRE PARK PROPERTY WITHOUT DUE COMPENSATION FOR THESE PROPERTIES. I CERTAINLY DO NOT WISH TO RE-PURCHASE MY PROPERTY IN THE FORM OF TAXES AND OTHER COSTS FOR THIS PROPERTY. 1 OTHER DESCRIPTIONS OF "NODEL" PARKS BEING CONSIDERED IN THE REPORT WOULD APPEAR TO BE IN THE MIDDLE OF EXISTING STREETS. IN SUMMARY, I BELIEVE THAT THE "WHITE PAPERS" FOR PARKS CONTINUES TO BE DEFICIENT AND WILL REQUIRE MORE WORK. THESE SUBCOMMITTEES DID NOT HAVE ENOUGH TIME TO DEVELOP A FINELY TUNED PLAN FOR PARKS. I WOULD RECOMMEND THAT THE CITY NOT ADOPT THE PARK "WHITE PAPERS" AS WRITTEN. MY RIGHTS AND LIVABILITY WOULD BE ADVERSELY AFFECTED BY TAKING MY PROPERTY. THERE ARE OTHER AREAS THAT WOULD BE ACCEPTABLE ON THE MOUNTAIN. Entered innto the Record on !n 22 Mar Aiar `~~iOWalld Agenda Item # J~ Exhibit # i' MY TESTIMO► Y TONIGHT IS TO CONCENTRATE ON THE PARKS "WHITE PAPER" REPORT. EARLY IN THE YEAR THE CITY WISELY IDENTIFIED AREAS OF DEFICIENCIES IN THEIR ANNEXATION PLAN AND ELECTED TO EXTEND THE ANNEXATION VOTE. UNTIL JULY 2004 FOR THE PURPOSE OF ESTABLISHING COMMITTEES TO ADDRESS VARIOUS NOTED DEFICIENCIES IN THE ORIGINAL PLAN. THEY WERE TASKED WITH DEVELOPING "WHITE PAPERS" REPRESENTING RESIDENTS CONCERNS IN FOUR IDENTIFIED AREAS. THEY NOW HAVE COMPLETED THESE "WHITE PAPERS" AND RECOMMENDATIONS TO THE CITY ON HOW ISSUES IDENTIFIED BY THE SUBCOMMITTEE MEMBERS COULD BE ADDRESSED UPON ANNEXATION. IN REVIEWING THE "WHITE PAPER" REPORT FOR PARKS, IT APPEARS THAT SOME OF THE IDENTIFIED AREAS UNDER CONSIDERATION WERE SELECTED WITH A SORT OF "PIN THE TAIL ON THE DONKEY" APPROACH. BY THIS I MEAN THAT THERE WAS NOT A WELL PLANNED OUT PLAN IN IDENTIFYING SOME AREAS. ONE OF WH[CH IS ON MY PROPERTY. WHILE TIRE EFFORTS OF THE SUBCOMMITTEE WERE A NOBEL EFFORT, THEY FAILED TO CONSIDER WHOSE PROPERTY WAS TO BE INCLUDED IN THE PLAN. I HOPE. THE CITY WILL NOT REVISIT A FORMF.R HEARTACHE. ACTIVITY IN ATTEMPTING TO ACQUIRE PARK PROPERTY WITHOUT DUE COMPENSATION FOR THESE PROPERTIES. I CERTAINLY DO NOT WISH TO RE-PURCHASE MY PROPERTY IN THE FORM OF TAXES AND OTHER COSTS FOR THIS PROPERTY. 1 OTHER DESCRIPTIONS OF "NODEL" PARKS BEING CONSIDERED IN THE REPORT WOULD APPEAR TO BE IN THE MIDDLE OF EXIS'T'ING STREETS. IN SUMMARY, I BELIEVE THAT THE "WHITE PAPERS" FOR PARKS CONTINUES TO BE DEFICIENT AND WILL REQUIRE MORE WORK. THESE i SUBCOMMITTEES DID NOT HAVE ENOUGH TIME TO DEVELOP A FINELY TUNED PLAN FOR PARKS. I WOULD RECOMMEND THAT THE CITY NOT ADOPT THE PARK "WHITE PAPERS" AS WRITTEN. MY RIGHTS AND LIVABILITY WOULD BE ADVERSELY AFFECTED BY TAKING MY PROPERTY. THERE ARE OTHER AREAS THAT WOULD BE ACCEPTABLE ON THE MOUNTAIN. Entered into the Record on 1x-22 •D4 By Kau Palmer Agenda Item # I Q_ Exhibit # STATEMENT OF KATHLEEN PALMER PRESENTED TO TIGARD CITY COUNCIL AT ITS MEETING ON JUNE 22, 2004 REGARDING BULL MOUNTAIN "WHITE PAPER" PROPOSALS Good evening. i*a6o s~ X444- ~-~p~aCcd I am Kathy Palmer. My husband and I have liveeon High Tor on Bull Mountain for the last nine years, where we've chosen to live because of the peace and quiet and country charm, as well as it's nearness to the advantages of the cities of Tigard and King City. However, little did we realize how quickly our dreams would be dispelled by the hammering of construction just down the street from us. Not only has it been noisy, but when visiting the new neighborhoods, I'm hard pressed to get through with cars parked on each side of the street. The new streets are very narrow with high rise houses crammed together. Where's the charm? Now we are being asked to consider the Bull Mountain Annexation Plan. As far as I can determine, our property taxes will go up, and we.afe urft.--U definitely adversely impacted. The Streets Committee was created to improve the Bull Mountain Annexation Plan, to add detail and to tell residents what benefits they would receive. However, the Streets White Paper does not provide any detail or commitments to street improvements, except to generally refer to improvements over the next 20 years. We have seen no improvements to property that has been already annexed on the north side of Bull Mountain Road. Where has this tax money gone that has been collected from these properties? Has this money been reinvested for use on Bull Mountain? Finally, there is no commitment from the City of Tigard on how to make streets safer. In review, there is not enough information included in the Streets White Paper and there is no commitment, only the recommendations of the proposed white paper, from the City of Tigard. And the planning before annexation, as required by ORS 195.222(2), has not been completed. i i And therefore, as evidenced by the previous examples, my neighbors, my husband and I would be adversely impacted by the adoption of the Bull Mountain Annexation Plan. AGENDA ITEM # FOR AGENDA OF June 22,2 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA TITLE: APPROVE APPOINTMENT OF JANE MCGARVIN AS DEPUTY CITY RECORDER PREPARED BY: LIZ NEWTON VI-11 DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should Jane McGarvin be appointed Deputy City Recorder? STAFF RECOMMENDATION Approve the attached resolution appointing Jane McGarvin as Deputy City Recorder. INFORMATION SUMMARY City Recorder Cathy Wheatley is on a six (6) month leave of absence until December 3, 2004. Deputy City Recorder Greer Gaston has been temporarily reassigned to the Records Division to provide continuity in the division until a vacancy can be filled. Jane McGarvin is the Deputy City Recorder for the City of Lake Oswego. The City of Tigard has entered into an agreement with the City of Lake Oswego to allow Jane McGarvin to serve as Tigard's Deputy City Recorder on a temporary basis. Jane will be working at Tigard City Hall 40 hours a week including attendance at all Council meetings. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Resolution FISCAL NOTES Lake Oswego will be paid $5,166.94 per month from June 30, 2004 to December 3, 2004. i:Aadm4caolutionAmia appointing jane mcgarvin dep recorder.doc6=04