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City Council Packet - 02/14/2006 CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING February 14, 2006 COUNCIL MEETING WILL BE TELEVISED 1:\0fs\Donna's\Ccpkt1 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. 3 , I ForAgendaof 3,,QC,0La TIGARD Tigard City Council Meeting Minutes Date: February 14, 2006 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Agenda Item Discussion & Comments Action Items follow u Study Session Commuter Rail Senior Planner Nachbar referred to the City Council Council approved Station discussion on this item during the January 17, 2006, Resolution No. 06-06 to Council meeting. Council will be asked to approve a allocate funds in FY 06-07 resolution to allocate funding for the commuter rail for Commuter Rail Shelter shelter upgrade on the Consent Agenda (Item No. Upgrade during the Business 3.6). The estimated cost is $91,000. Meeting (Consent Agenda No. 3.6) Administrative Council reviewed the following with staff: Items o Council received a copy of a February 13, 2006, e- mail from Sarah Walch of the Youth Advisory Council noting support of the Tualatin River Bridge Project (Agenda Item No. 8) o Public Safety Levy Support- Mayor Dirksen advised he was asked if his name could be used in literature supporting the levy. There were no objections from the City Council. o Potso Dog Park - Coe Manufacturing has submitted a development application for their site and the dog park might need to be moved from Coe's property. The agreement between Coe Manufacturing and the City states that Coe Manufacturing will give the City 90 days' notice if they will no longer provide the property for the dog park. COUNCIL MINUTES - FEBRUARY 14, 2006 page 1 Agenda Item Discussion & Comments Action Items follow u o Council Agendas - Staff was asked to notify the A paper copy of an agenda, Council in advance when meetings were likely to showing estimated times be long. for agenda items, will be delivered to the Council when they receive their meeting packet (CD or hard copy). Executive Session The Tigard City Council went into Executive Session at 6:40 p.m. to discuss labor negotiations and real property transaction negotiations under ORS 192.660(2)(d) and (2)(e). Executive Session concluded at 7:29 p.m. Business Meeting 1.1 Mayor Dirksen called the City Council and the Local Contract Review Board to Order at 7:38 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: Councilor Harding advised that the Tigard Police Department is hosting a Shred-It event on Saturday, February 25, from 10 a.m. - 2 p.m. in the City Hall parking lot. Citizens may bring household documents for shredding. Councilor Harding announced a tree planting event at Bonita Park on February 25 from 9 a.m. - noon. Call Tualatin Riverkeepers (503) 620-7507 for information. Mayor Dirksen was invited by Metro to Mayor Dirksen will share his participate in a Mayors and Chairs Forum. The presentation with the press text of his presentation will be available on the and staff will it on the City of Tigard's website. City's website. COUNCIL MINUTES - FEBRUARY 14, 2006 page 2 Agenda Item Discussion & Comments Action Items follow u City Manager Prosser introduced Finance Director Bob Sesnon who started at the City on February 13, 2006. 2. Citizen • Tigard High School Student Envoy jasmina Communication Dizardik presented a report to the City Council on Tigard High School Activities. A copy of her report is on file in the City Recorder's office. • Gretchen Buchner, 13249 SW 1361h Pl., Tigard, Councilor Wilson said this Oregon, raised an issue regarding property being issue that will be included in developed between 147th and 150th Avenues off of the Code revision discussion Beef Bend Road. The trees were left on the at next week's joint Meeting steepest slopes but the rest of the area was clear with the Planning cut, creating an eyesore and potential for Commission. landslides. She said tree removal requirements for slopes need to be reviewed. Mayor Dirksen noted that this land is not in the City limits, but in the urban services area; therefore, any change adopted by Tigard would need to be adopted by the County also. Councilor Harding said she wants to discuss at next week's Planning Commission meeting, the negative effects development can have on neighboring properties. • Cleon Cox III, 13580 SW Ash Ave., Tigard, OR, discussed his perception of a lack of communication and customer service from the City. He recalled being the only person to testify in person on a particular matter at a prior Council meeting, yet he knew a neighbor had submitted written comments in a letter. He did not see the letter opened and read at the meeting. His concern is that a decision was made without consideration of all available public input. He realizes that the Council is charged with making decisions but must rely on information given to them by staff. He urged the Councilors to make sure the staff is doing all they can to get them necessary information. He was in the City's volunteer leadership group and their final project was to put together a packet of communication ideas. This was given to the Assistant to the City Manager. He said citizens who want to be heard COUNCIL MINUTES - FEBRUARY 14, 2006 page 3 Agenda Item Discussion & Comments Action Items follow u do not feel heard. People who had issues felt they were not being listened to by City staff and the Council. He asked how this can be resolved. Mr. Cox used an example of a citizen asking about a Highway 99W traffic issue, who was told that ODOT was in charge of the highway. Why, Mr. Cox asked, didn't the staff person talk to ODOT rather than suggest that the citizen do it? He said City staff members know the transportation lingo and could be more effective. Mr. Cox reiterated that communication must be improved. Councilor Harding asked him for suggestions and requested information from him for, next week's meeting where better communication is an agenda item. Fifth Tuesday Meeting Follow-up: City Council and City Manager Prosser discussed the issue regarding Development Code regulations for towers. This matter was brought to the City Council at its January 31 Fifth Tuesday meeting because of a radio tower constructed in a neighborhood. Interim Community Development Director Coffee said the Development Code does not define the term "attached" as it applies to an accessory structure. Whether or not a structure is attached to the main structure affects setback requirements. Councilor Wilson requested that tower height and attachment requirements be added to the list of items for the Development Code discussion with the Planning Commission next week. It was noted that the neighborhood group that attended the January 31 Fifth Tuesday meeting should be provided a status report on what is being done to look into their concerns. In addition there was a suggestion that the process to appeal staff interpretations be discussed with the Planning Commission next week. Other matters at the Council's Fifth Tuesday meeting included: COUNCIL MINUTES - FEBRUARY 14, 2006 page 4 Agenda Item Discussion & Comments Action Items follow u o A signal at Main Street and Tigard Street - This will be reviewed as part of the downtown development. o Suggestion for feedback in the Cityscape for Parks and Recreation. (Parks and Recreation Advisory Board feedback). o Concern with changes with a development after the developer's meeting with a neighborhood. It was noted that the public should be informed that a development could change as it moves through the process, which includes public hearings. City Manager Prosser indicated he would review the notes from the Fifth Tuesday Meeting and provide the City Council with additional follow up information. 3. Consent Agenda 3.1 Approve Council Minutes for January 6, and 10, Motion by Councilor 2006 Sherwood, seconded by Councilor Wilson, to 3.2 Receive and File: approve the Consent a. Council Calendar Agenda. b. Tentative Agenda c. January 31, 2006, Fifth Tuesday Meeting The motion was approved Notes by a unanimous vote of Council present. 3.3 Local Contract Review Board: a. Approve the Purchase of a Loader/Backhoe Mayor Dirksen Yes from Halton Company Councilor Harding Yes b. Award Construction Contract for Information Councilor Sherwood Yes Technology Building Electrical Upgrade and Councilor Wilson Yes Emergency Generator Power Supply to Councilor Woodruff Yes Frahler Electric 3.4 Approve Budget Amendment No. 9 to Increase Appropriations in the Traffic Impact Fee Fund for Funding of Walnut Street Right-of-Way Acquisition and the Street Maintenance Fee Fund for Funding of Additional Costs Related to the Pavement Major Maintenance Program- Resolution No. 06-05 A RESOLUTION APPROVING BUDGET COUNCIL MINUTES - FEBRUARY 14, 2006 page 5 Agenda Item Discussion & Comments Action Items follow u AMENDMENT #9 TO THE FY 2005-06 BUDGET TO INCREASE APPROPRI- ATIONS IN THE TRAFFIC IMPACT FEE FUND FOR FUNDING OF WALNUT STREET RIGHT-OF-WAY ACQUISITION AND THE STREET MAINTENANCE FEE FUND FOR FUNDING OF ADDITIONAL COSTS RELATED TO THE PAVEMENT MAJOR MAINTENANCE PROGRAM 3.5 Approve Intergovernmental Agreement (IGA) with Washington County for use of MSTIP3 Bike and Pedestrian Program Funds on the Washington Square Regional Center Greenbelt Trail Project 3.6 Approve the Allocation of Funds in FY 06-07 for Commuter Rail Shelter Upgrade - Resolution No. 06-06 A RESOLUTION TO ALLOCATE FUNDS IN FY 06-07 FOR COMMUTER RAIL SHELTER UPGRADE 4. Consider a Jim Wolf, Police Public Information Officer, Motion by Councilor Resolution of introduced Andy Johansen, Director of Information Wilson, seconded by Gratitude to Services for Providence Health System. Mr. Wolf Councilor Woodruff, Providence Health said Providence made a generous donation of $7,500 to approve Resolution Systems for their to the Tigard Police D.A.R.E. summer camp No. 06-04. donation to program. The program provides positive summer support Tigard activities while reinforcing the importance of staying The motion was approved Police D.A.R.E. drug and violence free. These week-long camps are by a unanimous vote of Summer Camp available free of charge to the City's 4th, 5th and 6th Council present. Programs grade students. Mayor Dirksen and the Council extended appreciation for their involvement and Mayor Dirksen Yes caring for the community. Mayor Dirksen presented Councilor Harding Yes Mr. Johansen with a framed recognition plaque. Councilor Sherwood Yes Councilor Wilson Yes RESOLUTION NO. 06-04 - A RESOLUTION OF Councilor Woodruff Yes THE TIGARD CITY COUNCIL EXPRESSING GRATITUDE TO PROVIDENCE HEALTH SYSTEM FOR A $7,500 DONATION TO THE TIGARD POLICE DEPARTMENT "D.A.R.E. TO BE GREAT" SUMMER CAMPS COUNCIL MINUTES - FEBRUARY 14, 2006 page 6 Agenda Item Discussion & Comments Action Items follow u 5. Mayor Dirksen opened the Public Hearing on Motion by Councilor Public Hearing - finalizing the Sewer Reimbursement District 05-51. Wilson, seconded by Consider a City Engineer Duenas testified that the project is Councilor Sherwood, Resolution complete and sewer service can be made available to to approve Resolution Finalizing Sewer the lot owners. He described the process and No. 06-07. Reimbursement timeline in a PowerPoint presentation. District No. 35 The motion was approved (Ash Avenue) Public Hearing Testimony- by a unanimous vote of Council present. Cleon Cox III said he had several things he wanted to point out: 1) During testimony on the formation of Mayor Dirksen Yes District No. 35, he said there were two protests, his Councilor Harding Yes and another one written by a woman who could not Councilor Sherwood Yes attend the meeting. He said her written testimony Councilor Wilson Yes was not opened during the public hearing. He Councilor Woodruff Yes thought the meeting minutes should reflect that. 2) He asked why this was not made into a Local Improvement District. 3) His final bill had increased by 50% and there was a 10% increase in cost within six months, which was high. He asked what this rate was based on. He noted that one person listed on this District's map lived closer to an existing line on Garrett Street than the proposed line on Ash Street. Mr. Cox wondered why City staff didn't know about this option for that owner's corner lot. He also questioned the lateral line depths recommended by the City. Mayor Dirksen asked City Engineer Duenas to discuss the lateral line depth estimates. Mr. Duenas said they plan for worst-case scenarios but owners are notified to coordinate their property's particular requirements with the inspector. Councilor Wilson asked why initial estimates differed from final costs. Mr. Duenas said all of the bids were higher than the estimate. The cost of materials had gone up 20%, partially due to the increased distance contractors had to travel to obtain gravel. Unstable land issues experienced during sewer line construction in the Edgewood/O'Mara Sewer District made contractors apprehensive of bidding too low. Mayor Dirksen said Tigard has a five-year plan to make sewer available to all residents. Mr. Duenas said it makes more sense to do it systematically rather than react to each case of septic sstem failure. COUNCIL MINUTES - FEBRUARY 14, 2006 page 7 Agenda Item Discussion & Comments Action Items follow u Mr. Cox said the district was not wanted. Councilor Sherwood reminded him that people do not have to hook up at the time the lines are put in their street. City Manager Prosser suggested that Mr. Cox meet with City Engineer Duenas to get his specific questions answered. Mayor Dirksen closed the public hearing. RESOLUTION NO. 06-07 - A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 35 (SW ASH AVENUE) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 05-51 6. Associate Planner Duane Roberts gave the staff Motion by Councilor Affordable report. Non-profit community mental health agency Woodruff, seconded by Housing Fee provider Luke-Dorf was the only applicant for the Councilor Harding, to award Assistance Request second half of the FY 05-06 funding period. They $2,243 in Affordable requested $2,243 to offset building permit fees on Housing Fee Assistance to major repairs to a group home located on Hall Blvd. the Luke-Dorf. Luke-Dorf representative Howard Spanbock discussed their programs. The Mayor and Council The motion was approved expressed support and appreciation to Luke-Dorf for by a unanimous vote of providing these services to the community. Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 7. Parks Manager Dan Plaza and Public Works Director Motion by Councilor Consider Koellermeier provided information to the Council Sherwood seconded b Amending the regarding the approval of this IGA as it relates to Councilor Wilson, to Tualatin River increased construction costs and bringing in Clean approve the IGA Bicycle and Water Services as a full partner. At the January 24, amendment. Pedestrian Bridge 2006 Council meeting, Council was informed that the IGA and Commit Tualatin River Bicycle and Pedestrian Bridge project The motion was approved Additional Funds had incurred significant cost increases. Agenda Item by a unanimous vote of to the Project No. 8 addresses increasing appropriations for the Council present. project. Mayor Dirksen said the other partners have already approved it and the City needs to join them; Mayor Dirksen Yes he noted the longer we wait, the more expensive it Councilor Harding Yes mi ht become. Councilor Sherwood Yes COUNCIL MINUTES - FEBRUARY 14, 2006 page 8 Agenda Item Discussion & Comments Action Items follow u Councilor Wilson Yes With Clean Water Services coming in as a partner, Councilor Woodruff Yes Tigard's maintenance share for the bridge is reduced from 57.5% to 45% - a reduction of 12.5% over the life of the bridge. Councilor Wilson discussed a letter from Western Wood Structures of Tualatin questioning the use of steel rather than wood from a local company. Mr. Plaza noted that the City has purchased bridges from Western Wood Structures in the past and that the material choice for this bridge was controlled by the Oregon Department of Transportation. Their concern is leachates into the stream. Both steel and timber trusses were evaluated and it was determined that steel would last longer and require less maintenance. He noted that the steel will be 100% USA-manufactured. It was noted that the Tigard Youth Advisory Council recommended that the City Council approve this project. 8. Parks Manager Dan Plaza said Budget Amendment Motion by Councilor Consider a #8 pertains to the increased construction costs of the Wilson, seconded by Resolution Tualatin River Bicycle and Pedestrian Bridge. On Councilor Sherwood, to Approving Budget January 24, 2006, Council directed staff to prepare this approve Resolution No. 06- Amendment #8 to amendment. 08. the FY 05-06 Budget to Increase The current FY 05-06 adopted budget for the The motion was approved Appropriations in pedestrian bridge is $250,125. Tigard's share for by a unanimous vote of the Parks Capital this project in FY 05-06 is now $592,578. So that Council present. Improvement this project does not show that it went over budget, Budget for this amendment is necessary to increase the amount Mayor Dirksen Yes Funding of budgeted for the project. The project budget will be Councilor Harding Yes Additional Costs increased by a transfer of $150,000 from the Parks Councilor Sherwood Yes Related to the Capital Contingency Fund and a transfer of Councilor Wilson Yes Tualatin River budgeted appropriations of $192,453 from the Councilor Woodruff Yes Bicycle and Washington Square Regional Center Trail, which Pedestrian Bridge was delayed to FY 06-07. This amendment does not change actual funding sources for the Washington Square Regional Center Trail, only the budget appropriations. The pedestrian bridge expenditure will be paid with $224,928 in MTIP funds, and $367,650 in SDC funds specifically allocated for this project. Council Wilson asked the staff if, as the contingency fund will now be at zero, COUNCIL MINUTES - FEBRUARY 14, 2006 page 9 enda Item Discussion & Comments Action Items follow u they were comfortable with this. Parks Manager Plaza and Public Works Director Koellermeier stated that they were. Councilor Harding noted that we have money available now that will not be available later so we need to fund this bridge project since the Washington Square project was postponed. Councilor Wilson said the contingency fund is there for a reason and this certainly is a contingency. Mayor Dirksen acknowledged the Parks staff for their creative solution in finding funding for this project. 9. Adjournment: 9:12 p.m. Motion by Councilor Woodruff, seconded by Councilor Harding, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Catherine Wheatley, City Recorder Attest: Mayor, .i~tyy of Tigard Date: y / /cut6/~, / 0 00 ~O iladmkathy\c \2000\000214.doC COUNCIL MINUTES - FEBRUARY 14, 2006 page 10 TI(T,1_l1U) (,ITY COUNCII' I FETING I ~l)ru:ll 14, 2000 G:)O p.m. I IGARD C1 t'Y l 1,11 1. 1 125 SW HALL BLVD F 1 1CT:RD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:3012.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA Z COUNCIL AGENDA - FEBRUARY 14, 2006 page 1 AGENDA TIGARD CITY COUNCIL MEETING FEBRUARY 14, 2006 6:30 PM • STUDY SESSION > Commuter Rail Station o Staff Report: Community Development Department • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss Labor Negotiations and Real Property Transaction Negotiations under ORS 192.660(2)(d) and (2)(e). 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. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Follow-up to Previous Citizen Communication • Tigard High School Student Envoy Report 7:45 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for January 6, and 10, 2006 3.2 Receive and File: a. Council Calendar b. Tentative Agenda c. January 31, 2006, Fifth Tuesday Meeting Notes COUNCIL AGENDA - FEBRUARY 14, 2006 page 2 3.3 Local Contract Review Board: a. Approve the Purchase of a Loader/Backhoe from Halton Company b. Award Construction Contract for Information Technology Building Electrical Upgrade and Emergency Generator Power Supply to Frahler Electric 3.4 Approve Budget Amendment No. 9 to Increase Appropriations in the Traffic Impact Fee Fund for Funding of Walnut Street Right-of-Way Acquisition and the Street Maintenance Fee Fund for Funding of Additional Costs Related to the Pavement Major Maintenance Program- Resolution No. 06- 6 S 3.5 Approve Intergovernmental Agreement (IGA) with Washington County for use of MSTIP3 Bike and Pedestrian Program Funds on the Washington Square Regional Center Greenbelt Trail Project 3.6 Approve the Allocation of Funds in FY 06-07 for Commuter Rail Shelter Upgrade - Resolution No. 06-0 ~ • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed firm the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:50 PM 4. CONSIDER A RESOLUTION EXPRESSING GRATITUDE AND COMMENDING PROVIDENCE HEALTH SYSTEMS FOR THEIR EXPRESSION OF COMMUNITY INVOLVEMENT BY GENEROUSLY SUPPORTING THE TIGARD POLICE D.A.R.E. SUMMER CAMP PROGRAMS • Staff Report: Police Department • Council Discussion • Council Consideration: Resolution No. 06- 7:55 PM 5. PUBLIC HEARING: CONSIDER A RESOLUTION FINALIZING SEWER REIMBURSEMENT DISTRICT NO. 35 (SW ASH AVENUE) a. Open Public Hearing b. Staff Report: Engineering Staff C. Public Testimony d. Staff Recommendation C. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 06- J 7 COUNCIL AGENDA - FEBRUARY 14, 2006 page 3 8:05 PM 6. AFFORDABLE HOUSING FEE ASSISTANCE REQUEST • Staff Report: Community Development Department • Review Request and Respond to City Council Questions: Luke-Dorf Executive Director Howard Spanbock • Council Discussion • Council Consideration: Motion to grant fee assistance to Luke-Dorf in the amount of $2,243 8:20 PM 7. CONSIDER AMENDING THE TUALATIN RIVER BICYCLE AND PEDESTRIAN BRIDGE INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE CITIES OF DURHAM AND TUALATIN TO ADD CLEAN WATER SERVICES AS A PARTNER AND TO COMMIT ADDITIONAL FUNDS TO THE PROJECT • Staff Report: Public Works Department • Council Discussion • Council Consideration: Motion to approve the Intergovernmental Agreement with the Cities of Durham and Tualatin, and Clean Water Services. 8:30 PM 8. CONSIDER A RESOLUTION APPROVING BUDGET AMENDMENT #8 TO THE FY 05-06 BUDGET TO INCREASE APPROPRIATIONS IN THE PARKS CAPITAL IMPROVEMENT BUDGET FOR FUNDING OF ADDITIONAL COSTS RELATED TO THE TUALATIN RIVER BICYCLE AND PEDESTRIAN BRIDGE • Staff Report: Finance Department • Council Discussion • Council Consideration: Resolution No. 06- 0 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(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. 8:45 PM 11. ADJOURNMENT 0adm\cathy\cca\2006\060214 new logo.doc COUNCIL, AGENDA - FEBRUARY 14, 2006 page 4 ~ i STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING February 14, 2006 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • STUDY SESSION > Commuter Rail Station o Staff Report: Community Development Department • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss Labor Negotiations and Real Property Transaction Negotiations under ORS 192.660(2)(d) and (2)(e). 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. • ADMINISTRATIVE ITEMS o Items for tonight's business meeting: ■ Copy of 2/13/06 E-Mail from Sarah Walch of the Youth Advisory Council noting support of the Tualatin River Bridge Project (Agenda Item No. 8) o Public Safety Levy Support - Mayor Dirksen o Potso Dog Park o Council Agendas with Estimated Times > COUNCIL CALENDAR February 14* TuesdayCouncil Business Meeting - 6:30 pm, Town Hall 21* TuesdayCouncil Workshop Meeting - 6:30 pm, Town Hall 20 MondayPresidents Day Holiday - City Offices Closed 28* TuesdayCouncil Business Meeting - 6:30 pm, Town Hall Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (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 specifically 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. 192.660 (2) (i) - 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 carry 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. is\adm\cadiy\cca ss\2006\060214ps.doc ,Cathy Wheatley - TYAC support of Tualatin River Bridge Project From: <pinkpanther124@att.net> To: <cathy@tigard-or.gov> Date: 2/13/2006 6:19:01 PM Subject: TYAC support of Tualatin River Bridge Project Mayor and Council, On February 1, at the Tigard Youth Advisory Council's meeting, we supported the Tualatin River Bridge project. It will provide a critical link between the Tualatin skate park and south Beaverton. It will also provide easier access to youth and connect the parks in both Tigard/Durham and Tualatin. Thank you, Sarah Walch Member of the Youth Advisory Council CITY MANAGER CITIZEN COMMUNICATION FOLLOW UP FOR THE FEBRUARY 14, 2006 MEETING At the last City Council business meeting held on January 24, 2006, the following individual(s) testified during Citizen Communications to the City Council: • John Frewing spoke about the Parks System Development Charges. He said he spoke at a Council meeting one year ago saying he felt these charges were too low and needed to be revised annually. His concern was that the property values continue to rise and the SDC's need to keep pace. Mayor Dirksen asked Dan Plaza to comment and Mr. Plaza said SDC's are increased annually in January. • Dave George, of 13132 SW Ascension Drive in Tigard, said he was representing his neighbors and himself. He said their concern is the lack of parks and open spaces. As a teacher he used open spaces as outdoor classrooms and feels that many people enjoy hiking, bird watching and observing wildlife. He is frustrated to see so many open areas disappearing due to development. Mayor Dirksen said the City of Tigard shares his concern and is trying to gain more local control with policy changes. He said this Council is looking for properties not only inside but outside of the Tigard city limits for future open spaces and parks. Councilor Wilson said he was disappointed in a recent public opinion poll that showed people were not interested in spending much for parks. He suggested that Mr. George and others talk it up among their neighbors. He would like a bond measure for parks. Follow-up to Previous Citizen Communication: There will be follow-up on the Refuge at Fanno Creek project later at this meeting. I:\adm\cathy\ccm\citizen communication follow up\060124.doc AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE : FEBRUARY 14, 2006 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. This is a City of Tigard pub/ic meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED G(~-~ y 3 -~£Sy ~o2 e l D Co X O- LAEIz 0f- On o aunt o~-71 '1S 13S F0 5W rq.s/4 eve- W- afs-rDme-K T~6~P~ (o~y-3s~J s~dUx,~ CITIZEN COMMUNICATION Page 1 Tigard High Leadership 9000 SW Durham Road - Tigard - Oregon- 97224 (503) 431-5518 - FAX (503) 431-5410 http://ths.ttsd.kl2.or.us/leadership/home.html 200`5:200fi City Council Report: February 14, 2006 "Notti`g,: Student Envoy: Jasmina Dizdarevic ~Less I. Academics `:Acviites a. We're into our third week of the new 7udy Edtl?',`.. semester II. Athletics ;Peaden# a. Girls Basketball is 9-5, currently 3"d in Pac- 'KistaFot 9-most likely playoff contenders viceRresid'e'nt b. Boys Basketball is 9-3, currently in 3rd in Pac-9-most likely playoff contenders as well ?Atvitres c. Wrestling asmn'a i. Districts were the 10-11th Dizzdarevc ii. They were hoping to qualify at least . 4 guys to State ;'Secretary ; Karyri Silva d. Tigerettes hosted a dance competition this weekend Treasure'r:• f~>`'`'~ III. Arts ;Charlie 5ari`dpo;:< a. Choir >Human Relafons i. Performed for the 8th grade Steel 'a' idiMIA s students :Assemplies ii. Spring Concert coming up on March aeSgecFf 7th b. Band :Spirit:: i. Performed this weekend at our iane;torie Senior Citizen's Prom ii. Also performed for 8th graders c. Theatre Ru0ken:.::: i. Rehearsals for Space Pandas are well Tec1rCoord.'i'nator on their way Austin>Ruferier ii. Thespians had Regionals and Travis Brown, Austin McKee, Steven Thompson, Eric Elliot, and Kim Belair, are set to compete at State :•f: IV. ACTIVITIES L 8th Grade Orientation Visit on Monday February 13 1. Presentation of choir, band, guitar, and orchestra 2. Presentation pf elective courses 3. We had over 530 8th graders ii. Senior Citizen's Prom 1. February 11, 2006 2. 70 people came 3. it was the 20th anniversary of the event iii. MORP 1. Feb 11, 2006 (8-11pm) 2. The theme was Mardi Gras 3. We raised over $3,000 MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council Agenda Item No. . For Agenda of February 14, 2006 FROM: Cathy Wheatley, City Recorder DATE: February 6, 2006 SUBJECT: Three-Month Council Meeting Calendar Regularly scheduled Council meetings are marked with an asterisk February 14* Tuesday Council Business Meeting - 6:30 pm, Town Hall 21 * Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 20 Monday Presidents Day Holiday - City Offices Closed 28* Tuesday Council Business Meeting - 6:30 pm, Town Hall March 11-15 Sat-Weds. Congressional Cities Conference 14* Tuesday Meeting to be rescheduled 21 * Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 28* Tuesday Council Business Meeting - 6:30 pm, Town Hall April 11* Tuesday Council Business Meeting - 6:30 pm, Town Hall 18* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 24 Monday Budget Committee Meeting - 6:30 pm, Tigard Water Auditorium 25* Tuesday Council Business Meeting - 6:30 pm, Town Hall i:\adm\city council\3-month calendar (o2-14-06 cc mt0.doc 1 Tigard City Council Tentative Agenda 2006 a Meeting Date: February 14, 2006 Meeting Date: February 21, 2005 February 28, 2006 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: r Greeter: Greeter: Materials Due @ 5: January 31, 2006 Materials Due @ 5: February 7, 2005 Materials.Due @ 5: February 14, 2006 r~ 0 Study Session Workshop Agenda Study Session W Q Executive Session - Labor Neg.- Sandy 20 min. IGA - Goal 5 Fish & Wildlife Habitat Z Executive Session - Open Space & Land Acqui- Presentation of Findings & Recommendations Tualatin Basin Partners - 10 min - Tom C./Denver CW7 sition - Dennis/Dan 20 min. from Fin. Strat. Task Force - Tom I. - 45 min. Hall Blvd. Jurisdictional Transfer Discussion Z Q Commuter Rail Station - Tom C. Joint Meeting with Planning Commission - Gus D. - 10 min. 94 O Consent Agenda Overview of Comprehensive Plan Work LCRB - Approve Backhoe Pur. Dennis K./Eric H. Program - Tom C./ Beth S. - 45 min. Consent Agenda LCRB - App. IT Bldg. Ele/Em. Gen-Dennis/Rob Joint Meeting with Citizens for Community IGA - Goal 5 Fish & Wildlife Habitat Budget Amend. No. 9 - Increase approp. in Involvement - Tom C./Duane - 30 min. Tualatin Basin Partners - Tom C. Traffic Impact Fund for Walnut St. ROW Acquis. Update on Downtown Streetscape Design and St. Maint. Fund - RES Tom I./Gus D. Process and Review Design Theme Recom- Commuter Rail Sta. RES- Tom C./Phil N. mendations of the Streetscape Working Business Meeting IGA - Wash. Co.-MSTIP3 Bike/Ped. Group - Tom C./Denver - 30 min. PHQJ - Vacation of Un-Named Right of Way Funds - Gus D. Burham Street Project Update - Near 74th Ave. & Durham Rd. - ORD - Tom C. - Business Meeting PWP - Gus D. - 15 min. 10 min. Commending Providence Health Care for Com. Proposed LID in Tigard Triangle - Request by PHQJ - Vacation of Portions of Right of Way on involvement in DARE prog.-Jim W. RES- 5 min Specht Development - PWP - Gus D.- 20 min. 68th Parkway and 69th Avenue - Tom C./Dick B. Finalization of Sewer Reimb. Dist 35 PPT PH Communication Ideas Discussion - ORD - 10 min. RES - Gus/Greg B - 10 min. Councilor Harding 20 min. PHQJ - LUBA Remand of Ash Creek Estates Affordable Housing Fee Assistance Request - Subdivision - Dick B. - 50 mins Tom C./Duane - 15 min. LCRB -Post-Project Eval. Report on CM/GC Consider Amending Tualatin River Bicycle & Ped Contract for the Tigard Library Project - PWP - Bridge IGA to add Clean Water Svcs. as partner Gus D. - 10 min. and commit additional funds to project Purchase Agreement for Real Property Related Dan P./Dennis K. 10 min. to 550' Zone Res. No. 2 Dennis/Brian R- 10 min. Bud. Amend. No. 8 - Tual. Riv.Bike/Ped Bridge IGA with Lake Oswego - Share Costs RES - Michelle W./Dan P. - 10 min. for Water System Fac. Plan - Dennis K. - 10 min. Time Avail.: 135 min. - Time Scheduled: 50 min. Time Avail.: 200 min. - Time Scheduled: 205 min. Time Avail.: 135 min. - Time Scheduled: 100 min Time Left: 85 min. Time Left: (5 min.) Time Left: 35 min. THIS Student Envoy - Citizen Comm. 2/6/2006 1 Tigard City Council Tentative Agenda 2006 Meeting Date: March 14, 2006 Meeting Date: March 21, 2006 Meeting Date: March 28, 2006 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: February 28, 2006 Materials Due @ 5: March 7, 2006 Materials Due @ 5: March 14, 2006 Study Session Workshop Agenda Study Session Joint Meeting with Budget Committee - Tom I. - Councilor Wilson Absent 40 min. SI Jail Facility Inspection - Bill D. - 30 min. Proposed Capital Improvement Program Projects for FY 2006-07 - PWP - Gus D. 40 min Downtown Implementation Strategy/ Consent Agenda CIP Priorities - Tom C./Phil N. 60 minutes Consent Agenda Joint Meeting with the IWB - Dennis - 60 min. Appoint Members to the Bldg Appeals Board - RES - Tom C./Gary L. Library Policies - Margaret (need RS) Business Meeting Business Meeting Emergency Management Program Update Mike L. - 10 min Congressional Cities Conference - MEETING CANCELLED Time Avail.: 135 min. - Time Scheduled: min Time Avail.: 200 min. - Time Scheduled: 200 min Time Avail.: 135 min. - Time Scheduled: min Time Left: min. Time Left: 0 min. Time Left: min. THS Student Envoy - Citizen Comm. 2/6/2006 1 Tigard City Council Tentative Agenda 2006 Meeting Date: April Meeting Date: April 11, 2006 Meeting Date: April 18, 2006 Meeting Type/Time: Special Joint Mtg. Meeting Type/Time: Business/6:30 p.m. Meeting Typelrime: Workshop/6:30 Location: Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: #VALUE! Materials Due @ 5: March 28, 2006 Materials Due @ 5: April 4, 2006 Study Session Workshop Agenda Special Joint Meeting - TTSD & Cities of Joint Meeting with Library Board - Margaret - Tigard and Tualatin. Invitation to attend: 30 min. SI King City & Durham Enhanced Citizen Participation Update - Liz - 30 min. - Sl Consent Agenda Proposed Street Cut Moratorium - Nancy W. 20 min. PWP Business Meeting Time Avail.: 135 min. - Time Scheduled: min Time Avail.: 200 min. - Time Scheduled: 80 min Time Left: min. Time Left: 120 min. THS Student Envoy - Citizen Comm. 2/6/2006 1 6 Feb 2006 Mayors & Chairs Forum Text of Tigard Mayor Craig Dirksen's Remarks to the Forum The City of Tigard has seen a huge transition in the past two decades, going from a small town of just over 14,000 in 1980 to over 45,000 today. This over three-fold increase has created a profound change in the lifestyle and quality of life in our community. Tigard has gone from a town of primarily small houses on oversized lots to a city of many different types of environments. By careful planning and judicious application of minimum density standards we have striven to preserve our existing, traditional low-density areas while meeting the 2040 plan's capacity requirements by the inclusion of higher-density single-family and multi-family areas. In response to the Metro 2040 plan, in 1977 Tigard established its own visioning process called "Tigard Beyond Tomorrow". Residents, government professionals, business people, and community group leaders worked together to create a document identifying issues, values, and goals to guide the City Council and staff in decisions and direction. The task force continues to meet each year to review and evaluate current progress and make recommendations. Annual Council goals are chosen based on this Visioning Document, and even individual Council agenda summaries indicate which visioning goal is being addressed. Over the years the City has implemented several different plans to deal with the increase in population and the attendant need for more commercial and industrial land. Tigard has long been blessed with a healthy industrial base along the 1-5 corridor, and in '90s the city supplemented this area by changing the zoning in what came to be called the Tigard Triangle from what was once our largest residential area into one of commercial, professional and light industrial. The continuing development of the Washington Square Regional Center along with coveted commercial and retail property along highway 99W has provided Tigard with sufficient economic development to this point without much attention from local government. One goal for the future will be to de-emphasize the 99W corridor and focus commercial development in centers rather than along transportation corridors. To address that and other issues, Tigard is in year 2 of a 3-year comprehensive plan review & revision. In 2001 the City completed a detailed Transportation System Plan anticipating what street additions and improvements will be necessary to serve the city when it reaches its "built out" state. The list of necessary improvements is very large, and the cost far exceeds any expected contribution by continuing development or by conventional funding sources. So, though we have identified the problem and can see the solution, the path to that solution is still unknown. Last year Tigard and the Oregon Department of Transportation were awarded a Transportation and Growth Management grant to do a study of the 99W corridor. That study will commence this spring, with the goal of identifying specific and achievable projects to alleviate the congestion that now exists. In 2005 Tigard concluded a 3-year planning process by approving a Downtown Improvement Plan to guide the revitalization and redevelopment of our central business district. When implemented, this area will provide a semi-urban environment of mixed use high-density housing, retail and professional development, and public gathering spaces close to commuter rail and other public transportation which will help us meet residential density and capacity needs while continuing to protect the small- town feel of our older areas. The City Council has recently decided to place an Urban Renewal District on the ballot for this coming May to allow the use of Tax Increment Financing for funding of public infrastructure in the area. Despite our best efforts and some success, the rapid growth of the area and the capacity requirements placed on us by regional land use planning have negatively impacted the quality of life enjoyed by those of us who have lived here for 20 years or more. Increased capacity needs without additional land has led to development on increasingly small lots and on properties with steep slopes and adjacent to riparian corridors previously considered too difficult to develop. This has led to increased concern by local officials, to say nothing of our residents, of the impact these more intense developments have on an ever-more fragile natural environment. This has also led to rapid loss of precious open space we had formerly taken for granted at a time not long ago when our city still had cows and horses living among us. At the same time that land prices have skyrocketed, increasingly limited local budgets plus regional attention focused elsewhere has prevented the City from being able to purchase and preserve any significant portion of what little open space is left, leaving Tigard park deficient, with only about 8 acres of parks and open space per thousand residents, instead of the minimum 11 acres nationally recognized as the target. This is a crucial need to the livability of increasingly urban landscapes. People living in closer quarters need parks and open spaces in their neighborhoods to retain an agreeable quality of life. Public reaction to all this growth has been predictably negative, with displeasure with the present and pessimism for the future the near constant refrain at public meetings. Even more moderate voices express resignation rather that enthusiasm. One item that must be addressed is a solution to the problem of long-term provision of urban services to developed lands inside the urban growth boundary but outside of any municipal jurisdiction. Today 36% of Washington County residents live in these areas. The resultant imbalance of services and taxation has created a dichotomy that is, amongst other things, one of the main underlying reasons for the lack of citizen support for city and county requests for increased or even continuing funding for those services. The status quo cannot continue and must be resolved, and soon. The recent reaction and backlash to Tigard and Beaverton's attempts to meet the goals outlined by State Senate Bill 122 and Washington County's own County 2000 plan make it clear that a local solution is currently not possible; but must come from the regional level, if not the State. In spite of all this, my community and I support the concept of the urban growth boundary and the prevention of urban sprawl to preserve rural areas and agricultural land. But it is my belief that some regional planning goals and guidelines have led to unforeseen and undesirable results and the entire plan needs to be reviewed and changed to respond to the resultant reality. It is my hope that the New Look we are exploring today will be able to successfully address the problems we face. Agenda Item No. For Agenda of P COUNCIL MINUTES TIGARD CITY COUNCIL MEETING JANUARY 6, 2006 Mayor Dirksen called the meeting to order at 12:19 p.m. Council Present: Mayor Dirksen; Councilors Harding, Sherwood, Wilson, and Woodruff. 2006 Goal-Setting Discussion City Manager Prosser reviewed materials submitted to the City Council to assist in the goal- setting discussion. Materials included: • 2005 City Council Goal Status Summary • Departmental summaries of accomplishments for the year • Volunteer report • The Capital Improvement Program Progress Report for the 2005 Calendar Year Council members proceeded with a brainstorming session, with each member suggesting goals for 2006. (Recorder's Note: Attached is the proposed final 2006 City Council Goals list submitted for Council approval at its January 24, 2006, business meeting.) Below are highlights of the City Council discussion: • Revise Comprehensive Plan - complete the draft by the end of the year. Notation that the Plan is 25 years; identify where it is obsolete. • Improve relationship and communication with citizens - implement the new neighborhood program. • Implement the Downtown Plan - add specifics of what is to be implemented in 2006; identify projects such as a public gathering place in the downtown. The City Council can support the ballot measure and Council members decided they would work to get the ballot measure passed and to support the political action committee. • Improve 99W corridor. Projects in 2006 would include the implementation of the Transportation Growth Management Study and improvements to the Greenburg and Hall Boulevard intersections. • Stabilize the Financial Picture as the City Council receives the Financial Strategy Task Force report followed by appropriate City Council action. City Council members also noted the importance of continuing to control costs. • City Council members considered the potential goal to "address growth on the western border." After discussion, City Council decided the goal should be stated in terms for clarification of the City's position on the provision of urban services to unincorporated areas and to protect the interests of the citizens of Tigard. • Long-range water decisions will be necessary in 2006. COUNCIL MINUTES -JANUARY 6, 2006 a page 1 • Build skate park. There was discussion on whether this should be a subsection of a goal and it was placed under the broader goal of Implementing the Downtown Plan. • Consider opportunities to make major greenspaces purchases. After discussion, City Council members decided to add specific activities including purchasing first- refusal options and to explore property exchanges with the School District. • City Council discussed long-term water options including the joint Water Commission, City of Portland, and Lake Oswego. • Comprehensive Plan Review and Revision. There was discussion about: o High-tech development in the region - Tigard is in the center of this activity (i.e., Washington Square, Lincoln Center, Kruse Way). o Analyze trends. o Determine where current Code is obsolete. Define economic patterns and strategies. o Understand the economic trends and define what kind of City we want to become. o City staffing includes one-half FTE for an urban renewal planner and one- half FTE for economic development. .o Develop an economic assessment of existing conditions and opportunities o The Comprehensive Plan sets out a vision for the City - a hierarchy of purposes. o Consider design standards. • Address growth on the western border of the City, which will involve more than the Comprehensive Plan Review (i.e., intergovernmental agreements, policies, Area 63/64). • At this time unincorporated Bull Mountain area is not in the Comprehensive Plan Review. • There was a suggestion to include up to 150`h Street in the Comprehensive Planning Review; however, there was a question as to whether the City would have the authority to include this property. Another suggestion was to keep the area outside the City limits as a separate issue while the City Council works out some of the policy issues. • There was discussion on the original policy for the urban services area noting the changes in the "political landscape." Original policy clearly states that it was anticipated that the City boundaries would extend to the current urban growth boundary. The position on the urban services area needs to be clarified. Discussed protecting the public's interest. • There appears to be no mechanism to bring areas 63 and 64 into the City of Tigard. • Referred to Senate Bill 122 directing cities and counties to address areas within the urban growth boundary to determine how urban services would be provided; who would be the ultimate service provider. • There was a suggestion to do a comprehensive survey to tie together some of the other smaller surveys. • There was discussion about the continued improvement of the City's committee system. It was suggested that sign up sheets provide a space so people can indicate if they would be interested in serving on a board or committee (develop a resource file). COUNCIL MINUTES -JANUARY 6, 2006 page 2 • Utilize the library to get messages out. • Promote the City's web page. • Communication is two-way; suggested focus be on those who want to be part of the communication process. Another comment was the desire to hear from the "average" person as well as activists. • Involve the Citizens for Community Involvement and the Neighborhood groups. • Past surveys included: Library services; Citizens Academy program. • Make public notices for land use more visible; include a telephone number so more information could be obtained if desired. • Progress in communication has included the 5`h Tuesday meetings and the use of the City's website. • Suggested that a recognition event be planned for the Neighborhood program. • Discussed CPO's and the request to the County to restructure this program. • Discussed City's relationship with schools, with the comment made that the mission of the City is not. education. Continue to work on two-way communication and cooperate with the schools where the two jurisdictions' missions overlap. Meeting recessed at 2:09 p.m. Meeting reconvened at 2:29 p.m. • Reviewed the Transportation Growth Management Grant process. • On March 4 there is a CPO 4B and 4K symposium on 99W. There was a request for the City of Tigard to attend. More information is needed. • A request was made for a Police report on activity on Bull Mountain. • Add the Greenburg Road and Hall Boulevard intersection projects to the 99W goal. • Reference made to performance audits for major expenditure programs - setting the budget and "sticking to it." • Discussion on how capital projects are carried forward from one fiscal year to the next when projects have not been completed. Suggestion that draft Capital Improvement Program identify projects not completed, but funded. • Discussed how the City invests money as required by law. • Discussed contingency funding for projects. Generally, the City sets aside 10-20 percent as contingency for projects. • Discussed long-term financial picture. Budget is always balanced; however, a number of desired programs and projects cannot be done. • Metro dollars might be available for park/greenway purchases. The Parks and Recreation Advisory Board is evaluating opportunities and options for park/greenway purchases. • Additional discussion on urban services area and whether the City might want to consider that the boundaries of the City of Tigard are set; however, the other viewpoint includes concerns by those who do not wasn't to see further use of City services by people who have not paid for them. There was a suggestion that the cities of Washington County come together on this issue and present a united message to the County. • City Council members agreed that the City map showing only the City boundaries (not the urban growth boundary) be used as the City of Tigard map. COUNCIL MINUTES -JANUARY 6, 2006 page 3 • The County adopted the City of Tigard Development Code, in a public process, when the City and County entered the urban services agreements. Briefly discussed the requirements for forming a new City. Feasibility study is being conducted for formation of a new City on Bull Mountain. Council meeting recessed at 3:30 p.m. Council meeting reconvened at 4:04 p.m. • Council members reviewed and selected a final logo design as presented by Consultant Glen Marcusen. • Official city font selected: Garamond • Following tag line can be used with logo: "A Place to Call Home." ADJOURNMENT: 4:47 p.m. Catherine Batley, City Recorder Attest: Mayor, ity of Tigard Date: 02 / L~ (p is\xdm\c thy\ccm\2005\050524.doc COUNCIL MINUTES -JANUARY 6, 2006 page 4 Agenda Item No. . For Agenda of -:Z Tigard City Council Meeting Minutes Date: January 10, 2006 Time: 6:34 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff -Agenda Item Discussion & Comments Action Items follow u Study Session Administrative • City Council reviewed a draft of the 2006 City Staff to prepare a final draft Items Council goals. Wording changes were suggested. and submit goals for City Council approval on January 24, 2006. Mayor Dirksen presented the draft goals to the public during the business meeting. • City Council reviewed a proposal for City of Mayor Dirksen presented Tigard logo new logo design to the public during the business meeting. • City Council finalized travel plans for Congress of Cities Conference - March 11-16 • The March 14, 2006, City Council meeting has been canceled. City Council will be attending the Staff to send out the notice Congress of Cities Conference on that date. canceling the March 14, 2006 Staff asked if the City Council would like to City Council meeting. consider adding business items to the March 21 workshop meeting; City Council members agreed to keep this meeting as a workshop unless there is a need to consider business items. COUNCIL MINUTES -JANUARY 10, 2006 page 1 Agenda Item Discussion & Comments Action Items follow u • City Manager Prosser reported on the status of the Court of Appeals Case: John Frewing v. City of Tigard and Windwood Construction. The Court of Appeals upheld the Land Use Board of Appeals decision. Study Session recessed: 7 p.m. Business 1.1 Mayor Dirksen called the City Council and the Meeting Local Contract Review Board to Order at 7:35 p.m. 1.2 Council Present: Mayor Dirksen, Councilors Harding, Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. Citizen • Tigard High School Student Envoy Krista Foltz Communication presented a report to the City Council on Tigard High School Activities. A copy of her report is on file in the City Recorder's office. • John Frewing, 7110 SW Lola Lane, Tigard, Motion by Councilor Oregon 97223 requested that City Council call up Harding, seconded by the Hearings Officer decision for the Refuge at Councilor Woodruff, to set Fanno Creek. Mr. Frewing submitted this matter for a hearing on documentation outlining his concerns with regard January 24, directing staff to to the proposed condominium development. provide notice to all Mr. Frewing was asking for the Council call up as participants in the he noted the appeal fee was more than what he proceeding and anyone else could pay. The documents referred to above are entitled to notice under the on file in the City Recorder's office. zoning code and also directing the staff to contact After City Council discussion and upon advice of the railroad to determine if City Attorney Ramis, the following motion was the railroad has any position made and adopted: on the scope and applicability of the easement; COUNCIL MINUTES -JANUARY 10, 2006 page 2 Agenda Item Discussion & Comments Action Items follow u directing the City Attorney's office to do the same. January 24, 2006, is the time for anyone to comment on the findings from the railroad and the City Attorney's office; also at this time, allowing to people to advocate as to whether or not the Council should even hear this matter. The proceeding will be confined to this narrow issue. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes • Leonard Logan signed in to speak but declined to testify- • Sue Bielke, 11755 SW 114''', Tigard, OR 97223, also testified about the proposed Refuge at Fanno Creek condominium project She distributed copies of photographs showing water levels on the subject property. She supported Mr. Frewing's request for a City Council call up of this item and also said the appeal fees were too high and requested the City Council consider reducing the fees for filing an appeal. Ms. Bielke said she did not think the decision was adequate and noted her concerns with flooding. She said she does not believe the proposed development meets the Code and that it should be processed as a Planned Development The subject site is in the Washington Square Regional Plan area. COUNCIL MINUTES -JANUARY 10, 2006 page 3 Agenda Item Discussion & Comments Action Items follow u 3. Consent 3.1 Approve Council Minutes for December 13, Motion by Councilor Agenda 2005 Sherwood, seconded by 3.2 Receive and File: Councilor Woodruff,' to a. Council Calendar approve the Consent b. Tentative Agenda Agenda. 3.3 Approve Budget Amendment #7 to the FY 2005-06 Budget to Increase Appropriations in The motion was approved the Mayor and Council Budget for Funding of by a unanimous vote of Tigard's Contribution to the League of Oregon Council present. Cities for Telecommunication Litigation Expenses - Resolution No. 06-01 Mayor Dirksen Yes Councilor Harding Yes RESOLUTION 06-01 - A RESOLUTION Councilor Sherwood Yes APPROVING BUDGET AMENDMENT #7 Councilor Wilson Yes TO THE FY 2005-06 BUDGET TO Councilor Woodruff Yes INCREASE APPROPRIATIONS IN THE MAYOR AND COUNCIL BUDGET FOR FUNDING OF TIGARD'S CONTRIBUTION TO THE LEAGUE OF OREGON CITIES FOR TELECOMMUNICATION LITIGATION EXPENSES 3.4 Initiate Vacation Proceedings for Several Small Pieces of Public Right-of-Way Along 68 h.. Parkway and 69`s Avenue North of Dartmouth Street; Public Right-of-Way Vacation (VAC2005- 00004 and VAC2005-00005) - Resolution No. 06-02 RESOLUTION NO. 06-01 - A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING REGARDING THE VACATION OF FIVE (5) SMALL PORTIONS OF PUBLIC RIGHT OF WAY TOTALING 3,392 SQUARE FEET ALONG 68"' PAFKWAY AND 69TH AVENUE WHICH ADJOIN TAX LOTS 1S136DD- 03001, 1S136DD-06100, 1S136DD-6300, 1S136DD-06600, AND 1S136DD-06700. THESE PARCELS ARE OWNED BY THE PETITIONERS AND ARE LEGALLY AND GRAPHICALLY DESCRIBED WITHIN EXHIBITS "A-1, B-1/A-2, B-2/A-3, B-3/A-4, B-4/A-5,B-5." COUNCIL MINUTES -JANUARY 10, 2006 page 4 Agenda Item Discussion & Comments Action Items follow u 3.5 Local Contract Review Board a. Adopt Revisions to the City of Tigard's Public Contracting Rules as Required by New State Laws - LCRB Resolution No. 06-01 LOCAL CONTRACT REVIEW BOARD RESOLUTION NO.06-01- A RESOLUTION ADOPTING REVISIONS TO THE CITY'S PUBLIC CONTRACTING RULES AS REQUIRED BY NEW STATE LAWS 4. State of the Mayor Dirksen presented the State of the City City Address address. An outline of the address is attached (Exhibit A). 5. Introduce Mayor Dirksen presented the new City of Tigard New City Logo logo design. New logo Old logo V CITY OF TIGARD OREGON The Mayor and Council commented on the new design, which was professionally designed to update the previous logo of 25 years. The City Council members expressed their thoughts on the new logo's imagery representing what makes Tigard special including the quality and professionalism Tigard citizens expect. The design includes trees, Fanno creek/pathway and homes showing a transition from residential to more urban areas of the City. City Council also wanted to show that with the urbanized transition, there is an appreciation for nature. The new logo will be incorporated over time into items such as City signs, business cards and vehicles. COUNCIL MINUTES -JANUARY 10, 2006 page 5 Agenda Item Discussion & Comments Action Items follow u Consultant Glen Marcusen thanked the City Council for their participation in developing the new design. Mayor Dirksen advised that the "tag line," A Place to Call Home will also be used in conjunction with the new to o. 6. Update - 4`h City Manager Prosser reviewed the 4`h Quarter 2005 Quarter 2005 Goal Update. A copy of the status report of the City Goals 2005 City Council goals is on file in the City Recorder's office. 7. Introduce Mayor Dirksen introduced the 2006 City Council City Council will consider 2006 City goals. A copy of the list of goals is attached (Exhibit formal adoption of the City Council Goals B). Council goals on January 24, 2006. 8. Adjournment: 9:14 p.m. Motion by Councilor Woodruff, seconded by Councilor Sherwood, to adjourn the meeting. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Harding Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Catherine Wheatley, City Recor Attest: el Mayor, (ity of Tigard Date: i:%adm%cMhy\=n\20061060110.doc COUNCIL MINUTES -JANUARY 10, 2006 page 6 Exhibit A - Page 1 Attachment to January 10, 2006, City Council Meeting Minutes 2006 State of the City Address Outline Presented by: Mayor Craig Dirksen INTRODUCTION 2005 was a good year - a year of beginnings. The City Council established the following City Council goals for 2005: • Revitalize Downtown • Improve 99W • Address Growth • Budget focus was on $20 million of Capital Improvements 2005 ACCOMPLISHMENTS • Completed the Downtown Plan, which gave us a road map to move forward The citizen involvement plan received the Good Governance Award from the League of Oregon Cities • 1" year of Street Maintenance Plan (over $800,000 in fees paid for 14,577 feet of new streets) • 1" full year of new library operation set new records • Opened talks with ODOT on 99W and received a study grant • Rebuilt McDonald Street/99W intersection; received funding for a revised Hall Street/99W intersection and began studying options to improve Greenburg Road intersection. • Mayor's Forum with Metro in response to Tigard and other cities expressing concern about growth issues. • Began Heritage Tree Program • Provided $2 million to purchase new park land • Began administering Healthy Streams program with Metro • Held first annual Family Week Celebration 2006 PLANS • Implement City Branding with new logo, identity, park and entrance signage • Revise Comprehensive Plan by end of year • Downtown Urban Renewal District • Long Range Water Plan - four viable choices • Begin Downtown Projects Burnham Street improvements Commuter rail station Streetscape design Zoning overlays Architectural design guidelines COUNCIL MINUTES -JANUARY 10, 2006 page 7 Exhibit A - Page 2 Attachment to January 10, 2006, City Council Meeting Minutes • Purchase public space • Begin 99W Study and intersection improvements FUTURE CHALLENGES • General Fund Stabilization Citizen Task Force Study and Recommendations - February • Changes in Development Code to address infill and downtown development • Continued Urban Grown Boundary planning dialog with Metro and County • County Public Safety Levy • Right-of-way management and maintenance We have many things to do and the Council and I are looking forward to an exciting year of challenge and accomplishment. COUNCIL MINUTES -JANUARY 10, 2006 page 8 Exhibit B Attachment to January 10, 2006, City Council Meeting Minutes Tigard City Council Goals - 2006 Continuation of 2005 Tigard City Council Goals / Revise City of Tigard Comprehensive Plan Complete draft by year end / Implement Downtown Plan Implement catalyst projects including: o Improvements to Burnham Street o Identify and purchase land for a Downtown public gathering place Work to assure passage of the Urban Renewal Plan Ballot measure Identify and make changes to the Tigard Development Code needed to implement the Downtown Plan (e.g., zoning overlays, design standards) / Improve 99W Corridor Complete Transportation Growth Management (TGM) Corridor Study Continue Greenburg Road intersection project Continue Hall Boulevard intersection project Other Important Goals for 2006 / Improve Communication and Relationship with Citizens Implement the new neighborhood program throughout the City Conduct a city-wide scientific survey/report card on City services Connect Council with students in schools Consider Opportunities for Major Greenspaces Purchases Purchase first-refusal options Explore School District property exchange ► Clarify City's Position on the Provision of Urban Services to Unincorporated Areas and in the Best the Interests of the Citizens of Tigard / Secure Long-Range Water Source(s) / Stabilize Financial Picture Review Financial Strategy Task Force recommendations Take appropriate action to control costs COUNCIL MINUTES -JANUARY 10, 2006 page 9 5th Tuesday notes by Stacie Yost/Tom Woodruff 1/31/06 @ Tigard Water Building: Start: 7:00 PM End: 9:00 PM Agenda Item No. 3 • - . Council Meeting of P Council Present: Mayor Dirksen; Councilors Woodruff, Wilson, Harding Sign-in sheet: Name Address Topic Kevin Saier 13911 SW Hillshire Dr. Bldg Code hole - Unlimited height restrictions Mark Bay 13899 SW Hillshire Dr. Same as above Charles Schneider 11195 SW Tigard St. Building - Streets John Frewing 7110 SW Lola Ln. Sidewalks Lisa Hamilton Treick 13565 SW Beef Bend Rd. Gretchen Buehner 13249 SW 136th Place Pamela Miller 13914 SW Hillshire Dr. Height Restrictions Shelly Dahl 13835 SW Hrllshire Dr. Height Restrictions Tigard City Council 5th Tuesday Agenda: o Building Code Height Restrictions o Building & Streets o Sidewalks o Notification of A in development plans Height Restrictions - Code: Can permits be rescinded if code was misinterpreted (by Qty)? ,Health & Safety concerns of tall towers? 'Nuisance Code allow for exception to permit/code? Building & Streets: 'Light at Main & Tigard Street - investigate possibilities. 'Parks & Recreation feedback in Cityscape. -7 UN& "b c V Sidewalks: 'Include Sidewalks in Street Maintenance Fee? Review minutes to see when issue (fee) was to be revisited/ reviewed. Notification of A in development plans 'Disconnect between Neighborhood Meeting & what actually gets developed approved by City). 'Beef Bend & approximately 147th - 150th trees cleared before approval of plan? 'Feedback from staff re: issue requested by Mayor - trees cleared before approval of plan. 'What is purpose of Neighborhood Meeting? Input or info? 'Requests for neighborhood meeting minutes were not answered. Who is responsible for these minutes? ''Guidelines of development application process need review? 'Codes/Ordinances & (lot size) Citizen Communication Qwulor Woaies nneff: Kevin Sayers: 6 others Hillshire area - Building code problems with tower - no height restrictions on towers. City Council Fifth Tuesday 1/31/06 Page 1 Action: Review Code, Review this permit. josh Snyder - Streets Tigard/Main Street Intersection Burnham Street Development off North Dakota - narrow streets Need more involvement with Park Board. John Fre wing - Sidewalks Review citizen's comet to review sidewalks Now is the time move ahead and increase sidewalks. Lisa Use franchise fees where they are collected. Create task force to improve right of way on Durham Rd. Development plans changed without notification to affected neighborhoods Beef Bend & 150th - all trees cut down - was it legal? We need a better way to notify neighbors if there are material changes from the meeting to submitted plan. Prepared by e Bengtson Executive Asst. to the City Manager 2/1/06 City Council Fifth Tuesday 1/31/06 Page 2 January 31, 2006 PRESENTED BY/ON BEHALF OF: Jeff and Shelly Dahl SW Hillshire Dr Mark and Audrey Bay 13899 SW Hillshire Dr 503-524-3357 John and Paula Janac 13903 SW Hillshire Dr --~-Kevin and Patricia Saier 13911 SW Hillshire Dr 503-590-1745 Pardis and Tony Mahrassa 13944 SW Hillshire Dr 503-590-7822 Mike and Stephanie Phillips SW Hillshire Dr Barry and Inger Jannsen 13928 SW Hillshire Dr 503-524-0530 Dean and Joyce Aueson 13922 SW High Tor Dr 503-597-3530 Jeff and Pam Miller 13914 SW Hillshire Dr 503-590-9109 John S Martin 14105 SW High Tor Dr 503-590-7089 Don and Joanie Vaughn 14160 SW 1415` Ave Steve Tuttle 14205 SW 1415` Ave 503-590-3719 PROBLEM STATEMENT: There is a hole in the Tigard Municipal Building Code (Title 18) which enables any residential homeowner in Tigard to construct a tower or antenna structure of unlimited height. REQUESTED ACTION: Amend Title 18 to reinstate height limits and setback requirements on antenna and tower structures (attached or detached) built on residential land in Tigard. DETAILS: Although it is clear that Title 18 of the Tigard Municipal Building Code tries to preclude the construction of unsightly, oversized, or inappropriate structures in residential areas, a specific hole in the code allows for any residential homeowner in Tigard to construct an "attached" tower or antenna of any height. MUNICIPAL CODE: Section 18.510.050 of the building code specifies Development Standards for residential zones. Table 18.510.2 specifies that the Maximum Height requirements for R-1 through R-7 residential zones range from 30 to 35 ft. Section 18.510.060 of the building code specifies that "an accessory structure may not exceed 15 feet in height." Section 18.730.020.A removes all maximum height requirements from Title 18. It states, "Projections such as chimneys, spires, domes, elevator shaft housings, towers excluding TV dish receivers, aerials, flag poles, and other similar objects not used for human occupancy, are not subject to the building height limitations of this title." Although Section 18.730.020 removes all height requirements, there are still setback requirements built into the city code. Section 18.510.060 states that "All freestanding and detached towers, antennas, wind-generating devices, and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. To get around the setback requirements, residents need only "attach" a free standing tower to the side of the house. This attachment to the house need not be structural and frequently serves no other purpose then to enable the resident to get around the setback requirements. Once attached, the tower is then exempt from all height limits and setback requirements and may be built to unlimited height. Example radio tower at 14155 SW High Tor Dr: recently placed on residential lot and towering over the High Tor and Hillshire neighborhoods. From the South =r f adjacent nei hborhood From the North -From the West ;s Y~. 1 t ~ y f~ k REQUESTED ACTION: Amend Title 18 to restore height limits and setback requirements on antenna and tower structures (attached or detached) built on residential land in Tigard. Ways this could be accomplished could include: • remove Section 18.730.020 which enables residents to build structures of unlimited height on their residential land. • amend Section 18.510.060 to remove the words "freestanding and detached". AGENDA ITEM # 3. 3 !t. FOR AGENDA OF February 14, 2006 CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD (LCRB) AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approve the Purchase of a Loader Backho from The Halton Com an PREPARED BY: Rob Block DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board approve the purchase of a replacement loader/backhoe from The Halton Company utilizing the State of Oregon contract? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board approve the purchase of a loader/backhoe from The Halton Company utilizing the State of Oregon contract. INFORMATION SUMMARY This purchase represents a scheduled replacement of the city's 1993 436B CAT loader/backhoe, as identified in the FY 05/06 budget. The loader/backhoe is an essential vehicle in the city's fleet and will be used on a daily basis. The loader/backhoe will be equipped with the necessary accessories to allow other divisions use of the machine. The existing 1993 CAT loader/backhoe will be refurbished and transferred to the streets division where it will replace their 1987 loader/backhoe, which will then be sold as surplus. The city is eligible to purchase from the State of Oregon contract, thus saving the city the cost and time of preparing a solicitation for a new loader/backhoe. OTHER ALTERNATIVES CONSIDERED The LCRB could decide not to approve the purchase of the loader/backhoe. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT None. ATTACHMENT LIST None. FISCAL NOTES The cost of the new loader/backhoe is $94,162. The FY 05/06 budget includes $120,000 for this purchase. AGENDA ITEM # FOR AGENDA OF February 14, 2006 CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD (LCRB) AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award a Construction Contract for the Information Technology Building (Niche) Electrical Upgrade and Emergency Generator Power Supply PREPARED BY: Rob Murchison, P.E. DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD The LCRB is being asked to review and approve the construction contract for the electrical upgrade and emergency generator power supply in the City's information technology building, known as the "Niche." STAFF RECOMMENDATION Staff recommends awarding the contract to the lowest responsive bidder, Frahler Electric. INFORMATION SUMMARY D The location of this proposed project is 8720 SW Burnham Street. The Niche is currently occupied by the Information Technology (IT) Department and is in need of an electrical supply upgrade. The building houses the City of Tigard's main computer server, which is the backbone of the city's computing infrastructure. It serves all city departments. With recent updates and additional software required by the departments, the computing capacity of the existing server has become limited. In addition, a previous inspection of the building demonstrated that a new generator should be installed to provide adequate backup power in the event the city power grid goes down. The City of Tigard's Public Works Department retained R & W Engineering to study and provide drawings and electrical specifications to adequately address the existing server capacity and backup generator supply. This study, and subsequent design, recommended the current 110 volt supply be upgraded to 220 volt and that a new generator be installed. With the design completed, staff issued an invitation to bid. A mandatory pre-bid walkthrough of the facility was held on January 24, 2006. At that time, contractors were allowed to review plans and specifications, examine the facility, ask questions, and request clarification from the engineer and city staff. Eight contractors attended the meeting with five contractors submitting bids. After evaluating all five bids, city staff deemed one bid as unresponsive because it did not include all the necessary documentation. The following remaining four bids met all requirements: Firm Bid NAES - Power Maint. Resources $84,855.00 3D Electrical Services $74,100.00 Christenson Electric $81,885.50 Frahler Electric $71,353.00 The lowest responsive bid for this project was $71,353 from Frahler Electric. With the approval of the LCRB on February 14, 2006, construction could begin within two weeks. OTHER ALTERNATIVES CONSIDERED The LCRB could decide not to award the contract, although this would have a negative impact on city-wide computer service. COUNCIL. GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT N/A ATTACHMENT LIST None. FISCAL NOTES The lowest responsive bid was $71,353 from Frahler Electric. The FY 05/06 budget includes $76,000 for this project. AGENDA ITEM # 3, FOR AGENDA OF February 14, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Approving Budget Amendment #9 to the FY 2005-06 Budget to Increase Appropriations in the Traffic Impact Fee Fund for Funding of Walnut Street Right-of-Way Acquisition and the Street Maintenance Fee Fund for Funding of Additional Costs Related to the Pavement Major Maintenance Program. PREPARED BY: Michelle Wareing DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City Council approve Budget Amendment # 9 to increase appropriations in the Traffic Impact Fee Fund for funding of right-of-way acquisition along Walnut Street and in the Street Maintenance Fee Fund for funding of additional costs in the Pavement Major Maintenance Program (PMMP)? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment # 9. INFORMATION SUMMARY The FY 05-06 Budget includes $635,000 in the Street Maintenance Fee Fund for the Pavement Major Maintenance Program (PMMP). Due to increases in asphaltic concrete materials and extension of the Greenburg Road overlay, staff has requested an additional $80,500 for this program. This will be funded by a contingency transfer in the Street Maintenance Fee Fund. The FY 05-06 Budget does not include any appropriations for acquisition of right-of-way along Walnut Street. Thirty-three of the thirty-five desired parcels were acquired in FY 04-05. The two remaining property owners were resistant to selling their portion of the property that was desired by the City for right-of-way. The two property owners are now willing to sell the necessary land. The cost of the acquisition is estimated to be $50,000. This will be funded by a contingency transfer in the Traffic Impact Fee Fund. OTHER ALTERNATIVES CONSIDERED Do not approve Budget Amendment # 9 COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Tigard Beyond Tomorrow, Transportation and Traffic, Improve Traffic Safety #1, Strategy #2- "Encourage through- traffic on major collectors and arterials." ATTACHMENT LIST Resolution including Attachment A FISCAL NOTES The Resolution will transfer $50,000 from the Traffic Impact Fee Fund contingency to the Traffic Impact Fee Capital Improvement Project budget and transfer $80,500 from the Street Maintenance Fee Fund contingency to the Pavement Major Maintenance Program (PMMP) Capital Improvement budget. AGENDA ITEM # FOR AGENDA OF February 14, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Intergovernmental Agreement IGA) with Washington County for use of MSTIP3 Bike and Pedestrian Program Funds on the Washington Square Regional Center Greenbelt Trail Project cqc - PREPARED BY: A.P. Duenas h~~`~" DEPT HEAD OK 0100 CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council approve the attached IGA (Intergovernmental Agreement) with Washington County for use of $250,671 in County MSTIP3 Bike/Ped funds on the Washington Square Regional Center Greenbelt Trail Project? STAFF RECOMMENDATION Staff recommends that Council approve, by motion, the attached IGA authorizing use of MSTIP3 Bike/Ped funds on the Washington Square Regional Center Greenbelt Trail Project. INFORMATION SUMMARY City Council approved Resolution No. 05-45 authorizing use of $250,671 in County MSTIP 3 (Major Streets Transportation Improvement Program) Bike and Pedestrian Program funds for the Washington Square Regional Center Greenbelt Trail Project. This amount represents Tigard's allocation of the $2.5 million Bike/Ped funds approved by the voters as part of MSTIP 3. This IGA between the County and the City authorizes the use of these funds for the trail project and sets out the obligations for both the County and the City. The IGA also requires County Board of Commissioners approval and is scheduled for County Board consideration at the February 21, 2006 meeting of the Board. The Washington Square Regional Center Greenbelt Trail is part of the off-street system identified in the Washington Square Regional Center Plan. The Greenbelt Trail project includes design of the off-street trail from Hall Boulevard west across Highway 217 to connect to the Fanno Creek trail on the west side of the highway. The project is divided into two phases for right-of-way acquisition and construction. The attached vicinity map shows the entire trail alignment and identifies the two phases of the project. Phase 1 is the segment from Hall Boulevard to Highway 217. Phase 2 is the extension of the trail across Highway 217 to connect to the Fanno Creek Trail near Greenburg Road west of the highway. The scope of the trail project is for design of the entire alignment between Hall Boulevard and the Fanno Creek Trail, followed by right-of-way acquisition and construction of the segment (Phase 1) east of Highway 217 between Hall Boulevard and the highway. Because of project costs associated with crossing of Highway 217 and continuing with the trail segment west of the highway, Phase 2 of the overall trail project will be addressed at some point in the future. The MSTIP 3 funding was originally directed towards the Tualatin River Pedestrian Bridge project and the Washington Square Greenbelt Trail project was originally approved for Federal CMAQ (Congestion Mitigation-Air Quality) funding. Because of the need for a pre-design phase on the Greenbelt Trail project, substitution of funds between the two projects was agreed upon among Metro, Washington County and the City. The use of the local MSTIP 3 funds would allow more flexibility in the design and right-of-way acquisition leading to construction of the project. The substitution was approved by the Washington County Coordinating Committee at its meeting on June 6, 2005. Council approval via Resolution No. 05-45 was the final step required by Metro to make the substitution. Metro has already transferred the Federal funding to the pedestrian bridge project. The MSTIP 3 Bike/Ped funds are now committed to the Greenbelt Trail project. The budget amendment for the Pedestrian Bridge scheduled for Council consideration at this same meeting includes the transferred Federal CMAQ funds ($224,928), the local match for that amount also transferred ($25,743), and the additional local funds needed because of the cost increases on the project. The IGA between the County and the City of Tigard authorizes the use of the MSTIP 3 funds for the trail project and will allow the project to begin the pre-design process leading to design and construction of the Phase 1 trail segment. OTHER ALTERNATIVES CONSIDERED The option to leave the Federal funding for the trail project in place and create a pre-design phase to be funded by Federal funds was initially considered before approval for the funding substitutions was obtained. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Both the Tualatin River Pedestrian Bridge Project and the Washington Square Regional Center Project meet the Tigard Beyond Tomorrow goal of Alternative modes of transportation will be available and use shall be maximized, strategy Encourage development of alternate modes. ATTACHMENT LIST 1. Intergovernmental Agreement between Washington County and the City for use of MSTIP 3 funds for the Greenbelt Trail project. 2. Vicinity Map showing the trail alignment and the two project phases. 3. Resolution No. 05-45 FISCAL NOTES The Washington Square Regional Center Greenbelt Trail project is funded as follows: MSTIP 3 Bike/Ped funds: $250,671 Local Funding through Parks SDC: $18,419 Metro MTIP Funding - Federal CMAQ funds: $160,950 Total Project Estimated Cost: $430,020 The Tualatin River Pedestrian Bridge Project received an equivalent amount of funding ($250,671) consisting of $224,928 in Federal CMAQ funds and $25,743 in local City funding (Parks SDC) as the matching funds. The budget amendment for the pedestrian bridge project includes the $224,928, the $25,743 in local City funding, and additional Parks SDC needed to meet the City's share of the current project estimate. i1eng1guslcouncil agenda summadesl2-1408 iga between washington county and the city for use of mstip 3 tike-ped funds.doc MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM INTERGOVERNMENTAL AGREEMENT BETWEEN WASHINGTON COUNTY AND THE CITY OF TIGARD FOR THE WASHINGTON SQUARE REGIONAL CENTER GREENBELT TRAIL PROJECT THIS AGREEMENT is entered into between Washington County, a political subdivision of the State of Oregon, acting by and through its elected officials, hereinafter referred to as "County", and the City of Tigard, a municipal corporation, acting by and through its City Council, hereinafter referred to as "City". RECITALS 1. On May 16, 1995, County voters approved a Major Streets Transportation Improvement Program - Six Year Serial Levy for Roads (MSTIP 3), including a Bike and Pedestrian Program from which the City is eligible to receive funds; and 2. The City has a project to construct a bicycle and pedestrian trail in the Washington Square Regional Center in Tigard, said improvements hereinafter called the "project", as described in the project prospectus (attached as Exhibit "A"); and 3. The estimated cost of the project is $430,020 proposed to be paid by $160,950 from the Federal CMAQ program, $18,419 from CITY local funds and $250,671 in MSTIP3 Bike and Pedestrian program funds; and 4. ORS 190.010 authorizes agencies to enter into intergovernmental agreements for the performance of any or all activities and functions that a party to the agreement has the authority to perform. NOW, THEREFORE, the parties hereto agree as follows: 1. COUNTY OBLIGATIONS 1.1 The County hereby designates the Capital Project Management Division (CPM) Manager, Department of Land Use and Transportation, or designee, as the County's representative to be responsible for coordination of the project with the City. 1.2 Upon receipt of a City invoice, the County shall reimburse the City up to $250,671 from the MSTIP 3 Bike and Pedestrian program fund for project expenses. Reimbursement shall be for eligible costs directly related to the project, including project design, right-of-way acquisition, permitting, construction, construction management and administration costs, and shall include such work performed prior to the date of this agreement. City administrative costs shall be reimbursed in accordance with the City's adopted cost allocation plan. 1.3 The County shall make payment to the City within 30 days of receipt of an invoice. Billings received from the City must be approved by the CPM Manager, or designee, prior to presentation to the County Finance Division for payment. 1.4 The County's obligations shall not be a general obligation of the County, but shall be payable solely from available funds allocated to the MSTIP program. 2. CITY OBLIGATIONS 2.1 The City shall submit an invoice or invoices to the County for reimbursement of project costs in a form mutually agreed to by the City and County. 2.2 The City shall, upon execution of this agreement, assign a liaison person to be responsible for coordination of the project with the County. 2.3 The City shall perform all tasks needed to implement the project, including but not limited to project design, right-of-way acquisition, permitting, construction, construction management and administration, and payment of project costs. 2.4 All work and records of work shall be in conformance with applicable State and local statutes and regulations. The work and records shall not conflict with any applicable ordinances or regulations. 3. GENERAL PROVISIONS 3.1 LAWS OF OREGON The parties agree to abide by all applicable laws and regulations regarding the handling and expenditure of public funds. This agreement shall be construed and enforced in accordance with the laws of the State of Oregon. All relevant provisions required by ORS Chapters 279A-C to be included in public contracts are hereby incorporated and made a part of this agreement as if fully set forth herein. 3.2 DEFAULT Time is of the essence in the performance of this agreement. Either party shall be deemed to be in default if it fails to comply with any provision of this agreement. The complaining party shall provide the other party with written notice of default and allow thirty (30) days within which to cure the defect. The County shall pay the City for costs incurred for satisfactorily completed and authorized work up to the time of default, if any. 3.3 INDEMNIFICATION This agreement is for the benefit of the parties only. Each party agrees to indemnify and hold harmless the other party and its officers, employees, and agents, from and against all claims, demands and causes of actions and suits of any kind or nature for personal injury, death or damage to property on account of or arising out of services performed, the omission of services or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying party and its officers, employees, and agents. To the extent applicable, the above indemnification is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300). In addition, each party shall be solely responsible for any contract claims, delay damages or similar items arising from or caused by the action or inaction of the party under this agreement. 3.4. MODIFICATION OF AGREEMENT No waiver, consent, modification or change of terms of this agreement shall be binding unless in writing and signed by both parties. 3.5 DISPUTE RESOLUTION The parties shall attempt to informally resolve any dispute concerning any party's performance or decisions under this agreement, or regarding the terms, conditions or meaning of this agreement. A neutral third party may be used if the parties agree to facilitate these negotiations. In the event of an impasse in the resolution of any dispute, the issue shall be submitted to the governing bodies of both parties for a recommendation or resolution. 3.6 SEVERABILITY If any one or more of the provisions contained in this agreement is invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the agreement will not be affected or impaired in any way. 3.7 INTEGRATION This agreement is the entire agreement of the parities on its subject and supersedes any prior discussions or agreements regarding the same subject. 4. TERM OF AGREEMENT 4.1 The term of this agreement shall be from the date of execution until the completion of the project, but not to exceed four years. 4.2 This agreement may be amended or extended for periods of up to one year by consent of the parties. It may be canceled or terminated for any reason by either party. Termination or cancellation shall be effective 30 days after written notice to the other party, or at such time as the parties may otherwise agree. The parties shall, in good faith, agree to such reasonable provisions for winding up the project and paying for costs as are necessary. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter written. WASHINGTON COUNTY, OREGON CITY OF TIGARD, OREGON e, 'e I - - CHAIRMAN, BOARD OF COUNTY MAY COMMISSIONERS Date: Date: RECORDING SECRETARY CITY RECORDER Approved as to Form: Loretta Skurdahl Sr. Assistant County Counsel Date: ~I - f2b1 T Oe00 ei r.10 IV rORVAr,IOY cY 4reP VICINITY' MAP WASHINGTON A SQUARE GREENBELT TRAIL u { 5 S wy 21"7 a % ~ o~d~ t e Fann z i~ Area of Design, Acquisition rea of Design Onl i' and Construction ~ P9 rEPP . 8 ~ _ ~Ef ECG ESi [r A N ip-Y.. t ~IPU PUCE N V g PS 0 470 800 Feet '1'- 740 feat tf rmrion on mb m.p is bryenenl bpdon on lyind sboub be cedeed •bb 1be.DerebOmere Smites [)Wsion. me 12123 SW wl o1w Tloud,.OR 07222 (302)020"4171 - N1D 9b eo.oi tiyard ores Community Development Plot date: Dec 13, 2002.CamagicWAGIC03.APR CITY OF TIGARD, OREGON RESOLUTION NO. 05- qS- A RESOLUTION AUTHORIZING SUBSTITUTION OF FUNDING FOR THE TUALATIN RIVER PEDESTRIAN BRIDGE AND THE WASHINGTON SQUARE REGIONAL CENTER TRAIL PROJECTS. WHEREAS, City Council by Resolution No. 05-23 approved use of $250,671 MSTIP 3 (Major Streets Transportation Improvement Program) Bike/Ped funds for the Tualatin River Pedestrian/Bike Bridge Project, which will install a pedestrian/bicycle bridge over the Tualatin River; and WHEREAS, the City has obtained $430,020 in federal MT1P (Metropolitan Transportation Improvement Program) fiends for the Washington Square Regional Center Trail Project; and WHEREAS, the Washington Square Trail Project requires a pre-design planning phase, which could be fimded through a redistribution of MTIP funds available to the project; and WHEREAS, to eliminate the need to redistribute the MTIP allocations and to reduce costs by following local contracting procedures, ODOT (Oregon Department of Transportation), Metro and Washington County staff support replacement of MTIP funding on the trail project with the MSTIP funding from the pedestrian bridge project and the application of an equivalent amount of MTIP funding from that trail project to the pedestrian bridge project; and WHEREAS, Washington County's Coordinating Committee has approved the use the City's allocation of the MSTIP 3 Bike/Ped funds for the pedestrian bridge project; and WHEREAS, the County's Coordinating Committee has also approved the proposed substitution of fluids contingent upon City Council approval and subsequent action by both Metro and ODOT to approve and execute the transfers; and WHEREAS, if the transfer of funds does not occur for whatever reason, the status quo would be maintained. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Council authorizes the City of Tigard's allocation of $250,671 in MSTIP 3 Bike/Ped funding approved for the Tualatin River Ped/Bike Bridge Project to be applied to the Washington Square Regional Center Trail Project. SECTION 2: Council further approves the application of an equivalent amount in MTIP funding from the trail project to replace the MSTIP funding on the pedestrian bridge project. SECTION 3: Council authorizes City staff to pursue approval from ODOT and Metro for the substitution of funds. RESOLUTION NO. - 05-4 J4 5 Page 1 SECTION 4: Council authorizes the City Manager to execute any documents necessary in the process. SECTION 5: In the event that the transfer of funds does not occur for whatever reason, the status quo shall be maintained. SECTION 6: This resolution is effective immediately upon passage. PASSED: This o ~S= day of 2005. c Mayor - ity of Tigard ATTEST: at~-PJI..i dt..e City Recorder - City of Tig henGVU*MWutbne&2&W iesolutbnto eW WbW aubSW9W of fimdlZOfor W O bike-W Prqede MBfWb RESOLUTION NO. - 05 - L1,5 Page 2 AGENDA ITEM # FOR AGENDA OF 2/14/06 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolution to Allocate Funds for Commuter Rail Shelter Upgrade PREPARED BY: Phil Nachbar DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council adopt a resolution to allocate funds for FY 06-07 to pay for additional costs associated with selection of the original TriMet Commuter Rail shelter instead of TriMet's revised shelter, plus two additional foundations to allow for a 24 foot future expansion? It is necessary for Council to allocate funds now to insure changes can be incorporated into TriMet's design and construction schedule. STAFF RECOMMENDATION Adopt the above resolution. INFORMATION SUMMARY On January 17, Staff presented options to Council for a different shelter design for Tigard's Commuter Rail station in light of TriMet's decision to revise its shelter design as a cost savings measure. Council evaluated options and chose the shelter which was TriMet's original design, which is more traditional in design, and in accordance with the Downtown Task Force's design recommendations for the Commuter Rail station. The change in cost for the original shelter is approximately $85,000 plus $6,000 for two additional foundations for future expansion of the shelter to an additional 24 feet. There may be a need for additional furnishings. TriMet includes three (3) benches, two (2) light poles, and two (2) waste receptacles. The Commuter Rail Working Group recommended specific features including entry art, an art sculpture, pavement upgrade, upgrading poles for flower baskets, and a community display. None of these items would be included as a part of this resolution. Depending on availability of funds, these items can be installed at a later time. OTHER ALTERNATIVES CONSIDERED None at this time. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Council Goal: Implement Downtown Plan - Implement catalyst projects. Vision Goal: Community Character & Quality of Life, Central Business District - The Downtown will provide a gathering place for the community and honor the sense of a small town/village. Vision Goal: Community Character & Quality of Life, Community Aesthetics - Identify and implement projects and activities that enhance aesthetic qualities valued by those who live and work in Tigard. Vision Goal: Traffic and Transportation - #2, Alternative modes of transportation will be available and use shall be maximized. ATTACHMENT LIST Attachment #1 - Proposed Resolution to Allocate Funds for FY 06-07 for Commuter Rail Shelter Upgrade FISCAL NOTES Estimated costs are $91,000 for the new shelter and additional foundations. Additional furnishings such as benches, windscreens, upgrading poles for flower baskets, or a community display would be in the range of $6,000 to $20,000. L AGENDA ITEM # FOR AGENDA OF 2-22-05 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolution to express appreciation to Providence Health System for a recent donation to the Tigard Police Department D.A.R.E. Summer Camp program PREPARED BY: Jim Wolf DEPT HEAD OK 6/P" CITY MGR OK ISSUE BEFORE THE COUNCIL A resolution by the Tigard City Council expressing gratitude and commending Providence Health System for their community involvement by generously donating $7500 to defray operational costs associated with the Tigard Police D.A.R.E. Summer Camp program. STAFF RECOMMENDATION Staff recommends that the City Council approve the proposed resolution. INFORMATION SUMMARY The Tigard Police Department sponsors annual D.A.R.E. Summer Camp programs. The week-long camps are offered to 4th, 5th and 6th grade students free of charge. The camps offer positive summer activities while reinforcing the importance of staying drug and violence free. The purpose of the camps is to foster self-esteem, cooperation and patience. These concepts are introduced while teaching goal-setting and team-building skills. Escalating operational costs and uncertainty for continued funding create planning challenges. The recent donation by Providence Health System allows the program coordinator to proceed on firmer ground for planning purposes. The donation may permit increasing the current five-week program to expand an additional week to allow more students to participate and benefit from this positive learning experience. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Council Goal: Improve Communication and Relationship with Citizens - Connect with students in schools. Vision Statement:: Public Safety Target Area - Police outreach goal with the planned action to increase gang awareness and prevention programs. ATTACHMENT LIST Proposed resolution. FISCAL NOTES No cost involved iiadmtpackel'06\060214tpmvidence appreciation ais v2.doc AGENDA ITEM No. 5 Date: February 14, 2006 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CITY COUNCIL WILL CONSIDER A RESOLUTION FINALIZING SEWER REIMBURSEMENT DISTRICT NO. 35 - ASH AVENUE Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\GREER\CITY COUNCIUCCSIGNUP\PH TESTIMONY.DOC J AGENDA ITEM No. 5 Date: February 14, 2006 PLEASE PRINT Pro onent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Pe No. Name, Address & Phone No. Name, Address & Phone No. Cr COOL 3S0 9 u)Rs4A+"e- ~B W -3 W 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 # 16 FOR AGENDA OF February 14, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Finalization of Sanitary Sewer Reimbursement District No. 35 (SW Ash Avenue) PREPARED BY: -G Berr vDEPT HEAD OK CldZLA~CITY MGR OK ISSUE BEFORE THE COUNCIL Finalize Sewer Reimbursement District No. 35, established to construct sanitary sewers in SW Ash Avenue, as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approve the proposed resolution finalizing Reimbursement District No. 35 as modified by the Final City Engineer's Report. INFORMATION SUMMARY Council approved the formation of Reimbursement District No. 35 by Resolution No. 05-51 on August 9, 2005 following an informational hearing. One owner offered testimony during the hearing. The owner explained his opposition to the formation of the district and submitted a letter from another owner also in opposition to the district. Since then, construction of the improvements has been completed and final costs have been determined. The City Engineer's Report has been revised accordingly. Through the City's Neighborhood Sewer Extension Program, the City has installed public sewers to each lot within 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, currently $2,635, and are responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. The sewer connections are available should property owners need to connect. Owners will not be required to pay any fee until they connect to the sewer. 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 finalize the Reimbursement District, owners within the district will be notified that the sewer is available for connection. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT None applicable. ATTACHMENT LIST Attachment 1- Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Attachment 2- Resolution No. 05-51 with Exhibits A, B (6 pages) Attachment 3- Vicinity Map Attachment 4- Communication Plan Attachment 5- Notice to Owners Attachment 6- Mailing List Attachment 7- Resolution No. 01-46 Attachment 8- Resolution No. 03-55 FISCAL NOTES The final cost of the project, is $121,985.96, 10.7% higher than the engineer's estimate of $110,215. These amounts include the cost of construction plus an amount for administration and engineering as defined in TMC 13.09.040(1). Bids submitted by the contractors were higher than the estimated cost. However, the bids appeared reasonable and the low bid was awarded. The work was completed at a cost of about $2,500 less than the amount of the contractor's bid. The difference was the result of actual work quantities differing from estimated work quantities. There were no other changes to the contract. The portion of the final cost assigned to each owner is tabulated in Exhibit A of the attached proposed resolution. The cost to each owner under the Incentive Program established by Resolution 01-46 is also shown. Funding is by unrestricted sanitary sewer funds. 1s\eng\2005.20061y dp\ash ave ss district Wfiinalization\2-14-06 reim disc ais6.doc Attachment 2 CITY OF TIGARD, OREGON RESOLUTION NO. 05-51 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 35 (SW ASH AVENUE) 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, the property owners of proposed Sanitary Sewer Reimbursement District No. 35 (SW Ash Street) 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. 35", 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. 35, SW Ash Avenue." 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. SECTION 6 This resolution is effective immediately upon passage. PASSED: This day of - 2005. Mayor - ty of Tigard ATTEST- I I Z 1. City Recorder - City of Tig RESOLUTION NO. 05 - Page 1 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 35 (SW Ash Avenue) 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 the project area. At the time the property owner connects to the sewer, the owner would pay a connection fee, currently $2,635, 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 Serving the nine lots in the following table will require the extension of an existing sewer in SW Ash Avenue 510 feet south and west. Further extension of the line could have also provided service to 13700 SW Ash Street. However, this lot could be directly served by another existing sewer in Ash Street so it is not proposed to be included in the district. City staff has discussed service options with the owner. The proposed project would provide sewer service to a total of nine lots as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the nine lots is $97,106. Engineering and inspection fees amount to $13,109 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $110,215. This is the estimated 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 a connection and inspection fee, currently $2,635, upon connection to the public line. All owners will be responsible for all plumbing costs required for work done on private property. Exhibit A Page 1 of 4 Reimbursement Rate All properties are zoned R-4.5 but vary in lot size from about ten thousand to twenty-seven thousand square feet as can be seen in the following list of lots. Therefore, it is recommended that the total cost of the project be divided among the properties proportional to the square footage of each property. 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 $0.5590 per square foot of 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 No. 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. Upon request, payment of costs that exceed $15,000 may. be deferred until the lot is developed, as provided by Resolution No. 03=55: (attached). Annual Fee Adiustment TMC .1.3.09.115 states that an annual percentage rate shall be applied to eabh. 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 July.26, 2005 Agu ti P. Duenas, P.E. City gineer I:\eng\Breg\relmbumement districts\35 ash av\formation\reim dist 35 report app a.doc Exhibit A Page 2 of 4 ASH AVENUE Reimbursement District No. 35 Estimated Cost to Property Owners July 14, 2005 ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA (S.F.) COST TO PAID BY PAID BY CITY PROPERTY OWNER OWNER ADAMS VERNE E 13565 SW ASH AVE 2S102CDO1400 11699.288 $6,540 $6,000 $540 BOONE JOE 13605 SW ASH AVE 2S102CDO1800 10352.072 $5,787 $5,787 $0 COX FAMILY TRUST 13580 SW ASH AVE 2S102CD02704 26706.496 $14,929 $6,000 $8,929 DIGMAN DONALD C 13600 SW ASH AVE 2S102CD02710 25721.062 $14,378 $6,000 $8,378 OLSON NORRIS A 13660 SW ASH AVE 2S102CDO2713 24475.364 $13,682 $6,000 $7,682 OSTROSKA WILLIAM L 13680 SW ASH AVE 2S102CD02716 25319.664 $14,154 $6,000 $8,154 REDLINGER ELIZABETH 13630 SW ASH AVE 2S102CD02707 25103.723 $14,033 $6,000 $8,033 THOMAS ROY F 13560 SW ASH AVE 2S102CD02708 27180.662 $15,194 $6,194 $9,000 YARGER SEAN & APRIL 13585 SW ASH AVE 2S102CDO1600 20604.994 $11,518 $6,000 $5,518 Totals 197163 $110,215 $53,981 $56,234 (Cost to Owners + Cost to City) $110,215 Page 3 of 4 ASH AVENUE Reimbursement District No. 35 Estimated Cost to Property Owners Summary. July 14, 2005 Estimated Construction Cost $84,440 15% contingency (construction) $12,666 Estimated construction subtotal $97,106 13.5% contingency (Admin & Eng) $13,109 total project costs $110,215 total area to be served (S.F.) 197,163 total cost per S.F. to property owner $0.55900513 The "estimated cost to property owner" column shows the estimated reimbursement fee each owner is required to pay to connect to the sewer. There are no requirements to connect to the sewer or pay any fees until the owner decides to connect to the sewer. The final reimbursement fee will be determined once construction is complete and final costs are determined. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report:.. following construction, in accordance with Resolution 01-46. This amount is shown in the "paid by owner" column. The remaining portion of the reimbursement fee that the owner will not be required to pay during this three year period is shown in the "paid by city" column. Please note that this resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. Under Resolution 03-55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. The owner would also be required to pay a connection fee; $2,635 following June 30, 2005, at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. These costs will be explained during the Neighborhood Meeting and there will be an opportunity to ask questions. Page 4 of 4 ASH AVENUE FY 2005-06 SANITARY-SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT #35 A PORTION OF THE SW 1 /4 OF SECTION 2 T2S R1 W W.M. `~'~O v Qory OQOry ~'T ~QOry Q QOry O~~ h ryv0 Q h~ p Op ~~h~ a = Op co 00 ~ ~ ~ h° ~°ry 000 ^°c~ rho h~°ry Ov 0o h°~, ~~pp° h^°ry VO hh ry O~~o ryh ~ ^`O ry ry p~~`O ASH AVENUE Q QO ~h°ry ryCO° OOOO h.°ry ~h ry ~Q ~h Gi ^h ry ^h ry NOTE: EXHIBIT B All properties in the reimbursement NTS district are zoned R4.5 Revision 1 Attachment 3 ASH AVENUE - FY 2005-06 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT #35 A PORTION OF THE SW 1/4 OF SECTION 2 T2S R1 W W.M. ~ pR ~O OPR~v ~F W J OR y~, ST cr- O'MARA ST U PJ~v OR Q`~. 0 EDGEWOOD ST `c^ P P~ O~ w y/<< VIEW CT Q N Q VICINITY MAP NTS Revision 1 7-2 n. n Attachment 4 Communications Plan SW Ash Street Sanitary Sewer Extension Goal: Construction Sanitary Sewer Extension for Reimbursement District No. 35. Timeline: FY 2005-06 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 6/24/05 Neighborhood Meeting Mail Meeting Notice to property owners Administrative Notice Specialists Meet with property owners to explain Engr. Manager 7/6/05 Neighborhood Meeting procedure and to review estimated costs Project Engr. and construction schedule. 7/26/05 Hearing Notice Mail Notice of formation of Reimbursement Administrative District to Property Owners Specialists 8/9/05 Formation Hearing City Council reviews and forms proposed Project Engr. Sanitary Sewer District 8/10/05 Notice of Decision Mail Notice of Decision to property owners Administrative within District Specialists 8/18/05 Advertisement Submit advertisement for bids to DJC and Administrative TT Specialists Engr. Manager 9/1/05 Bid Opening Opening of Bids at public bid opening. Administrative S ecialist 9/14/05 Award Bid Send Notice of Award and contract Administrative. documents to lowest bidder Specialists 10/3/05 Pre-Construction Meet with contractor to review project Construction Meeting requirements Inspector 10/3/05 Notice to Proceed Authorize contractor to begin work. Administrative Specialists Plan needs to be approved by construction Construction 10/3/05 Traffic Control Plan inspector and project manager Inspector En r. Mana er Throughout Lateral Locations Confirm location of laterals with property Construction construction owners Inspector Throughout Hang Construction Notice on doorknobs of Construction construction Construction Notice property owners impacted by project Inspector Contractor Throughout Inspector is available to receive and Construction construction Construction Inspection respond to complaints Inspector Notice to property Mail hearing notice, resolution, property Project Engr. 10/24/05 owners of final hearing owner cost to each property owner. Administrative Specialists 11/8/05 Final hearing Council approves final costs to owners Project Engr. Notice of sewer Mail approved resolution with final costs to Engr. Manager 11/9/05 availability each property owner Administrative Specialists Prepared by: '9f Approved by: Q L'-~ e i1eng\greg\m1mbumement districts\35 as a formation\3.0&05 reim dist 34 communications plan.doc Attachment 5 January 30, 2006 NOTICE of PUBLIC HEARING Tuesday, February 14, 2006 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on February 14, 2006 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. 35 (SW Ash Avenue). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 35 formed to install sewers in SW Ash Avenue. Each property owner's recommended fair share of the public sewer line is $0.618706 per square foot of the lot served as shown on the enclosed list. 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 No. 01- 46. i:\eng\2005-2006 ry ciplash eve ss district 35Vinalizationl2-14-00 reim dist 35 notice 3.doc Attachment 6 ADAMS VERNE E YARGER SEAN & APRIL 13565 SW ASH 13585 SW ASH AVE TIGARD, OR 97223 TIGARD, OR 97223 BOONE JOE LEE WINIFRED ROBERT THOMAS ROY F 13605 SW ASH AVE 13560 SW ASH TIGARD, OR 97223 TIGARD, OR 97223 COX FAMILY TRUST DIGMAN DONALD C 13580 SW ASH AVE 13600 SW ASH TIGARD, OR 97223 TIGARD, OR 97223 REDLINGER ELIZABETH OLSON NORRIS A 13630 SW ASH AVE 13660 SW ASH AVE TICARD, OR 97223 TIGARD, OR 97223 OSTROSKA WILLIAM L 13500 SW PACIFIC HWY #235 TIGARD, OR 97223 Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO. 01- 4(f 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. 018P 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 funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 PASSED: This d - day of 2001. 11A *1 ayor 4ciof~p ATTEST: ~ 2-A L'I 0 'A ~ Recorder - City of 'hgard 1ACitywide\Res\Reso1ution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO.01-±(.! Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN ST/WYNo.9 4,506 No reimbursement available HILLVIEW ST No.11 8,000 July 11, 2003 106TM & JOHNSON No.12 5,598 No reimbursement available 100TH & INEZ No.13 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'MARA No.17 8,000 July 11,2003 WALNUT & 121"" No.18 - Amount to be reimbursed will be Throo years from service availability ROSE VISTA No.20 determined once final costs are determined. Currently being constructed Attachment 8 CITY OF TIGARD, OREGON RESOLUTION NO. 03- 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 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 Qr,~ 2003. Gity of Tigard Craig E. Dirksen, Council President ATTEST: -10 City Recorder - City of Tigard I1ennmVVelmbm meM OgnctsVwlslons res 01.48 aup 28 03bq 14 03 wunc810.14-03 addWon torn 148 res.00c RESOLUTION NO.03- Page 2 AGENDA ITEM # FOR AGENDA OF 2/14/06 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Affordable Housing Fee Assistance Request PREPARED BY: Duane Roberts DEPT HEAD OK__7C CITY MGR OK CA-7 ISSUE BEFORE THE COUNCIL Should Council award budgeted housing fee assistance funds to an applicant seeking assistance? The applicant is seeking $2,243 in City assistance. STAFF RECOMMENDATION After reviewing the completed application and listening to the presentation, Council should act on the request. Staff has reviewed the application and determined that the request complies with all program guidelines. 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 is a budget set-aside designed to offset 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 05-06 is the fourth year of the fee assistance program. According to program guidelines, applications are accepted twice per year. No applications were received during the first round of the FY 05-06 funding period. One application was received during the second intake period ending in December 05. This one application is a request for $2,243 to offset building permit fees on major repairs to a five-person group home located on Hall Boulevard. The applicant in question is Luke-Dorf, a non-profit community mental health agency located in Tigard since its founding in 1977. Along with outpatient services, Luke-Dorf provides low-income disabled clients with safe and affordable housing. The agency's fee assistance request relates to the renovation and expansion of a five-bedroom house that currently is used as a residence for clients who are participating in a "'Dual Diagnosis" program and require drug free housing as part of their individual treatment program. The project meets City quidelines with respect to eligible activities, zoning, tenant income, and time limits. All residents will have incomes below 50% of median income and will be charged rents based on a sliding scale established by the State. With regard to guideline #7, the agency recently has applied for enrollment in the City Enhanced Safety Program, and the Executive Director verbally has agreed to maintain long-term certification. Guideline #11 states that the maximum amount of program dollars available is $500 per unit. The term unit is undefined. Although the structure under discussion is a single family five-bedroom house, it will function as a group living facility for unrelated individuals. This would make the Luke-Dorf facility eligible for up to $2,500 in City fee assistance. The dollar amount requested is within this allowed maximum. As indicated in guideline 98 of Attachment 1, an in-person presentation to City Council is required as part of the application process. Luke-Dorf Executive Director, Howard Spanbock, will be present at the February 14'h meeting to discuss the organization's request and to answer any questions Council may have. OTHER ALTERNATIVES CONSIDERED Award fewer or no dollars. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT 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 $2,243 in fee assistance is requested. The approved 05/06 Community Events and Social Services budget is $10,000. Any funds not used during the fiscal year will return to the General Fund budget. i/LRPLN/Council Materials/2006/2-14-06 Affordable Fee Subsidy AIS.doc II ATTACHMENT 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. High consideration will be given to projects that facilitate the dispersal of affordable housing within the City. 4. The proposed project must be consistent with City housing policies and applicable planning and zoning standards. 5. 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. 6. 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. 7. 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. 8. 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. 9. The time limit on the use of the funds is two years. 10. Applications for assistance will be accepted twice per year. Applications shall be submitted on forms provided by the City of Tigard. 11. 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. i/Irpln/dr/1-28-03 affordable housing ATTACHMENT 2 Tigard Affordable Housing Fee Assistance Program City of Tigard, Oregon 13125 SW Hall Blvd. Tigard, Oregon 97223 503-639-4171 FY 2004-05 AFFORDABLE HOUSING FEES AND CHARGES ASSISTANCE REQUEST Organization Name: Luke-Dorf, Inc. Address: 10313 SW 69th Ave City, State, Zip: Tigard, OR 97223 Contact Name: Howard Spanbock Telephone Number: 503-624-0866 x14 Email address: hspanbock(cD_luke-dorf.org Address/location of the project site: [Note: only projects located within the Tigard City limits are eligible for funding assistance]: 10855 SW Hall Blvd, Tigard, OR 97223 1. Briefly describe your organization and the type(s) of affordable housing opportunities you provide or are seeking to provide. Luke-Dorf is a not for profit (501 C3) community mental health agency, that has been located in Tigard since it's founding in 1977. Along with outpatient services Luke-Dorf provides low income disabled clients with safe and affordable housing. The housing choices are in the form of State licensed treatment homes or independent supported apartments/group homes. 2. Describe the activity for which you are requesting fee relief. Luke-Dorf has been awarded a Community Development Block grant to renovate a five person group home located on Hall Blvd. We are requesting relief regarding our city building permit fees. 3. Describe the fees and charges (including amounts per unit) that you are seeking City funds to offset. The City has charged $2,243.79 to process our building permits needed to accomplish the renovation. 4. Describe the status of all necessary land use, zoning, and building plan approvals. All approvals have been met, and the permits have been purchased. 5. Indicate whether the project will require the relocation of any household or business. No relocation will be needed. 6. Request (express in whole dollar amounts only): [Note: the City budget amount available for all projects combined during FY 04-05 is $10,000.] Dollar amount per unit $ 448.75 Number of units 5 Total Request $2,243.75 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 if needed.] 1. Luke-Dorf is a Not For Profit Corp. 2. The project provides affordable housing for disabled clients. 3. The project maintains existing affordable housing. 4. The project is pre existing and meets all City policies, and zoning standards. 5. All residents are below the 50% threshold of median income. 6. Luke-Dorf guarantees that the project will remain in service to low income disabled clients for at least 30 years, as required by the Community Development Block Grant. 8. Describe when you anticipate being able to use the requested funds. Funds will be used immediately upon receipt. 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: Cj Signature: Typed Name and Title: Howard Spanbock LCSW, CADCIII, Executive Director Note: Submit one original of the completed application. The application deadline is 4:00 pm, December 24, 2004, 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; 503-718-2444; duane(cD-ci.tigard.or.us. AGENDA ITEM # 7 FOR AGENDA OF February 14, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider the Tualatin River Bicycle and Pedestrian Bridge Intergovernmental Agreement (IGAJwith the Cities of Durham and Tualatin and Clean Water Services PREPARED BY: Dan Plaza DEPT HEAD OK AWICITY MGR OK ISSUE BEFORE THE COUNCIL Consider the Tualatin River Bicycle and Pedestrian Bridge IGA, which makes Clean Water Services (CWS) a full partner in the construction and maintenance of the bridge and commits additional city funds to construct the project. STAFF RECOMMENDATION Staff recommends the Council approve the IGA. INFORMATION SUMMARY In February, 2004, the Council approved an IGA with the Cities of Durham and Tualatin to construct the Tualatin River Bicycle and Pedestrian Bridge. At the January 24, 2006, Council meeting, the Council was informed that the Tualatin River Bicycle and Pedestrian Bridge project had incurred significant cost increases. The Council decided to comnut additional funds to the project, with Tigard's total share of the construction cost at $592,578, an increase of $362,578. To formalize this action, and to include CWS in the partnership, the Council is asked to consider the attached IGA. The IGA makes CWS a frill partner in the construction and maintenance of the bridge and officially commits additional city funds the project. Council further directed staff to prepare a letter setting forth its commitment to the additional funding. The letter was delivered to the City of Tualatin prior to the January 31, 2006, ODOT deadline and is attached for your reference.. The IGA has been reviewed and approved by the City Attorney's office. OTHER ALTERNATIVES CONSIDERED The Council could decide not to approve the IGA. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Council Goal - "Addressing Growth - Acquire and Develop Park Land and Open Space" Tigard Beyond Tomorrow, Urban and Public Services, Parks and Greenways #2 - "Open space and greenway areas shall be preserved and protected." Strategy #1 - "acquire and develop park land." ATTACHMENT LIST January 30, 2006, Letter from Mayor Dirksen to Tualatin City Manager Steve Wheeler Tualatin River Bicycle and Pedestrian Bridge Intergovernmental Agreement FISCAL NOTES Tigard's financial share, as set forth in the IGA, for constructing the bridge is $592,578 of which $224,928 is from Metro Transportation Improvement Program (MTIP) funds and $367,650 is from parks system development charge (SDC) monies. January 30, 2006 CITY OF TIGARD OREGON Mr. Steve Wheeler, City Manager City of Tualatin 18880 SW-Martinazzi Avenue Tualatin, Oregon 97062-7092 Dear Steve: Thank you for attending the Council meeting on January 24, 2006. Your presence, along with Paul Hennon, assisted the Council in making a very important decision pertaining to the funding of the Tualatin River Bicycle and Pedestrian Bridge. The Council motion follows: "Motion by Councilor Sherwood, seconded by Councilor Wilson, to approve additional funds needed for the bridge and for confirmation of this approval to be conveyed by letter to the City of Tualatin; a budget amendment will be considered by the City Council on February 14, 2006. After discussion, Councilor Wilson amended his motion to note the amount of Tigard's share for the bridge is now $592,578.00." A copy of Resolution No. 06-03 is attached. As stated in the motion, the Council, on February 14, 2006 will consider adoption of the budget amendment necessary to fund this project. Also, the Council will consider adopting the IGA between Clean Water Services and the cities of Tualatin, Tigard, and Durham. Sincerely, Craig E. Dirksen, Mayor City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF TUALATIN, TIGARD AND DURHAM AND CLEAN WATER SERVICES FOR TUALATIN RIVER BICYCLE AND PEDESTRIAN BRIDGE This intergovernmental agreement, ("Agreement") is entered into on the last date shown on the signature page by City of Tualatin ("Tualatin"), City of Tigard ("Tigard"), City of Durham ("Durham"), all political subdivisions of the State of Oregon, and Clean Water Services ("District"), a county service district (collectively, the "Parties"). RECITALS 1. ORS 190.007 provides for the furthering of economy and efficiency in local government by intergovernmental cooperation. 2. ORS 190.010 provides that units of government may enter agreements for performance of any and all functions and activities that parties to the agreement, its officers or agencies have authority to perform. 3. The Parties desire to enter into this Agreement for the purposes of allowing coordination, cost-sharing, and joint ownership, liability and on- going maintenance between Tualatin, Tigard, Durham, and District associated with the development and operation of the Tualatin River Bicycle and Pedestrian Bridge, ("Project"). The Project includes the construction of the portion of the District's Lower Tualatin Force Mains and appurtenant systems (including air and vacuum relief valves and electrical and instrumentation conduit and wiring) that are on the bridge and within the work limits of the Project ("Force Mains"). 4. Tualatin, Tigard, Durham, and District will all benefit from coordinating the planning, engineering, and permit review for the development of the Project. 5. The Parties desire the Project to be constructed. The Project is being partially funded in cooperation with the Oregon Department of Transportation ("ODOT") through the award of Transportation Enhancement ("TE") Funding. The Parties desire to share the cost of the Transportation Enhancement Program required Local Agency match for the bicycle and pedestrian bridge portion of the Project. District will provide one hundred percent Intergovernmental Agreement for Tualatin River Bicycle and Pedestrian Bridge Page 2 of 7 (100%) of the funding for the Project costs attributed to the Force Mains portion of Project. 6. The Parties believe that it is in the best interests of Tualatin, Tigard, Durham, and District to coordinate the cost of the long-term maintenance of the Tualatin River Bicycle and Pedestrian Bridge. THE CITIES OF TUALATIN, TIGARD, DURHAM AND CLEAN WATER SERVICES AGREE AS FOLLOWS: 1. OWNERSHIP AND AREA AFFECTED BY THIS AGREEMENT The Parties shall jointly own the Project in proportion to their financial contribution for construction. However, only the District shall own the Force Mains. The area affected by this Agreement is Tualatin River Bicycle and Pedestrian Bridge, and connecting pathways as shown in Exhibit 1, which is attached and incorporated into this Agreement, and any additional public land that may become part of the Project area. The Parties hereby grant permission for use of properties in public ownership as required for construction and continued use and maintenance of Project. All city Parties agree to cause the work when complete to be open for public recreational use as mutually agreed by the city Parties. II. DELEGATION OF AUTHORITY Tigard, Durham, and District delegate to Tualatin the authority to review, approve, and hear appeals, if any, for all design, bidding, permitting and construction management for that portion of the Tualatin River Bicycle and Pedestrian Bridge Project that lie within the cities of Tigard and Durham. Tualatin shall apply Tigard City Code to property located in Tigard, and Durham City Code to property located in Durham. In addition to the construction management provided by Tualatin the District shall also perform construction inspection services for the Force Mains. III. FUNDING FORCE MAINS AND SHARING OF LOCAL AGENCY MATCH COSTS District shall be solely responsible for the costs associated with design and construction of the Force Mains. The Project shall be bid to allow for attribution of costs related to the Force Mains. Intergovernmental Agreement for Tualatin River Bicycle and Pedestrian Bridge Page 3 of 7 Any sensitive area mitigation required for the Project shall be considered a Project cost and will be subject to the following cost-sharing percentages. Tualatin, Tigard, Durham, and District agree that the cost of the Local Agency match for the TE funding for the Project less the cost of the Force Mains shall be apportioned as follows: Tualatin: $ 412,228 25.3 Tigard: $ 592,578 36.3 Durham: $ 25,764 1.6 District: $ 600,000 36.8 Total Match: $1,630,570 100 These are the maximum costs based on the 100% preliminary engineering cost estimates If additional funding is required, it shall be borne by the three cities with contributions falling back to the original partnership terms of Tualatin 40%, Tigard 57.5% and Durham 2.5%. In no event shall District's contribution exceed $600,000, unless District chooses to increase contribution. If less funding is required, the savings shall be distributed to each agency based on the percentages shown above. Parties shall contribute ODOT-required deposits in the amount of 110% of costs prior to each phase of work. IV. SHARING OF MAINTENANCE COSTS Tualatin, Tigard, Durham, and District agree that the cost of maintenance of the Tualatin River Bicycle and Pedestrian Bridge shall be shared between the three cities and District continuously for the useful life of the bridge, projected to be 75 to 100 years, and apportioned as follows: Tualatin 35 Tigard 45 Durham 5 District 15 Intergovernmental Agreement for Tualatin River Bicycle and Pedestrian Bridge Page 4 of 7 The sharing of maintenance costs shall apply only to the bridge structure itself. Tualatin will be the lead agency in carrying out regularly scheduled maintenance activities on the bridge. The respective managers for the parties shall coordinate the dispersal of maintenance funds when " appropriate. District shall be solely responsible for maintaining the Force Mains and the costs thereof. V. CITY OF DURHAM AND DISTRICT COOPERATION There will be work related to the Project that will involve construction of the Force Mains north of the Project through Durham City Park to the District's Durham treatment plant. District shall be solely responsible for the costs of this work and corresponding park restoration. The District and Durham shall mutually negotiate the terms of any easement required to place and maintain District Force Mains on Durham's property. Easements shall be granted and the permitting process shall not impose extraordinary or unreasonable costs or conditions. VI. DISPUTE RESOLUTION If a dispute arises over the provisions of this Agreement that staff cannot resolve despite their best efforts, the staff for each entity will immediately refer the dispute to their respective managers to resolve the dispute. VII. NOTICE OF APPLICATIONS, DECISIONS and APPEALS Tualatin shall give notice to Tigard, Durham, and District of all land use applications, hearings, decisions, building permits, and any appeals of those decisions made under the authority of this Agreement. Tualatin shall have the authority to defend any claims or appeals rising from permits issued under this Agreement. Tigard, Durham, and District may comment on, participate in, and intervene in any appeal of such decision. VIII. TERM OF AGREEMENT This Agreement shall be effective upon signature and shall remain in effect for the projected 75 to 100-year useful life of the Tualatin River Bicycle and Pedestrian Bridge. IX. COMPLIANCE WITH LAWS Each Party shall comply with all applicable federal, state and local ordinances, statutes, and regulations that are applicable to the services provided under this Agreement. Intergovernmental Agreement for Tualatin River Bicycle and Pedestrian Bridge Page 5 of 7 X. INDEMNIFICATION AND INSURANCE 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, 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 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. The Parties shall carry liability, property and flood insurance on the bridge and ramps. Tualatin will be the lead agency in securing said insurance and the costs shall be apportioned in accord with the apportionment of maintenance costs set forth in Section IV above. XI. MODIFICATION Modifications to this Agreement are valid only if made in writing and signed by all Parties. This writing is intended to be the final expression of the agreement between the Parties with respect to the included terms as a complete and exclusive statement of the terms of the Agreement. In WITNESS THEREOF, the Parties have executed this Intergovernmental Agreement on the date below their signatures. CITY OF TUALATIN, OREGON CITY OF TIGARD, OREGON By: By: Lou Ogden, Mayor Craig Dirksen, Mayor City of Tualatin City of Tigard Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney Intergovernmental Agreement for Tualatin River Bicycle and Pedestrian Bridge Page 6 of 7 CITY OF DURHAM, OREGON CLEAN WATER SERVICES By: By: Gery Shirado, Mayor Robert C. Cruz, Deputy General City of Durham Manager, Clean Water Services Date: Date: Approved as to Form: Approved as to Form City Attorney District Council Intergovernmental Agreement for Tualatin River Bicycle and Pedestrian Bridge Page 7 of 7 0 Exhibit 1 LocationNicinity Map Tualatin River Bicycle and Pedestrian Bridge N Cook Park Durham Park p H r l j SWE CT I Proposed Pedestrian Bridge t C mu it Park ' C~IL0 i dz 4 R¢J PAGFIC RAILROAD CA AGENDA ITEM # q FOR AGENDA OF February 14.2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Approving Budget Amendment #8 to the FY 2005-06 Budget to Increase Appropriations in the Parks Capital Improvement budget for Funding of Additional Costs Related to the Tualatin River Bicycle and Pedestrian Bridge PREPARED BY: Michelle Wareing DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City Council approve Budget Amendment # 8 to increase appropriations in the Parks Capital Improvement budget to fund Tigard's share of increased costs for the Tualatin River Bicycle and Pedestrian Bridge? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment # 8. INFORMATION SUMMARY At the January 24, 2006 Council meeting, Council members agreed to continue Tigard's participation in the Tualatin River Bicycle and Pedestrian Bridge program and to fund Tigard's share of the increased costs related to the project. This budget amendment appropriates the additional funds needed. The FY 05-06 Budget includes $250,125 in the Parks Capital Fund to pay for Tigard's share of a pedestrian bridge that crosses the Tualatin River at Cook Park and links Tigard to Tualatin and Durham. Additional costs have arisen since the budgeted amount was adopted. The additional costs are due to the bridge structure needing to be longer than originally envisioned, steel and concrete costs increasing significantly, and design complexity. Tigard's share of the additional costs is $342,453. As the contingency of $150,000 in the Parks Capital Fund is insufficient to cover the total additional funding needs, staff is recommending that a portion of the appropriations from the Washington Square Regional Center Trail that was budgeted in FY 05-06, but has been postponed until FY 06-07 be used to fund the additional $192,453. Tigard's total cost of $592,578 will be paid for with Metro Transportation Improvement Program (MTIP) monies in the amount of $224,928 and Park System Development Charges (SDCs) of $367,650. OTHER ALTERNATIVES CONSIDERED Do not approve Budget Amendment # 8 COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Council Goal - "Addressing Growth - Acquire and Develop Park Land and Openspace" Tigard Beyond Tomorrow, Urban and Public Services, Parks and Greenways #2 - "Open space and greenway areas shall be preserved and protected." Strategy #1- "Acquire and develop park land." ATTACHMENT LIST Resolution including Attachment A FISCAL NOTES The Resolution will transfer $150,000 from the Parks Capital contingency to the Parks Capital Improvement Project budgets. This Resolution will also transfer $192,453 of budgeted appropriations from the Washington Square Regional Center Trail, as this project has been postponed, to the Tualatin River Bicycle and Pedestrian Bridge project.