City Council Packet - 12/19/2006
CITY OF TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
December 19, 2006
COUNCIL MEETING WILL BE TELEVISED
I:\Ofs\Donna's\Ccpkt3
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
TIGARD CITY COUNCIL & LOCAL M
CONTRACT REVIEW BOARD
MEETING '
DECEMBER 19, 2006 r - i - ;
6-7 PM - Reception for Council President
Nick Wilson
Meeting Starts at 7 PM
TIGARD CITY HALL
13125 SW HALL BLVD, TIGARD, OR
PUBLIC NOTICE:
To request to speak to the City Council:
➢ Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s).
➢ If no sheet is available for the agenda item you would like to address, sign the Citizen
Communication sign-in sheet and ask the Mayor if you may speak to the Council when that
agenda item is considered.
➢ For Citizen Communication items regarding items not on the agenda, citizens are asked keep
their remarks to two minutes or less. Longer matters can be set for a future Agenda by
contacting the Mayor or the City Manager.
➢ If you need assistance determining how to sign in, please speak to the staff greeter who will be
near the entry to the Town Hall before the Council meeting.
Times noted are estimated, it is recommended that persons interested in testifying be present by 7:15
p.m. to sign the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30
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 (f'DD - 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
TIGARD CITY COUNCIL AND LOCAL
CONTRACT REVIEW BOARD AGENDA
DECEMBER 19, 2006 page 1
AGENDA
TIGARD CITY COUNCIL AND
LOCAL CONTRACT REVIEW BOARD MEETING
DECEMBER 19, 2006
y
Reception Honoring Council President Nick Wilson
for his years of service on City Council.
6-7 PM
7PM
• STUDY SESSION
• City Center Advisory Commission (CCAC) Membership Vacancies
• 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.
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)
• Citizen Communications - Sign Up Sheet
• Report from the Tigard Area Chamber of Commerce President Ralph Hughes
• Follow-up to Previous Citizen Communication
TIGARD CITY COUNCIL AND LOCAL
CONTRACT REVIEW BOARD AGENDA
DECEMBER 19, 2006 page 2
7:45PM
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 City Council Minutes: November 21, 2006
3.2 Authorize the Mayor to Sign a Memorandum of Understanding (MOU) with Tualatin
Valley Fire and Rescue (TFV&R) Regarding the Joint Development of the Walnut
Street Fire Station and the Expansion and Improvement of Jack Park
3.3 Approve Budget Amendment #10 to the FY 2006-07 Budget to Accept and Expend a
State Homeland Security Grant for Purchase of 800 MHz Radios - Resolution No. 06-
76
A RESOLUTION APPROVING BUDGET AMENDMENT #10 TO THE FY
2006-07 BUDGET TO ACCEPT AND EXPEND A STATE HOMELAND
SECURITY GRANT FOR PURCHASE OF 800 MHZ RADIOS
• Consent Agenda - Items Removed for Leparate 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. MEETING WITH TRI-MET GENERAL MANAGER FRED HANSEN FOR A
PROGRESS REPORT ON THE THIRD YEAR OF THE TIGARD/TRI-MET
MEMORANDUM OF UNDERSTANDING
• Staff Introduction: Community Development Department
• Progress Update: TriMet General Manager Fred Hansen
8:1o PM Agenda Item No. 5 is rescheduled to the January 23, 2007, City Council meeting.
5.
REG 10N 1 NLkNAG RR JASON TV-!
8:25 PM
6. AMENDMENT TO TIGARD MUNICIPAL CODE (TMC) CHAPTER 12.10.100
REGARDING THE CITY OF TIGARD'S CROSS CONNECTION CONTROL
PROGRAM
• Staff Report: Public Works Department
• Council Discussion
• Council Consideration: Ordinance No. 06-21
TIGARD CITY COUNCIL AND LOCAL
CONTRACT REVIEW BOARD AGENDA
DECEMBER 19, 2006 page 3
Council Member: I move for adoption of Ordinance No. 06-21
Council Member: I second the motion
Mayor: Will the City Recorder please read the number and title of the
ordinance?
City Recorder: (Reads as requested.)
ORDINANCE NO. 06-21 - AN ORDINANCE
AMENDING TIGARD MUNICIPAL CODE CHAPTER
12.10.10 REGARDING THE CITY'S CROSS
CONNECTION CONTROL PROGRAM
Mayor: Is there any discussion?
Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of
Council?
City Recorder: Conducts a roll-call to recorder votes of City Council
members.
Mayor: Ordinance No. 06-21 (is adopted or has failed) by a
(unanimous, or however votes were split) vote of the Council
members present.
Note: Tie votes =failure to
pass.
8:35 PM
7. PUBLIC HEARING TO CONSIDER AN ORDINANCE IMPLEMENTING A GAS TAX
FOR GREENBURG/99W/ MAIN STREET IMPROVEMENTS
a. Open Public Hearing
b. Staff Report
C. Public Testimony
• Proponents
• Opponents
d. Council Questions and Discussion
e. Close Public Hearing
f. Council Consideration: Ordinance No. 06-22
TIGARD CITY COUNCIL AND LOCAL
CONTRACT REVIEW BOARD AGENDA
DECEMBER 19, 2006 page 4
Council Member: I move for adoption of Ordinance No. 06-22
Council Member: I second the motion
Mayor: Will the City Recorder please read the number and title of the
ordinance?
City Recorder: (beads as requested.)
ORDINANCE NO. 06-22 - AN ORDINANCE
CREATING AND IMPOSING A TAX ON MOTOR
VEHICLE FUEL DEALERS; PROVIDING FOR
ENFORCEMENT, ADMINISTRATION AND
COLLECTION OF THE TAX; AND AMENDING THE
TIGARD MUNICIPAL CODE BY ADDING A NEW
CHAPTER 3.65
Mayor: Is there any discussion?
Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of
Council?
City Recorder: Conducts a roll-call to recorder votes of City Council
members.
Mayor: Ordinance No. 06-22 (is adopted or has failed) by a
(unanimous, or however votes were split) vote of the Council
members present.
Note. Tie votes =failure to
pass.
9:35 PM
8. CITY COUNCIL 41'f-I QUARTER GOAL UPDATE
• Staff Report: Administration Department
9. COUNCIL LIAISON REPORTS
10. NON AGENDA ITEMS
TIGARD CITY COUNCIL AND LOCAL
CONTRACT REVIEW BOARD AGENDA
DECEMBER 19, 2006 page 5
11. 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.
9:50 PM
12. ADJOURNMENT
i Aadm%cath&Ca12 0 0 010 61 21 9.doc
TIGARD CITY COUNCIL AND LOCAL
CONTRACT REVIEW BOARD AGENDA
DECEMBER 19, 2006 page 6
t
City of Tigard, Oregon
Affidavit of Posting
In the Matter of the Proposed Ordinance(s) 0(O. 0)
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
being first duly sworn (or affirmed), by oath
(or affirmation), depose and say:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number(s) n6 I) / , which were adopted at the City Council
meeting of / I. / 9 d/' 6 , with a copy(s) of said Ordinance(s) being hereto
attached and by reference made a part hereof, on the
0_.
day of Zlc, ic 'gA4 LA ~ )20
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon
3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon
®r-
Signature of Pers n who Performed Posting
Subscribed and sworn (or affirmed) before me this day of
20 t~
OFFICIAL SEAL
JILL M BYARS Si ature of otary Public for Oregon
(*NOTARY PUBLIC-OREGON
COMMISSION NO. 381793
MY COMMISSION EXPIRES JUNE 14,2M
iAadm\cathyVorms\post ordinance 2006.doc
CITY OF TIGARD, OREGON
ORDINANCE NO. 06-.c:)
AN ORDINANCE CREATING AND IMPOSING A TAX ON MOTOR VEHICLE FUEL
DEALERS; PROVIDING FOR ENFORCEMENT, ADMINISTRATION AND COLLECTION
OF THE TAX; AND AMENDING THE TIGARD MUNICIPAL CODE BY ADDING A NEW
CHAPTER 3.65.
WHEREAS, Tigard is an Oregon home-rule municipal corporation having the authority
and power under the terms of its Charter to exercise all the powers and authority that the
constitution, statutes and common law of the United States and this State expressly or impliedly
grant or allow as though each such powers were specifically enumerated therein;
WHEREAS, said authority and power includes the authority to impose a tax on the sale
of motor vehicle fuel sold within the City;
WHEREAS, the City Council wishes to exercise that power and to limit the use of any
revenues generated by said tax to purposes associated with the administration, construction,
reconstruction, improvement, repair, maintenance, operation and use of public highways, roads
and streets within the city;
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code is amended by adding a new Chapter 3.65 Motor Vehicle
Fuel Tax, to read as follows:
Chapter 3.65 MOTOR VEHICLE FUEL TAX -
3.65.010 Short Title
3.65.015 Purpose
3.65.020 Definitions
3.65.030 Tax Imposed
3.65.040 Amount and Payment
3.65.050 Permit Requirements
3.65.060 Permit Applications and Issuance
3.65.070 Failure to Secure Permit
3.65.080 Revocation of Permit
3.65.090 Cancellation of Permit
3.65.100 Remedies Cumulative
3.65.110 Payment of tax and Delinquency
3.65.120 Monthly Statement of Dealer
Ordinance No. 06- o{
Page 1
3.65.130 Failure to File Monthly Statements
3.65.140 Billing Purchasers
3.65.150 Failure to Provide Invoice or Delivery Tag
3.65.160 Transporting Motor Vehicle Fuel in Bulk
3.65.170 Exemption of Export Fuel
3.65.190 Fuel in Vehicle Coming into City Not Taxed
3.65.200 Fuel sold or Delivered to Dealers
3.65.210 Refunds
3.65.220 Examination and Investigations
3.65.230 Limitation on Credit for Refund or Overpayment and on Assessment of
Additional Tax
3.65.240 Examining Books and accounts of Carrier of Motor Vehicle Fuel
3.65.250 Records to be Kept by Dealers
3.65.260 Records to be Kept Three Years
3.65.270 Use of Tax Revenues
3.65.010 Short Title
The provisions of this Chapter shall be known and may be cited as the "City of Tigard
Motor Vehicle Fuel Tax Ordinance".
3.65.015 Purpose
The purpose of the motor vehicle fuel tax is to raise revenues necessary for the
construction, reconstruction, improvement, repair, maintenance, operation and use of the public
street system in the city.
3.65.020 Definitions.
As used in this ordinance, unless the context requires otherwise:
1. "City" means City of Tigard, a municipal corporation of the State of Oregon.
2. "Dealer" means any person who:
a. Imports or causes to be imported motor vehicle fuel for sale, use or
distribution in, and after the same reaches the city, but "Dealer" does not include any person who
imports into the city motor vehicle fuel in quantities of 500 gallons or less purchased from a
supplier who is licensed as a dealer hereunder and who assumes liability for the payment of the
applicable motor vehicle fuel tax to the city; or
b. Produces, refines, manufactures or compounds motor vehicle fuels in the
city for use, distribution or sale in the city; or
Ordinance No. 06-
Page 2
C. Acquires in the city for sale, use or distribution in the city motor vehicle
fuel with respect to which there has been no motor vehicle fuel tax previously incurred.
3. "Distribution" means, in addition to its ordinary meaning, the delivery of motor
vehicle fuel by a dealer to any service station or into any tank, storage facility or series of tanks
or storage facilities connected by pipelines, from which motor vehicle fuel is withdrawn directly
for sale or for delivery into the fuel tanks of motor vehicles whether or not the service station,
tank or storage facility is owned, operated or controlled by the dealer.
4. "Highway" means every way, thoroughfare and place of whatever nature, open for
use of the public for the purpose of vehicular travel.
5. "Motor Vehicle" means all vehicles, engines or machines, movable or immovable,
operated or propelled by the use of motor vehicle fuel.
6. "Motor Vehicle Fuel" means and includes diesel and gasoline and any other
flammable or combustible gas or liquid, by whatever name such as diesel and gasoline, gas or
liquid is known or sold, usable as fuel for the operation of motor vehicles, except gas or liquid,
the chief use of which, as determined by the tax administrator, is for purposes other than the
propulsion of motor vehicles upon the highways.
7. "Person" includes every natural person, association, firm, partnership,
corporation, joint venture or other business entity.
8. "Service Station" means and includes any place operated for the purpose of
retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles.
9. "Tax Administrator" means the city manager, the city manager's designee, or any
person or entity with whom the city manager contracts to perform those duties.
3.65.030 Tax Imposed.
A motor vehicle fuel tax is hereby imposed on every dealer. The tax imposed shall be
paid monthly to the tax administrator. The tax administrator is authorized to exercise all
supervisory and administrative powers with regard to the enforcement, collection and
administration of the motor vehicle fuel tax, including all powers specified in ORS 319.010 to
319.430. The motor vehicle fuel tax shall remain in effect through December 31, 2011, but shall
not remain in effect after that date unless renewed by ordinance of the City Council. Renewal of
the tax shall be set for council consideration in the first half of calendar year 2011.
Ordinance No. 06- a
Page 3
3.65.040 Amount and Payment.
In addition to any fees or taxes otherwise provided for by law, every dealer engaging in
his own name, or in the name of others, or in the name of his representatives or agents in the city,
in the sale, use or distribution of motor vehicle fuel, shall:
a. Not later than the 25th day of each calendar month, render a statement to
the tax administrator or duly authorized agent of all motor vehicle fuel sold, used or distributed
by him/her in the city as well as all such fuel sold, used or distributed in the city by a purchaser
thereof upon which sale, use or distribution the dealer has assumed liability for the applicable
motor vehicle fuel tax during the preceding calendar month.
b. Pay a motor vehicle fuel tax computed on the basis of 3 cents per gallon of
such motor vehicle fuel so sold, used or distributed as shown by such statement in the manner
and within the time provided in this ordinance. In the event that the State of Oregon or
Washington County increase their taxes on motor vehicle fuel, the City, which receives a share
of those taxes, shall reduce the rate established by this section so that the City's total revenue
from fuel taxes remains what it would have been without the State or County increases.
2. In lieu of claiming refund of the tax as provided in Section 3.65.210, or of any
prior erroneous payment of motor vehicle fuel tax made to the city by the dealer, the dealer may
show such motor vehicle fuel as a credit or deduction on the monthly statement and payment of
tax.
3. The motor vehicle fuel tax shall not be imposed wherever it is prohibited by the
Constitution of laws of the United States or of the State of Oregon.
3.65.050 Permit Requirements.
No dealer shall sell, use or distribute any motor vehicle fuel until he/she has secured a
dealer's permit as required herein.
3.65.060 Permit Applications and Issuance.
1. Every person, before becoming a dealer in motor vehicle fuel in this city, shall
make an application to the tax administrator for a permit authorizing such person to engage in
business as a dealer.
2. Applications for the permit must be made on forms prescribed, prepared and
furnished by the tax administrator.
3. The applications shall be accompanied by a duly acknowledged certificate
containing:
Ordinance No. 06- O~
Page 4
a. The business name under which the dealer is transacting business.
b. The address of the applicant's principal place of business and location of
distributing stations in the city.
C. The name and address of the managing agent, the names and addresses of
the several persons constituting the firm or partnership and, if a corporation, the corporate name
under which it is authorized to transact business and the names and addresses of its principal
officers and registered agent.
4. If an application for a motor vehicle fuel dealer's permit is complete and has been
accepted for filing, the tax administrator shall issue to the dealer a permit in such form as the tax
administrator may prescribe to transact business in the city. The permit so issued is not
assignable, and is valid only for the dealer in whose name it is issued.
5. The tax administrator shall keep and file all applications with an alphabetical
index thereof, together with a record of all permitted dealers.
3.65.070 Failure to Secure Permit.
1. If any dealer sells, distributes or uses any motor vehicle fuel without first filing
the certificate and securing the permit required by Section 3.65.060, the motor vehicle fuel tax
shall immediately be due and payable on account of all motor vehicle fuel so sold, distributed or
used.
2. The tax administrator shall proceed forthwith to determine, from as many
available sources as the tax administrator determines reasonable, the amount of tax due, and
shall assess the tax in the amount found due, together with a penalty of 100% of the tax, and
shall make a certificate of such assessment and penalty. In any suit or proceeding to collect such
tax or penalty or both, the certificate shall be prima facie evidence that the dealer therein named
is indebted to the city in the amount of the tax and penalty stated.
3. Any tax or penalty so assessed may be collected in the manner prescribed in
section 3.65.110 with reference to delinquency in payment of the tax or by action at law.
4. In the event any suit or action is instituted to enforce this section, if the city is the
prevailing party, the city shall be entitled to recover from the person sued reasonable attorney's
fees at trial or upon appeal of such suit or action, in addition to other sums provided by law.
3.65.080 Revocation of Permit.
The tax administrator may revoke the permit of any dealer who fails to comply with any
provision of sections 3.65.020 to 3.65.279. The tax administrator shall mail by certified mail
addressed to such dealer at his last known address appearing on the files of the tax administrator,
Ordinance No. 06-
Page 5
a notice of intention to cancel. The notice shall give the reason for the cancellation. The
cancellation shall become effective without further notice if within 10 days from the mailing of
the notice the dealer has not made good its default or delinquency.
3.65.090 Cancellation of Permit.
1. The tax administrator may, upon written request of a dealer, cancel a permit
issued to the dealer. The tax administrator shall, upon approving the dealer's request for
cancellation, set a date not later than 30 days after receipt of the written request, after which the
permit shall no longer be effective.
2. The tax administrator may, after 30 days' notice has been mailed to the last
known address of the dealer, cancel the permit of the dealer upon finding that the dealer is no
longer engaged in the business of a dealer.
3.65.100 Remedies Cumulative.
Except as otherwise provided in Sections 3.65.110 and 3.65.130, the remedies provided
in Sections 3.65.070, 3.65.080 and 3.65.090 are cumulative. No action taken pursuant to those
sections shall relieve any person from the penalty provisions of this code.
3.65.110 Payment of Tax and Delinquency.
1. The motor vehicle fuel tax imposed by sections 3.65.030 and 3.65.040 shall be
paid to the tax administrator on or before the 25th day of each month.
2. Except as provided in subsections (3) and (4) of this section, if payment of the
motor vehicle fuel tax is not paid as required by subsection (1) of this section, a penalty of one
percent of such motor vehicle fuel tax shall be assessed and be immediately due and payable.
3. Except as provided in subsection (4) of this section, if payment of the tax and
penalty, if any, is not made on or before the ls` day of the next month following that month in
which payment is due, a further penalty of 10 percent of the tax shall be assessed. Said penalty
shall be in addition to the penalty provided for in subsection (2) of this section, and shall be
immediately due and payable.
4. Penalties imposed by this section shall not apply if a penalty has been assessed
and paid pursuant to section 3.65.070. The tax administrator may for good cause shown waive
any penalties assessed under this section.
5. If any person fails to pay the motor vehicle fuel tax or any penalty provided for by
this section, the tax and/or penalty shall be collected from that person for the use of the city. The
Ordinance No. 06-
Page 6
tax administrator shall commence and prosecute to final determination in any court of competent
jurisdiction an action to collect the same.
6. In the event any suit or action is instituted to collect the motor vehicle fuel tax or
any penalty provided for by this section, if the city is the prevailing party, the city shall be
entitled to recover from the person sued reasonable attorney's fees at trial or upon appeal of such
suit or action, in addition to other sums provided by law.
7. No dealer who collects from any person the tax provided for herein shall
knowingly and willfully fail to report and pay the same to the City as required herein.
3.65.120 Monthly Statement of Dealer.
Every dealer in motor vehicle fuel shall provide to the tax administrator on or before the
25th day of each month, on forms prescribed, prepared and furnished by the tax administrator, a
statement of the number of gallons of motor vehicle fuel sold, distributed or used by him during
the preceding calendar month. The statement shall be signed by the dealer or the dealer's agent.
All statements filed with the City, as required in this section, are public records.
3.65.130 Failure to File Monthly Statements.
If a dealer fails to file any statement required by Section 3.65.120, the tax administrator
shall proceed forthwith to determine from as many available sources as the tax administrator
determines to be reasonable the amount of motor vehicle fuel sold, distributed or used by such
dealer for the period unreported, and such determination shall in any proceeding be prima facie
evidence of the amount of such fuel sold, distributed or used. The tax administrator shall
immediately assess the dealer for the motor vehicle fuel tax upon the amount determined, adding
thereto a penalty of ten percent of the tax. The penalty shall be cumulative to other penalties
provided in this code.
3.65.140 Billing Purchasers.
Dealers in motor vehicle fuels shall render bills to all purchasers of motor vehicle fuel.
The bills shall separately state and describe the different products sold or shipped thereunder and
shall be serially numbered except where other sales invoice controls acceptable to the tax
administrator are maintained.
3.65.150 Failure to Provide Invoice or Delivery Tag.
No person shall receive and accept motor vehicle fuel from any dealer, or pay for the
same, or sell or offer the motor vehicle fuel for sale, unless the motor vehicle fuel is
accompanied by an invoice or delivery tag showing the date upon which motor vehicle fuel was
delivered, purchased or sold, and the name of the dealer in motor vehicle fuel.
Ordinance No. 06- a
Page 7
3.65.160 Transporting Motor Vehicle Fuel in Bulk.
Every person operating any conveyance for the purpose of hauling, transporting or
delivering motor vehicle fuel in bulk shall, before entering upon the public highways of the city
with such conveyance, have and possess during the entire time of the hauling or transporting of
such motor vehicle fuel, an invoice, bill of sale or other written statement showing the number of
gallons, the true name and address of the seller or consignor, and the true name and address of
the buyer or consignee, if any, of the same. The person hauling such motor vehicle fuel shall at
the request of any officer authorized by law to inquire into or investigate such matters, produce
and offer for inspection the invoice, bill of sale or other statement.
3.65.170 Exemption of Export Fuel.
1. The motor vehicle fuel tax imposed by sections 3.65.030 and 3.65.040 shall not
be imposed on motor vehicle fuel:
a. Exported from the city by a dealer; or
b. Sold by a dealer in individual quantities of 500 gallons or less for export
by the purchaser to an area or areas outside the city in containers other than the fuel tank of a
motor vehicle, but every dealer shall be required to report such exports and sales to the city in
such detail as may be required.
2. In support of any exemption from motor vehicle fuel taxes claimed under this
section other than in the case of stock transfers or deliveries in his own equipment, every dealer
must execute and file with the tax administrator an export certificate in such form as shall be
prescribed, prepared and furnished by the tax administrator, containing a statement, made by
some person having actual knowledge of the fact of such exportation, that the motor vehicle fuel
has been exported from the city, and giving such details with reference to such shipment as the
tax administrator may require. The tax administrator may demand of any dealer such additional
data as is deemed necessary in support of any such certificate, and failure to supply such data
will constitute a waiver of all right to exemption claimed by virtue of such certificate. The tax
administrator may, in a case where tax administrator believes no useful purpose would be served
by filing of an export certificate, waive the filing of the certificate.
3. Any motor vehicle fuel carried from the city in the fuel tank of a motor vehicle
shall not be considered as exported from the city.
Ordinance No. 06- a
Page 8
4. No person shall, through false statement, trick or device, or otherwise, obtain
motor vehicle fuel for export as to which the city tax has not been paid and fail to export the
same, or any portion thereof, or cause the motor vehicle fuel or any portion thereof not to be
exported, or divert or cause to be diverted the motor vehicle fuel or any portion thereof to be
used, distributed or sold in the city and fail to notify the tax administrator and the dealer from
whom the motor vehicle fuel was originally purchased of his/her act.
5. No dealer or other person shall conspire with any person to withhold from export,
or divert from export or to return motor vehicle fuel to the city for sale or use so as to avoid any
of the fees imposed herein.
6. In support of any exemption from taxes on account of sales of motor vehicle fuel
in individual quantities of 500 gallons or less for export by the purchaser, the dealer shall retain
in his/her files for at least three years an export certificate executed by the purchaser in such
form and containing such information as is prescribed by the tax administrator. This certificate
shall be prima facie evidence of the exportation of the motor vehicle fuel to which it applies only
if accepted -by the dealer in good faith.
3.65.175 Sales to Armed Forces Exempted.
The license tax imposed by sections 3.65.030 and 3.65.040 shall not be imposed on any
motor vehicle fuel sold to the Armed Forces of the United States for use in ships, aircraft or for
export from the city; but every dealer shall be required to report such sales to the tax
administrator in such detail as may be required. A certificate by an authorized officer of such
Armed Forces shall be accepted by the dealer as sufficient proof that the sale is for the purpose
specified in the certificate.
3.65.190 Fuel in Vehicle Coming into City Not Taxed.
Any person coming into the city in a motor vehicle may transport in the fuel tank of such
vehicle, motor vehicle fuel for his/her own use only and for the purpose of operating such motor
vehicle without securing a permit or paying the tax provided in Sections 3.65.030 and 3.65.040,
or complying with any of the provisions imposed upon dealers herein, but if the motor vehicle
fuel so brought into the city is removed from the fuel tank of the vehicle or used for any purpose
other than the propulsion of the vehicle, the person so importing fuel into the city shall be subject
to all the provisions herein applying to dealers.
3.65.200 Fuel Sold or Delivered to Dealers.
1. A dealer selling or delivering motor vehicle fuel to dealers is not required to pay a
motor vehicle fuel tax thereon.
Ordinance No. 06- a
Page 9
2. The dealer in rendering monthly statements to the city as required by Sections
3.65.040 and 3.65.120 shall show separately the number of gallons of motor vehicle fuel sold or
delivered to dealers.
3.65.210 Refunds.
Refunds will be made pursuant to ORS 319.280 to 319.320. Claim forms for refunds
may be obtained from the tax administrator's office.
3.65.220 Examination and Investigations.
The tax administrator, or duly authorized agents, may make any examination of accounts,
records, stocks, facilities and equipment of dealers, service stations and other persons engaged in
storing, selling or distributing motor vehicle fuel or other petroleum product or products within
this city, and such other investigations as it considers necessary in carrying out the provisions of
sections 3.65.020 through 3.65.279. If the examinations or investigations disclose that any
reports of dealers or other persons theretofore filed with the tax administrator pursuant to the
requirements herein, have shown incorrectly the amount of gallonage or motor vehicle fuel
distributed or the tax accruing thereon, the tax administrator may make such changes in
subsequent reports and payments of such dealers or other persons, or may make such refunds, as
may be necessary to correct the errors disclosed by its examinations or investigations. The
dealer shall reimburse the city for reasonable costs of the examination or investigation if the
action disclosed that the dealer paid 95 percent or less of the tax owing for the period of the
examination or investigation. In the event that such examination or investigation results in an
assessment by and an additional payment due to the city, such additional payment shall be
subject to interest at the rate of 18 percent per year from the date the original tax payment was
due.
3.65.230 Limitation on Credit for or Refund of Overpayment and on Assessment of
Additional Tax.
1. Except as otherwise provided in this ordinance, any credit for erroneous
overpayment of tax made by a dealer taken on a subsequent return or any claim for refund of tax
erroneously overpaid filed by a dealer must be so taken or filed within three years after the date
on which the overpayment was made to the city.
2. Except in the case of a fraudulent report or neglect to make a report, every notice
of additional tax proposed to be assessed under this code shall be served on dealers within three
years from the date upon which such additional taxes become due, and shall be subject to penalty
as provided in section 3.65.110.
3.65.240 Examining Books and Accounts of Carrier of Motor Vehicle Fuel.
Ordinance No. 06- a
Page 10
The tax administrator or duly authorized agents may at any time during normal business
hours examine the books and accounts of any carrier of motor vehicle fuel operating within the
City for the purpose of enforcing the provisions of this ordinance.
3.65.250 Records to be Kept by Dealers.
Every dealer in motor vehicle fuel shall keep a record in such form as may be prescribed
by the tax administrator of all purchases, receipts, sales and distribution of motor vehicle fuel.
The records shall include copies of all invoices or bills of all such sales and shall at all times
during the business hours of the day be subject to inspection by the tax administrator or
authorized officers or agents of the tax administrator.
3.65.260 Records to be Kept Three Years.
Every dealer shall maintain and keep, for a period of three years, all records of motor
vehicle fuel used, sold and distributed within the city by such dealer, together with stock records,
invoices, bills of lading and other pertinent papers as may be required by the tax administrator. In
the event such records are not kept within the state of Oregon, the dealer shall reimburse the tax
administrator for all travel, lodging, and related expenses incurred by the tax administrator in
examining such records. The amount of such expenses.shall be an additional tax imposed by
section 3.65.030.
3.65.270 Use of Tax Revenues.
1. For the purposes of this section, net revenue shall mean the revenue from the tax
imposed by sections 3.65.020 through 3.65.279 remaining after providing for the cost of
administration and any refunds and credits authorized herein.
2. The net revenue shall be used only for the construction, reconstruction,
improvement, repair, maintenance, operation and use of public highways, roads and streets
within the city. The net revenue shall be used exclusively for improvements to the Greenburg
Road/Highway 99 intersection. The City shall cease collecting the tax once the improvements
are fully funded.
SECTION 2: The tax imposed pursuant to section 3.65.030 shall take effect only after the tax
administrator has developed the necessary forms and documents to administer the
tax. The tax administrator shall declare when the tax shall take effect, and give
not less than 15 days notice of the date before the tax may take effect. The tax
administrator's decision as to the effective date of the tax and the type of notice to
provided shall be final and not subject to review.
Ordinance No. 06- a
Page 11
SECTION 3: If any portion of this Chapter is for any reason held invalid or unconstitutional by
a court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the
remaining portions of this ordinance.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor, and posting by the City Recorder.
PASSED: By U r)CLY) '1 MQUIS vote of all Council members present after being read by
number and title only, this ~Q day of--Decp-mLQ_i1 , 2006.
n
Catherine Wheatley, City Record
APPROVED: By Tigard Ci Co it this Iq day ofL , 2006.
Craig r Dirksen, Mayor
Approved as to form:
17
V+
ity Attorney
la . ig , DCQ
Date
Ordinance No. 06- a
Page 12
41
Agenda Item No. 3, d .b MISS
For Agenda of I • a3 c~~7
10
Tigard City Council Meeting Minutes
Date: December 19, 2006
Time: 7 p.m.
Place: Tigard City Hall, 13125 SW Hall Boulevard
Tigard, Oregon
Attending: Mayor Craig Dirksen Presiding
Councilor Sydney Sherwood
Councilor Nick Wilson
Councilor Tom Woodruff
Absent:-- Councilor Sally Harding
Agenda Item Discussion & Comments Action Items follow u
Study Session Mayor Dirksen called the meeting to order at 7 p.m.
Study Session: Senior Planner Nachbar reviewed current and After discussion, Council
City Center upcoming membership vacancies on the CCAC. A consensus was to ask the
Advisory copy of the staff report is on file in the City CCAC to self-select with
Commission Recorder's office. regard to terms, which will
(CCAC) be staggered.
Membership
Vacancies Senior Planner Nachbar
advised he would return to
the City Council with
suggestions for CCAC
appointments as well as for
appointments to the advisory
committee for the
development of the Fanno
Creek Park Master Plan.
Study Session Administrative Items:
• Oregon Department of Transportation (ODOT) Meeting with Mr. Tell of
Region 1 Manager Jason Tell was scheduled to ODOT rescheduled to the
meet this evening with the City Council; City Council meeting of
however, he is unable to attend. January 23, 2007.
• City Council Draft Goals for 2007 - City
Manager Prosser asked City Council members to
review a draft of the City Council goals and
advise him of any changes.
Tigard City Council Minutes - December 19, 2006 l
Agenda Item Discussion & Comments Action Items follow u
• City Council member liaison appointments to the Staff will provide City
City's boards and committees still need to be Council with a list of current
determined. boards and committees.
• Councilor-elect Buehner advised of another
resignation from the Planning Commission as of
December 18. Another advertisement seeking
applicants will be posted.
• City Manager Prosser advised he anticipates Mr.
Jim Long will appear before the City Council
regarding motorists ignoring stop sings at 79`h
and Spruce Street. Mr. Long testified at the
December 12, 2006, Citizen's Communication
agenda item to express his concerns about this
matter. He acknowledged to staff today that
police presence had increased in this area, but he
had also expected to receive a follow-up written
response. City Manager Prosser advised City
Council that he requested Police Chief Dickinson
respond to Mr. Long and his neighbors.
• City Manager Prosser advised that one telephone
call had been received regarding the proposed
ordinance for a motor vehicle fuel tax. The
Oregon Petroleum Association requested the
number of registered voters within the City of
Tigard.
Study Session concluded at 7:19 p.m.
Business 1.1 Mayor Dirksen called the City Council and the
Meeting Local Contract Review Board to Order at 7:31
p.m.
1.2 Council Present: Mayor Dirksen, Councilors
Sherwood, Wilson, and Woodruff.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
• Councilor Sherwood advised she would give a
report on the National League of Cities
Conference at a future City Council meeting.
Tigard City Council Minutes - December 19, 2006 2
Agenda Item Discussion & Comments Action Items follow u
2. Citizen Tigard Area Chamber of Commerce President
Communication Ralph Hughes presented an update on Chamber
activities. He noted the tree lighting ceremony was
held earlier in the month. He referred to a
membership-drive event that will be conducted in
mid January. President Hughes noted the Chamber
plans to become more involved in economic
development and tourism and said they would
appreciate any assistance the City of Tigard might be
able to give.
Kevin Saier, 13911 SW Hillshire Drive, Tigard, OR
requested follow up on an issue brought before the
City Council at a Fifth Tuesday City Council
meeting. Neighbors were objecting to a Municipal
Code interpretation whereby a residential
homeowner could construct a tower or antenna
structure of any height on their residential land. Mr.
Saier distributed information to the City Council,
which is on file in the City Recorder's office.
City Manager Prosser said he would request
Community Development Director Coffee to
contact Mr. Saier. Mr. Prosser said he believed a
director's interpretation/ definition had been
documented, which addresses the concerns with
regard to the height of towers /antennas. (City
Recorder's Note: See Directors Interpretation, dated July 3,
2006, which is on file with the Council packet information
for this meeting.)
Jim Long, 10730 SW 72nd Avenue, Tigard, Oregon
advised he had expected a response regarding his
testimony at the last meeting concerning motorists
disregarding stop signs in his neighborhood. He
noted there are still problems; however, he has
noticed increased law enforcement.
Mr. Long also noted that the Blue Pages in the
telephone book are at risk and questioned whether
there has been a violation of state statutes. He
noted the listings contained in the Blue Pages
include schools, which make these numbers easily
accessible. Councilor Woodruff noted that Mr.
Lon was a leader in establishing the availability of
Tigard City Council Minutes - December 19, 2006 3
Agenda Item Discussion & Comments Action Items follow u
the Blue Pages.
Mayor Dirksen noted typically staff presents a
verbal report at the next Council meeting to follow
up on citizen concerns brought up at the previous
meeting. Staff, when they became aware of Mr.
Long's expectation of a written response, prepared
one. Mayor Dirksen apologized for the
misunderstanding and gave Mr. Long the written
response prepared by Police staff.
Councilor Sherwood noted the lack of resources for
continual monitoring of the stop signs. City
Manager Prosser added that officers can spot check
the area. Mayor Dirksen said that if the traffic
control devices continue to be a problem, then there
will be a need to address the matter.
3. Consent Mayor Dirksen reviewed the Consent Agenda: Motion by Councilor
Agenda Wilson, seconded by
3.1 Approve City Council Minutes: November 21, Councilor Woodruff, to
2006 approve the Consent
3.2 Authorize the Mayor to Sign a Memorandum of Agenda.
Understanding (MOU) with Tualatin Valley Fire
and Rescue (TFV&R) Regarding the Joint The motion was approved
Development of the Walnut Street Fire Station by a unanimous vote of
and the Expansion and Improvement of Jack Council present.
Park
3.3 Approve Budget Amendment #10 to the FY Mayor Dirksen Yes
2006-07 Budget to Accept and Expend a State Councilor Sherwood Yes
Homeland Security Grant for Purchase of 800 Councilor Wilson Yes
MHz Radios - Resolution No. 06-76 Councilor Woodruff Yes
A RESOLUTION APPROVING BUDGET
AMENDMENT #10 TO THE FY 2006-07
BUDGET TO ACCEPT AND EXPEND A
STATE HOMELAND SECURITY GRANT
FOR PURCHASE OF 800 MHZ RADIOS
4. Meeting with TriMet General Manager reviewed progress
TriMet General achieved during 2006 under the Tigard-TriMet
Manager Fred Memorandum of Understanding (MOU) for
Hansen - improving local access and service.
Progress Report
on Third Year Highlights of this review and discussion include the
of the Ti d/ followin :
Tigard City Council Minutes - December 19, 2006 4
Agenda Item Discussion & Comments Action Items follow u
TriMet Mem- • The commuter rail is the next major investment
orandum of for the region.
Understanding • The "P811" equipment finished its work on the
commuter rail track in 28 days. TriMet worked
closely with the communities affected to advertise
road closures. Mayor Dirksen advised he had
heard a few concerns - but only a "very few."
Additional track work will need to be done that
will require road closures again.
• The urban renewal efforts by Tigard will be
important for the commuter rail.
• The station in the Washington Square area will
need pedestrian connections. Mayor Dirksen
suggested Washington Square area businesses
might be willing to contribute to a "people
mover" to encourage people to shop.
• The Tigard rail yard will be upgraded with funds
from a grant from "Connect Oregon." This
project will benefit both the freight and
commuter rails.
• Increased bus service for Tigard area continues to
be delayed; still experiencing the effects of the
"tail end" of the recession. The No. 1 priority is
to enhance frequent bus service for Line No. 76
so there is a bus every 15 minutes all day, every
day. The majority of ridership (569/6) is on
frequent bus service routes.
• Line 38 will be rerouted. Changes are also
planned for service along Barrows Road.
• Additional bus shelters (8) are planned along
Pacific Highway. Also, one bus shelter at Main
and Scoffins has already been constructed.
• Lighting improvements (solar lighting) has been
installed at some locations.
• Mr. Hansen noted Tigard's accomplishments
with regard to sidewalk improvements and that
he was pleased to send letters of support when
Tigard applied for Community Development
Block Grants. Improved sidewalks have
provided better access to bus stops.
• Mr. Hansen advised he serves on the board that
approves regional transportation project funding
in the JPACT process. While he could not write
a support letter for Tigard requests, he indicated
he would be supportive of Tigard transportation
projects.
Tigard City Council Minutes - December 19, 2006 5
Agenda Item Discussion & Comments Action Items follow u
People are becoming more supportive of light rail
throughout the region. Mr. Hansen noted
99W/Barbur might someday be served by light
rail; preliminary discussions have begun.
• The commuter rail is on schedule and should be
operational by September 2008.
• Mr. Hansen advised there has been consideration
of "trails with rails." Obstacles include liability
issues raised by the private freight interests as
well as restrictive right-of-way access
(narrowness).
• In response to a question raised by Councilor
Wilson, Mr. Hansen said legal agreements would
need to be renegotiated to increase the number of
hours of service for the commuter rail - some
freight will be running during the day. The
Oregon Department of Transportation is
interested in exploring additional service areas; at
this time, service to Milwaukie and Keizer is
being discussed.
• Mayor Dirksen noted the beginnings of true
multi-modal transportation, which will take a load
off of the highways.
• Mayor Dirksen said he was glad to hear that
TriMet continues to work on increasing bus
service in Tigard as Tigard is still under-served.
He added he is pleased to continue to work with
TriMet.
• Mr. Hansen said that the 20`h anniversary of Max
occurred last September. The transportation
changes in the region that have taken place in the
last 20 years, usually take 50 years.
• Mayor Dirksen thanked Mr. Hansen for the
letters of support.
5. Meeting with Agenda Item No. 5 was rescheduled to the
Oregon January 23, 2007, City Council meeting.
Department of
Transportation
(ODOT)
Region 1
Manager Jason
Tell
Tigard City Council Minutes - December 19, 2006 6
Agenda Item Discussion & Comments Action Items follow u
6. Amendment Assistant Public Works Director Rager and Motion by Councilor
To Tigard Water Quality Supervisor Goodrich presented Woodruff, seconded by
Municipal Code the staff report. Councilor Sherwood, to table
(FMC) Chapter consideration of the proposed
12.10.100 The proposed ordinance updates Tigard cross connection ordinance to
Regarding the City Municipal Code language on cross connections allow staff more time to
of Tigard's Cross between the drinking water system and prepare a revised proposal
Connection contaminants. The proposed wording comes based on the City Council's
Control Program from the Oregon Administrative Rules, which comments.
clarifies certain language and provides staff with
better enforcement and education tools. The motion was approved by a
unanimous vote of Council
Councilor Wilson noted that, as a landscape present.
architect, he has questions and concerns about
the proposed draft. The backflow device (called Mayor Dirksen Yes
"reduced pressure principle backflow Councilor Sherwood Yes
prevention," aka "R/P device") required in the Councilor Wilson Yes
proposed ordinance would require a freeze- Councilor Woodruff Yes
protection attachment. The R/P device, staff
advised, would be the most effective to prevent
cross connections. The Oregon Administrative
Rules do not require the R/P device (except for
certain hazardous situations); however, it is
recommended. Beaverton and West Linn
require an R/P device for commercial irrigation.
Councilor Wilson said requiring an R/P device
for all commercial and residential irrigation
systems seems impractical and expensive.
Installation of an R/P device is estimated to cost
$100 plus the expense of a freeze protection
attachment. In addition, there is an annually
required test costing about $30-40.
Councilor Wilson observed that the regulator
often only looks at one issue and there is a need
to balance the need for requirements with
associated costs so it does not become an
unnecessary burden to the homeowner. He said
he does not see where there is documentation
that cross connections have occurred causing
major public health concerns. Councilor Wilson
said he would also like to see annual testing
expenses built into the rates. Water Quality
Supervisor Goodrich advised that the devices
Tigard City Council Minutes - December 19, 2006 7
Agenda Item Discussion & Comments Action Items follow u
are owned by the customer and referred to
liability issues associated with staff testing of
these devices. Councilor Wilson commented
that he did not see why this should be viewed
any differently than meter reading, which is done
by staff. City Manager Prosser said additional
staff might be required if staff is used to test the
backflow devices. Councilor Wilson requested
the cost of testing be built into the rates so the
owner does not have to remember to do it.
Councilor Sherwood mentioned that Tualatin
Valley Water District has an automatic
notification process reminding people to test.
Consensus of City Council was to request staff
to review the proposed ordinance to make the
cross connection regulations less onerous.
7. Public Hearing Mayor Dirksen opened the public hearing. Motion by Councilor
to Consider an Sherwood, seconded by
Ordinance City Engineer Duenas introduced this agenda Councilor Wilson, to adopt
Implementing a item. The proposed ordinance would establish a Ordinance No. 06-21.
Gas Tax for three-cent tax on each gallon of motor vehicle
Greenburg/99W/ fuel with the revenue dedicated to the The motion was approved by a
Main Street Greenburg Road/99W/ Main Street intersection unanimous vote of Council
Improvements improvements. The driving force behind these present.
improvements is that the county is in the initial
stages of design for the Hall and 99W Mayor Dirksen Yes
intersection and the improvements to Councilor Sherwood Yes
Greenburg Road would complement those Councilor Wilson Yes
improvements to reap the full benefits of the Councilor Woodruff Yes
intersection improvements at Hall Boulevard.
As long as Greenburg Road and 99W remains a
bottleneck, full benefits of the county's
improvements will not be realized. The
proposed fuel tax is a recommendation from the
Transportation Financing Strategies Task Force
(TFSTF) appointed by the City Council. Mr.
Duenas introduced Gretchen Buehner, the Chair
of the TFSTF. He also advised that the
following members of the TFSTF were also
present: Bev Froude and Ralph Hughes (was at
the meeting earlier, but left).
TFSTF Chair Buehner reviewed the status of
what had occurred over the last two-and-one-
Tigard City Council Minutes - December 19, 2006 8
Agenda Item Discussion & Comments Action Items follow u
half years. The City Council reactivated the
TFSTF to look at options for financing
transportation projects. Gas tax revenues have
been increasing at a rate far lower than inflation
leading to erosion of funds available for
financing of capital projects. In early 2005, after
about nine months of review, the Task Force
decided that a local gas tax was the best option.
Using the very successful Washington County
MSTIP format, the Task Force made a
recommendation to Council to tie the local gas
tax to a specific project or projects. At that
point, the City Council asked the Task Force to
come back to them with a proposal.
Washington County began the preliminary
engineering to improve the Hall and 99W
intersection. After work with the Oregon
Department of Transportation (ODOT) and the
City of Tigard, a joint funding package was
created allowing that project to go ahead. In the
fall of 2005, Council hired an engineering
consulting firm to look at options for
improvements on the Greenburg Road
intersection. A report on those options was
given to the City Council earlier this year. Also,
during the early part of this year, the Task Force
reviewed the consultant's report, looked at
funding estimates, and potential gas tax
revenues. Revenues were estimated to be about
$300,000 per year per one cent of gas tax. The
Task Force determined that the Greenburg Road
project met all of the criteria, which had been
established in previous Task Force discussions.
This would really work out well if it could be
done concurrently with the 99W project because
it would allow the road to be torn up only once
and potentially save the taxpayers some money.
Because Tigard has 14 gas stations, a much
larger number than other parts of the county, a
three-cent gas tax could pay for the project in
approximately five years. The proposal has a
sunset clause that would terminate the gas tax
when the project is paid for.
Tigard City Council Minutes - December 19, 2006 9
Agenda Item Discussion & Comments Action Items follow u
During the summer of 2006, the City did a
citizen survey and congestion on 99W came
back as the No. 1 issue of concern of our
citizens. The Task Force made a
recommendation to City Council in July 2006
and specifically mentioned the time sensitivity
because of the ongoing Hall Street project. A
rapid decision would allow concurrent
construction and save taxpayers significant
dollars.
The City Council directed the Task Force to
meet with gas station owners to get feedback
from the industry. The Task Force met with the
gas station owners twice in September. The
owners are concerned about whether this tax
would put local stations at a disadvantage
competitively with other communities and any
tax should be imposed at a state level. Ms.
Buehner noted that Multnomah County has had
a similar gas tax for at least the last 20 years, so
anyone who is coming down 99W from
Portland is coming from an area that has this
tax.
Another issue that was raised by Task Force
members was a concern about the ability of
getting the state tax increased anytime in the
near future because the gas station owners,
AAA, and the trucking industry have been
unable to come to agreement since 1991. In
addition, the state and/or county gas tax
revenues are allocated on a per capita basis and
because Tigard has such a large number of gas
stations in comparison with its population, it
would get fewer dollars based on a per capita
distribution. For example, we are looking at a
potential $300,000 per one cent of gas tax based
on the stations that we have here in the city as
opposed to getting somewhere between $145 -
170,000 per one cent of gas tax if it was coming
from the county and/or the state.
The gas station owners also raised the issue that
it was unfair to charge them and not other
businesses. The Task Force took that issue
Tigard City Council Minutes - December 19, 2006 10
Agenda Item Discussion & Comments Action Items follow u
seriously and looked at the possibility of
increasing business taxes on all other businesses
in the community. Unfortunately, the potential
amount of revenue that could be raised from
doing this is minimal compared to what would
be realized from gas tax revenues; i.e., $30,000
per year. But, the Task Force was very
concerned about what the gas station owners
were saying in terms of fairness. The Task
Force looked at making sure that if the state or
the county passes an increase in gas tax, that this
would be credited against any tax that the City of
Tigard has; such language has been included in
the proposed ordinance.
Council had concerns about how the citizens of
Tigard feel about a gas tax. At the direction of
City Council, the Task Force held two open
houses in November and the Task Force was
quite surprised that there was relatively little
negative response. Most people understood the
fact that we have serious problems obtaining
revenue. Ms. Buehner said she was quite
surprised at how few people attended these
meetings given the potential importance of the
issue.
At the last study session, the City Council agreed
to hold a hearing on this tax, which is why the
matter is before the Council this evening.
Public Testimony
Opponents
Steve O'Toole, of the Oregon Petroleum
Association, 7070 SW Fir Loop, Tigard, Oregon
97223 and Dave Kimmel, 1335 SW 66`h Avenue,
Suite 201, Portland Oregon 97225 testified.
Mr. O'Toole said that Ms. Buehner covered
many of the areas of concern; however, he said
he would note additional issues. He said his
association has been opposed to local gas taxes
no matter where they have come up. He said
the have been in support of a statewide as tax
Tigard City Council Minutes - December 19, 2006 1 1
Agenda Item Discussion & Comments Action Items follow u
because this would create a "level playing field
all the way across the state." Their concern is
with a number of local gas taxes being proposed
in individual locations. Once some of these are
passed, it makes it an easier situation to say that
they do not need to increase the statewide gas
tax. Mr. O'Toole said that Ms. Buehner was
correct when she said that it has been a number
of years since the last statewide gas tax.
However, there have been a few developments
within the last couple of years that might make a
difference during the upcoming legislative
session. One difference is that the States of
Washington, California and Idaho have
increased their gas taxes. Therefore, there is
room for Oregon to increase the statewide gas
tax.
Mr. O'Toole said his second point is that there
is evidence that there is activity indicating that
the legislators are concerned about this issue.
Mr. O'Toole said his association supports a
statewide gas tax as they agree that there are a lot
of projects that need funding within local
jurisdictions.
Mr. O'Toole said they are not actually opposed
to the project named in the ordinance; however,
they are opposed to the funding source
identified. It is an unfair burden to a number of
the association's members. He said his members
are not "big oil"; they are retailers and a very
small part of the final gas price is decided by
retailers. They have been having a very difficult
time in the last ten years. He referred to
increased competition with "big box" stores. He
also noted a lot of work by the Department of
Environmental Quality (DEQ) imposing
regulations. DEQ, ODOT, Fire Marshall's
office, and Weights and Measures are all asking
for fee increases this year. Mr. O'Toole said
there has been a substantial number of
consolidations and mergers because many of the
dealers can no longer survive. Therefore, for all
of the reasons mentioned above, they are very
concerned about a local s tax. He referred to
Tigard City Council Minutes - December 19, 2006 12
Agenda Item Discussion & Comments Action Items follow u
the competitive nature of the business where
customers will travel to other stations to save a
few cents more. Very little of this tax may be
passed on to the consumer because of the
competitive environment.
Mr. Kimmel said that Cain Petroleum has two
stations in Tigard. One is at Highway 99W and
McDonald and the other is the Chevron station
just before the off-ramp to Highway 217 on
99W. In both cases, these stations are "pretty
much fuel only" so there are limited resources in
terms of other alternatives in terms of producing
income on the property.
Mr. Kimmel said the competition from outside
Tigard would have, essentially, an automatic
three-cent discount. Margins are just not big
enough to remain competitive and they would
lose significant volumes of customers.
Therefore, the projections of the amount of
revenue from the gas tax will be off because
these projections are based on the current
volume of fuel sales. He explained that major
companies no longer discount prices within
zones; all stations buy fuel at exactly the same
price. There is no way of having a competitive
advantage with a three-cent tax to maintain their
sales volumes and they are very concerned their
volumes will drop significantly. He's concerned
that they may be forced to close one or both of
their facilities in Tigard.
Local owners are not making a lot of money
even though gas prices have almost tripled. He
said he believes this concern holds true for all of
the stations within the Tigard area. He noted
Beaverton, Tualatin, Sherwood, and King City
dealers would likely receive more business.
Today, people are a lot more mobile and travel
to other areas for work and will buy gas outside
their local area.
Mr. Kirnmel said that Multnomah County does
have a gas tax and the County is losing stations
and no new stations have been built in the
Tigard City Council Minutes - December 19, 2006 13
Agenda Item Discussion & Comments Action Items follow u
County almost 20 years. This is why Tigard has
more stations per capita than Multnomah
County and the City of Portland. He does not
think people will buy their gas in Tigard to help
support the Greenburg Road improvement
project; rather, they will buy at the facility
offering the cheapest price. The local citizenry
that will be hurt the most by this are those that
do not drive much and who use the
infrastructure the least. Because they stay within
the local area, they will have to pay that tax
more. The other consequence is that citizens
might travel outside the area to purchase gas
because it is cheaper and then do their shopping
outside the region thereby damaging other local
businesses as well.
Mr. Kimmel said they are not against the
transportation improvements. However, he
believes any tax should be implemented on a
statewide basis.
Councilor Sherwood noted that about ten years
ago she was with a group that opposed the
Texaco station on Bull Mountain Road because
it was located in a neighborhood and there was
concern about the congestion it would create at
the location. At that time, gas companies
wanted to locate near where people live. She
said she thinks most people travel to the gas
station closest to home and noted this is what
she does. Mr. O'Toole said that was the
philosophy in the past; however, current studies
indicate that over the last few years as gas prices
have gone up, the main consumer consideration
is now the price of gas. Loyalty to a gas station
used to be a lot stronger than it is today. Mr.
Kimmel agreed with Mr. O'Toole that price is
the major draw for gas customers.
Councilor Sherwood challenged that if
something is not done about the intersections
on 99W, people will not use 99W and, thus, will
go somewhere else to get their gas. Mr. Kimmel
said they would support a statewide tax to put
money back into the communities to work on
Tigard City Council Minutes - December 19, 2006 14
Agenda Item Discussion & Comments Action Items follow u
infrastructure. Councilor Sherwood said if she
thought the legislature would take up this issue,
then this wouldn't be considered by Tigard. Mr.
O'Toole said they have in the past and will in
the future testify in support of a statewide gas
tax.
Phil Yount, 112722 SW Cottonwood, Tigard
OR 97223 referred to the work done by the
citizen group for the last 2-1/2 years that was
recommending the gas tax. As a private citizen,
he agrees with the testimony of Mr. O'Toole and
Mr. Kimmel. He will look for a lower gas price.
He said he notices prices more now than he did
10 or 20 years ago, for which the difference in
price can be up to 15-cents per gallon. He said
most people are price conscious. Mr. Yount
would support a statewide increase or, if it were
possible, to add some to the property tax, where
"I get to complain once a year instead of every
time I fill my tank."
Councilor Sherwood and Mayor Dirksen
indicated that a property tax increase was not a
realistic option. Councilor Sherwood questioned
Mr. Yount about what he would do to improve
the traffic flow and connectivity in the city. Mr.
Yount said he would rather see the City Council
put pressure on the state legislature to get a
three-cent allocation. Councilor Sherwood said
if the state does pass a gas tax, then the local tax
will be discontinued. City Engineer Duenas
explained the amount would be credited since
the one-cent state tax would not be equivalent to
a one-cent local tax. Mayor Dirksen asked that
if the state or county were to raise a gas tax,
would City of Tigard immediately reduce its gas
tax or would it sunset the gas tax sooner. City
Engineer Duenas said the ordinance is written to
sunset after five years, but the amount coming
from the state could be credited to it, which
would lower the tax.
Councilor Sherwood asked Mr. O'Toole if
mergers of stations were occurring primarily
because of a change in regulations relating to
Tigard City Council Minutes - December 19, 2006 15
Agenda Item Discussion & Comments Action Items follow u
storage tanks. Mr. O'Toole said that many of
the tank upgrades occurred in 1998.
Mr. O'Toole suggested a possible solution,
which would be to charge the local businesses
and to spread the burden so that it would cover
everyone within the community. A street utility
fee could be charged to the business community
as well as individuals. This would bring in more
income. The problem is that there are only
about 14 gas stations and the amount of income
the City will receive will not be that substantial
and you are putting an unfair burden on those
gas stations when they cannot pass on the tax.
Councilor Sherwood said one of the reasons she
liked this tax was because the people who are
using the highway are the ones that will be
helping to pay for it. Mr. O'Toole said a lot of
times the users will not pay; rather, it will be the
gasoline dealers who pay. Mr. O'Toole that
gasoline dealers are being charged more by the
refiners than what is being charged to the
consumer - the dealers can't keep up with the
increase in their charges and they also have to be
concerned with the competition. There are only
certain periods during which the dealer will
make much money from gasoline sales; most
gasoline dealers make their money with the
attached stores and car washes.
Mayor Dirksen closed the public hearing.
Council discussion on the proposed ordinance
followed:
Councilor Wilson said transportation congestion
on Highway 99W is the big issue in the City of
Tigard. He said that if he thought this was
entirely a burden on the station owners, he
would vote no. He said he did not discount
what Mr. Kimmel and Mr. O'Toole have said as
he did think that initially there might be some
inability to pass on the tax. However, he said he
thought that the reason there are so many gas
stations in Tigard is the same reason for the
Tigard City Council Minutes - December 19, 2006 16
Agenda Item Discussion & Comments Action Items follow u
congestion and that is because Tigard has major
highways running through it.
Councilor Wilson said Tigard has a street
maintenance fee to take care of local streets,
which should be paid by local residents and
businesses. The gas tax is for maintaining
highways that the City of Tigard is burdened
with and for which the state has been unable to
address the problems over the years. There have
been no significant improvements for 30 years.
In addition, half of the use is from people who
are passing through Tigard. We need to be able
to capture dollars from people who do not live
here and to bear that burden as well.
Councilor Wilson said that people will continue
to buy gas and the likelihood is that they will
purchase it closest to where they live. He said
he did not doubt that some people would go
elsewhere to save a few cents and businesses
might take a short-term hit. In the long run,
things will balance out and, hopefully, at the
state level there will be a gas tax passed soon
that will make this whole thing go away.
Councilor Wilson noted that the bottom line is
that throughout the region people are getting
frustrated with the level of congestion for which
nothing has been done for years. It's time to
move on with this and Councilor Wilson said he
was going to vote yes on the ordinance.
Councilor Sherwood agreed with Councilor
Wilson's comments. This has been studied for
several years and citizens have reviewed the
situation to determine a solution. She said there
is a Tigard street maintenance fee for local
streets. It is time that we quit waiting for the
state to do something about our roads and the
problems in our city and that we do something
on our own. Councilor Sherwood said she was
going to vote yes on the ordinance.
Councilor Woodruff said it's a big responsibility
for an elective body to talk about raisin taxes
Tigard City Council Minutes - December 19, 2006 17
Agenda Item Discussion & Comments Action Items follow u
of any kind and we need to take that very
seriously. He said he was especially concerned
about the testimony that this might place an
unfair burden on just a few people in Tigard
who own the stations; this is certainly not the
intent. Councilor Woodruff the tax is intended
to affect the people who are creating the
problem. The use of those tax dollars is directed
toward a solution to the problem. He said he
believes that is the case here.
Councilor Woodruff said he certainly did not
want to see stations close down. He said that if
gas prices were more understandable to people,
it would be an easier argument. He said he does
not know anyone who understands how gas
prices are determined - they are different at
every station at every locality. Pricing does not
seem logical to the average consumer. The
station owners might not be able pass this on
and it may mean that the bottom line for those
two stations will be adversely affected and he
would not want to see the small stations close
down. He said if there was an opportunity to
see the books and better understand the
operations related to the prices that are paid and
then compare this information a year from now,
that information would be helpful. He
understands this is proprietary information and
it is difficult for station owners to share this;
therefore, it leaves some mystery as to how this
will all work.
Councilor Woodruff pointed out that this is less
than a 1% tax on the current gas prices. No one
likes to pay the price of gas now. Councilor
Woodruff said he wished there was another
option. We all agree that this is a major problem
with the state highway running through town.
Tigard does not have a whole lot of control on
this. We wish that Oregon Department of
Transportation (ODOT) was better able to
provide funding to make the necessary repairs to
reduce the congestion on 99W.
Councilor Woodruff said he thought the citizens
Tigard City Council Minutes - December 19, 2006 18
Agenda Item Discussion & Comments Action Items follow u
of Tigard expect us to do what we can with the
resources for which we have access to make
improvements that are possible on 99W. This
has been researched by not only our citizens
group, but by professionals who believe that this
project would improve the congestion on 99W.
This ordinance was written in a way that will
allow for there to be a reduction if there are
other taxes. Perhaps this will give all of us more
impetus to advocate for a statewide tax. He
agreed it would be better if there was a total
even playing field, but we do not know what will
happen and whether the state will step up. The
longer we wait, the less opportunity there will be
to have the proposed project occur at the same
time other improvements are being made on
Hall Boulevard.
Councilor Woodruff said he was not enthusiastic
about doing this because it is a serious step to
cause people to potentially pay more money for
a product. But, the public has sent a clear
message that they want to see us to do
something about the congestion on 99W.
Councilor Woodruff said that this is the best
option that we have on the table at this point.
Mayor Dirksen said that a sequence of questions
could be asked on this issue with the first
question being, "Is there, in fact, a congestion
problem on our streets that needs to be
addressed?" Our citizens have told us on more
than one occasion that there definitely is a
problem and they are demanding that this be
taken care of This is something that this City
Council needs to address.
The next question is, "Does the money to
alleviate that congestion ...does it already exist -
do we already have it in our revenue stream?"
Mayor Dirksen said he was surprised that there
wasn't at least one person testifying tonight to
say new taxes should not be added because there
is enough money that should be used more
efficiently. There is no extra money to address
this.
Tigard City Council Minutes - December 19, 2006 19
Agenda Item Discussion & Comments Action Items follow u
The final question then is, "Where shall that
money come from?" After deliberation by a
citizen group and discussions with this Council
and others, the conclusion was that the best way
to fund a project to help solve the problem is
through a local gas tax. A gas tax immediately
impacts those who use the roads and not just
our citizens. Logic would indicate that this is the
fairest way to come up with the money for the
project; it is not necessarily perfectly fair, but it
is the fairest way available to us.
Mayor Dirksen said he was not unsympathetic to
the concerns of the gas station owners.
Assuming they could pass all the gas tax on to
the customers, it will still represent an
administrative burden. He said he knows that
having local gas taxes from different
jurisdictions will make life more complicated for
station owners.
Mayor Dirksen said his opinion differs in one
regard to those stated by other City Council
members. It would not be in the best interests
of the City of Tigard if a state or county gas tax
was instituted. He said he is a big proponent of
local control. If the taxes were collected by the
state or county, Tigard would receive $500,000
less per year, which would mean our citizens
would pay the same tax with less return.
Over and over again, the citizens of Tigard, are
seeing their taxes raised by someone else and
then the money goes someplace else to serve
someone else. Mayor Dirksen said he sees the
local gas tax as a way for us to completely
control the collection and the expenditure of this
gas tax money, so that the people who pay it
receive the benefit. For that reason, he said he
personally thinks a local gas tax for the citizens
of Tigard is preferable to a county or a state gas
tax. Recognizing the impact that this would
have on others if we were to impose a local gas
tax and then other gas taxes were imposed as
well, we have crafted provisions into the
Tigard City Council Minutes - December 19, 2006 20
Agenda Item Discussion & Comments Action Items follow u
ordinance so we would not end up taxing our
citizens twice nor would we impose a double
burden on our local businesses. He said he sees
no better way to do this and he would support
the ordinance.
In response to a comment from Councilor
Woodruff, Mayor Dirksen said he would
personally buy gas in the City of Tigard in order
to help pay for the improvements that are
needed. He hoped other citizens who are civic
minded would do the same.
City Council then voted on the proposed
ordinance.
ORDINANCE NO. 06-21 -AN
ORDINANCE CREATING AND
IMPOSING A TAX ON MOTOR VEHICLE
FUEL DEALERS, PROVIDING FOR
ENFORCEMENT, ADMINISTRATION
AND COLLECTION OF THE TAX, AND
AMENDING THE TIGARD MUNICIPAL
CODE BY ADDING A NEW CHAPTER,
3.65.
8. Fourth City Manager Prosser presented the staff report
Quarter Council on this agenda item. A written summary of the
Goal Update status of the City Council goals is on file in the
City Recorder's office.
City Council met in a goal-setting session on
December 11 and identified five major goals.
The City Council is now reviewing a draft of the
proposed goals; final goals are scheduled for
City Council approval at its January 23, 2007,
meeting.
Adjournment The meeting adjourned at 9:43 p.m. Motion by Councilor Wilson,
seconded by Councilor
Woodruff, to adjourn the
meeting.
The motion was approved by a
unanimous vote of Council
Tigard City Council Minutes - December 19, 2006 21
Agenda Item Discussion & Comments Action Items follow u
Present.
Mayor Dirksen Yes
Councilor Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
r
atherine Wheatley, City ecord r
Attest:
Or L
Council) President, City of Tigard
Date: -
Tigard City Council Minutes - December 19, 2006 22
STUDY SESSION AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
December 19, 2006.
13125 SW Hall Boulevard, Tigard, Oregon
Reception Honoring Council President Nick Wilson
for his years of service on City Council.
6-7 PM
7PM
• STUDY SESSION
• City Center Advisory Commission ((CAC) Membership Vacancies
• 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.
• ADMINISTRATIVE ITEMS
o Agenda Item No. 5 - Meeting with Oregon Department of Transportation Region 1 Manager is
rescheduled to the January 23, 2007, City Council Meeting.
Council Calendar
December
25 Christmas. Holiday, City Hall closed.
26 Council meeting cancelled.
January
1 New Years Day Holiday - City Hall closed
9 First meeting of the year: Oaths of office, elect City Council President, State of the City, new photographs,
reception
15 Martin Luther King Jr. Holiday - City Hall closed
16 Workshop Meeting, 6:30 p.m., Town Hall
23 Business Meeting, 6:30 p.m., RRCCR & Town Hall
29 Joint Meeting with Tigard-Tualatin School District Board & Tualatin City Council Members, 6:30 p.m. at
TTSD
30 Fifth Tuesday City Council Meeting
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) - 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.
i:ladmkathy%c ss- pink sheet12006t061212ps.doc
Agenda Item # ~A SS
Meeting Date December 19, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Tide City Center Advisory Commission (CCAC) Membership Vacancies
c~
fiLv-
Prepared By: Phil Nachbar Dept Head Approval: City 1\1gr Approval:
ISSUE BEFORE THE COUNCIL
Information to Council regarding current and upcoming membership vacancies on the CCAC, and new processes for
appointments as outlined in newly adopted by laws.
STAFF RECOMMENDATION
Council should determine the manner in which it wants to select terms for current members of the CCAC
KEY FACTS AND INFORMATION SUMMARY
Section 3 of the CCAC By Laws addresses appointments to the CCAC, and calls for a means of staggering all current
members' terms with three (3) three-year terms, three (3) two-year terms, and three (3) one-year terms. Council needs
to determine what process it wishes to use to stagger the terms of existing members. Council may consider one of the
following options for staggering terms, or at its discretion, provide its own method; 1) assign the longer terms (3-year)
to members with the shortest total time of service on Downtown boards or commissions, and the shorter terms (1-
year) to members with the longest time of service. 2) request the CCAC to "self select" themselves with a preferred
method of staggering in accordance with the By Laws or 3) conduct a lottery.
There will be two (2) vacant positions on the CCAC as of January 1, 2007. Currently, one position is available due to
the resignation of Judy Munro, and a second vacancy will occur as a result of the election of Gretchen Buehner to the
City Council. On October 24, 2006, City Council passed resolution #06-64 adopting new By Laws for the CCAC.
Sections 2 and 3 address composition and appointments. Currently, the composition of the CCAC does not conform
to the newly adopted By Laws. In order to meet the suggested composition in the By Laws, the current Commission
would need to include two (2) Downtown business or property owners, and one (1) member of the Planning
Commission. However, and unless there are other openings, there will be only two (2) available positions in January
2007. These new appointments would be to three-year terms.
OTHER ALTERNATIVES CONSIDERED
N/A.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard Beyond Tomorrow
Volunteerism
#1) City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our
community.
1 a) Keep current volunteer program healthy and active.
ATTACHMENT LIST
Attachment #1: CCAC By Laws
FISCAL NOTES
No cost impact.
BY LAWS OF THE CITY CENTER ADVISORY COMMISSION
SECTION 1. CHARGE AND DUTIES
(a) The City Center Advisory Commission (the "Commission") has the powers
conferred by City Charter, the Tigard Municipal Code, the resolution
approving these by laws, and such other powers as granted by the Tigard City
Council, but shall have no other powers. These by laws are adopted by
resolution of the Tigard City Council, are binding on the Commission, and
may be amended only by the City Council.
(b) It shall be the function of the Commission to act as an advisory body to the
City Center Development Agency (CCDA), the Urban Renewal Agency for
the City of Tigard, or the City Council as appropriate.
(c) The Commission is charged with advising the CCDA on matters pertaining to
Urban Renewal Plan implementation and tax increment fund allocations for
the City Center Urban Renewal District. Recommendations pertaining to
policy, budget, and implementation of urban renewal projects identified within
the Urban Renewal Plan and / or the annually adopted Downtown
Implementation Strategy and Work Program will be made to the CCDA or
City Council as appropriate for consideration, deliberation and action. The
Commission may also provide recommendations with regard to amendments
to the City Center Urban Renewal Plan.
(d) The Commission shall perform other duties as assigned by the CCDA.
(e) The Commission may form subcommittees to investigate areas relevant to its
charge or duties pursuant to this section.
SECTION 2. COMPOSITION
(a) The Commission shall consist of nine (9) members appointed by the City Council
who are residents of Tigard or own businesses or property within the City Center
Urban Renewal District with the following representation if possible:
(1) At least two (2) business owners or property owners whose business or
property is located within the City Center Urban Renewal District;
(2) Five (5) persons who are residents of Tigard and represent a cross-
section of interests in the community at large;
CCAC By-Laws
Page 1
(3) One (1) person residing within or adjacent to the boundaries of the
City Center Urban Renewal District;
(4) One (1) member of the Planning Commission
(5) Two (2) alternates (non-voting) including one (1) at large resident of
Tigard, and one (1) business or property owner from within the City
Center Urban Renewal District
SECTION 3. APPOINTMENTS
(a) Council shall fill vacancies with individuals necessary to meet the
compositional requirements of above.
(b) In addition, Council shall determine a means of staggering appointments of all
current members initially using three (3) three-year terms, three (3) two-year
terms, and three (3) one-year terms.
(c) Appointments shall be made by the City Council with recommendations from
the Mayor.
SECTION 4. TERM OF OFFICE
(a) After the initial staggering of terms for current members as defined in Section
3(b) above, the term of office of all future, appointed members shall be three
(3) years or until their successors are qualified and appointed.
(b) All terms shall begin January 1,t and end December 31 It.
(c) Any vacancy in the Commission shall be filled by appointment by the Council
upon recommendation by the Mayor for the unexpired portion of the term.
The unexpired portion of a term does not count towards the two consecutive
terms limit in Section 4(d).
(d) Members may be reappointed for up to two consecutive three year terms. An
initial one or two year term under Section 3(b) does not count towards the
two consecutive terms limit.
(e) Members of the Commission shall receive no compensation for their services.
CCAC By-Laws
Page 2
SECTION 5. ORGANIZATION OF THE COMMISSION
(a) At its first meeting of the year, and thereafter annually, the Commission shall
elect a Chair and Vice Chair from its members who shall hold office at the
pleasure of the Commission.
(b) If the Chair or Vice Chair should resign, the Commission shall, at it next
meeting, conduct an election and provide a replacement.
(c) The Commission shall meet at least quarterly during a calendar year at a time
and place that is specified at least 5 days in advance.
(d) All meetings shall be conducted in conformance with Public Meeting Law.
(e A record of the Commission's proceedings shall be filed with the city
recorder.
SECTION 6. VOTING
(a) General procedures of the Commission, including voting, shall follow
Robert's Rules of Order.
(b) A majority of votes shall determine the official position of the Commission on
a given issue.
(c) Chair and Vice Chair shall vote on all matters before the Commission.
SECTION 7. COMMISSION MEMBER RESPONSIBILITIES
(a) Members of the Commission shall:
(1) regularly attend Commission meetings and contribute constructively to
discussions,
(2) consider and discuss issues from a Citywide perspective, as well as that
of particular stakeholders or interests,
(3) understand and be able to articulate the Commission's charge,
responsibilities and adopted, annual work program,
(4) strive to reach consensus on matters under consideration,
(5) act with respect and consideration for the viewpoint of others,
CCAC By-Laws
Page 3
(6) review and provide comment on reports, presentations, and
recommended policies or strategies related to Downtown
redevelopment before the Commission, and
(7) vote on motions in front of the Commission, except where reasonable
abstention is necessary.
(b) Commission members may engage in general discussions regarding its charge,
responsibilities or projects within the Urban Renewal Plan or Downtown
Implementation Strategy, but shall not discuss specific real estate projects or
proposals with potential developers or property owners without the
authorization of the CCDA.
(c) In addition, members shall not make representations on behalf of the City of
Tigard or CCDA without authorization.
(d) Members shall not make representations on behalf of the Commission
whether intentional or not, without the authorization of the Commission.
SECTION 8. ATTENDANCE
If a member of the Commission is unable to attend a meeting, he or she is expected to
notify the Chair or Vice Chair. If any member is absent from any six (6), regularly
scheduled meetings within one year or three (3) consecutive meetings without reasonable
cause, the issue shall be placed on the upcoming agenda, and upon majority vote of the
Commission that position shall be declared vacant. The Commission shall forward its
action to the Mayor and Council, who shall fill the vacant position.
SECTION 9. QUORUM
At any meeting of the Commission, a quorum shall be a majority of the current
members of the Commission. No action shall be taken in the absence of a quorum
except that the meeting may continue with discussion on agenda items. For the
purposes of forming a quorum, members who have disqualified or excused themselves
from participation in any matter shall be counted as present.
In the event a quorum will not be present at any meeting, the Chair or Vice Chair shall
notify the Commission members in advance so that a decision may be made whether
to meet and take no action on agenda items or to reschedule to a different time.
CCAC By-Laws
Page 4
SECTION 10. REMOVAL OF MEMBERS
(a) The City Council may remove members of the Commission in accordance with
Section 8 Attendance.
(b) The Council may also remove members at its sole discretion.
(c) The Commission may make a recommendation to Council for the removal of a
member for failure to comply with Section 7 Commission Member
Responsibilities. The Commission shall forward a recommendation for
replacement to the Mayor and Council in a timely manner.
SECTION 11. ANNUAL REPORT OF THE COMMISSION
(a) Not later than December 1 of each year, the Commission shall prepare and file
its Annual Report to the CCDA.
(b) The Annual Report shall include a summary of key activities and proceedings
and any specific suggestions or recommendations which the Commission
believes would assist its mission or the overall goals for the Downtown.
(c) The Annual Report shall not be submitted unless approved by the Commission.
CCAC By-Laws
Page 5
AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: December 19, 2006
(Limited to 2 minutes or less, please)
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.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony become part of the public record. 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
Please Print CONTACTED
Name: Ke✓► y\ -S c ;t% P_ r
~'S
[ouw[i
Uh Ii'V^ 8 kAlso, please spell your name as it sounds, if it will
help the presiding officer pronounce:
dvl reeS► ert+1a1 i~ Early ZQf
Address 13911 :S6/ Wis ~ i re, fir. ~O WQ ir.5 I 'Y\
City -T-!4 0' CA
-T
State C~ -zip 7 2~ 3
Phone No. S 0 3 - SR 0 - 1-7'+S
Name: _-z lnn~ Lt'i CT
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address Cacwrn 41
City
Zz3
State Zip
Phone No.
Name:
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
CITIZEN COMMUNICATION
(council mail councilman Points for Council Meeting
From: Craig Prosser
To: council mail councilmail
Date: Tue, Dec 19, 2006 2:15 PM
Subject: Points for Council Meeting tonight 12/19/06
Two items for tonight:
1. Joanne took a phone call from Mr. Jim Long this morning. Mr. Long and two neighbors appears at
citizen communication last week to complain about stop signs being ignored at 72nd and Spruce. The
following day, I asked the Chief to mention this problem at roll call to alert officers on patrol to address this
situation. Mr. Long acknowledged the increased police presence in the area but is very upset that he did
not receive a written response to his citizen communication comments. He will be at Council tonight to
express his displeasure. I have asked the Chief to write to Mr. Long and his neighbors.
2. This is a reminder of the new seating arrangement that the Council decided to try out tonight during
your December 11 Goal Setting session. Barring last minute changes due to the requirements of
microphones, etc., the seating order will be as follows (starting from stage right - next to the windows):
1. Two vacant seats for staff presenters
2. City Attorney Ramis
3. Vacant seat
4. Councilor Sherwood
5. Councilor Wilson
6. Mayor Dirksen (center seat)
7. Councilor Woodruff
8. Councilor Harding
9. Vacant seat
10. City Recorder Wheatley
11 City Manager Prosser
12. Vacant seat (could be used for staff)
CC: Bill Dickinson; Cathy Wheatley; Dennis Koellermeier; Gus Duenas; Joanne Bengtson;
Liz Newton; Timothy (Tim) Ramis
~ .~OUWM~~T
rQ~x~.~c~.d. tin
06. cApix"
DIRECTOR'S INTERPRETATION,
DATE: July 3, 2006
CODE SECTIONS: 18.120 Definitions
18.510.060 Residential Zones Accessory Structures
TOPIC: What is the distinction between an Addition and an Accessory Structure?
DIRECTOR'S INTERPRETATION:
I. Introduction:
"Accessory buildings or structures,," are permitted in all zones in Tigard. They are
defined in TDC 18.120 as' "a freestanding structure incidental and subordinate to the
main use of property and located on the same lot as the main use."
An issue has arisen over structures that have been permitted to be built in residential
zones without being subject to the limits of 18.510.060.A.1. Building permits were
approved for these structures due to the ambiguity of what constitutes an "accessory
structure" and what constitutes an "addition." These terms need to be clarified.
II. Interpretation:
A structure is considered an "Accessory Structure" and not an "Addition," when it is
"freestanding." A structure is freestanding when it is structurally separated from the
primary or any existing structure and not attached to the primary or any existing
structure. Structures that are connected by breezeways, features made of lattice,
archways, trellises, or other similar architectural features shall not be considered
attached, but be treated as Accessory Structures.
A structure is considered attached, and therefore an "addition," only when it is
structurally dependent on the primary structure.
Signed:
Tom Coffee
Community Development Director
S03-- Set 0 -17' 5
Personal Towers of Unlimited Height
still Allowed in the City of Tigard
r
j
r , 1
:try k' 7 t•;,
Page 1 of 8
December 3, 2006
PROBLEM STATEMENT: There is a hole in the Tigard Municipal Building Code (Title
18) which enables any residential homeowner in the City of Tigard to construct a tower or
antenna structure of unlimited height on their residential land.
REQUESTED ACTION:
1. Amend Section 18.730.020 by removing the words "freestanding and detached".
Section 18.730.020 would then read:
All 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.
2. Entirely remove Section 18.730.020 which enables residents to build structures of
unlimited height on their residential land.
SUMMARY:
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."
Page 2 of 8
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.
A civil claim went to trial on November 29`h regarding the 82' high personal HAM radio
tower-antenna in the High Tor neighborhood. The legal action took nearly a year and cost
residents of Bull Mountain (Tigard and non-Tigard) tens of thousands of dollars. On
November 30`h, the judge ruled in favor of the High Tor CC&Rs and ordered the tower-
antenna removed within 60 days. However, had the High Tor neighborhood not had
CC&Rs, the tower and others like it (of any height) could be allowed to remain indefinitely
in Tigard.
In his deposition the tower owner indicated that his tower could have been a freestanding,
self-supporting tower.
The engineer that did the engineering for the tower installation provided a sworn affidavit
stating:
"It was because of [the tower owner's] request that 1
designed the Trylon to have a bracket attached to it"
"The Trylon [tower], without the bracket, is adequate
to withstand the design loads anticipated"
"I recall that [the tower owner] said that he wanted
to bracket the Trylon to his home"
Trylon, the manufacturer of the High Tor radio tower describes and markets the tower as a
"Free-standing Titan Self-Support" tower. When called, the manufacturer confirmed that
the tower model is a freestanding tower and that it is within that tower's freestanding
capacity to support the antenna load used in the High Tor design.
Page 3 of 8
TRY10
l,.
HOME ABOUT US CASE STUDIES HEWS 09TACT US' ' REQUEST FOR QVOTJE Jo as ~ wick search Qui
Trylon Main Menu " Titan el Support Towers
Lj Stocked Towers j ~fi/
Custom Engineered
Towers Free-standing TitanT" Self-Support Towers need only
saftey Climb/Fall minimal footprint area, and with heights ranging from 16
Protection ft. (4.8 m) to 96 ft. (28.8 m) they offer excellent
flexibility for a wide range of applications. Titan Self
Tower Accessories support towers are stocked by Trylon TSF authorized
LL Antenna Mounts
distributors. Therefore, fast lead times and service are
Turnkey Equipments part of the TitanO package.
Given these facts, one could conclude (and I would argue that one should conclude) that
the High Tor tower owner had the tower-to-house bracket installed expressly for the
purpose of taking advantage of the clause in the Tigard city's code which states "All
freestanding and detached towers... shall have setbacks equal to or greater then the height
of the proposed structure." By attaching the tower to the house with a structurally
insignificant bracket the defendant was able to get a City of Tigard building permit to build
his 85' tower-antenna. If the Tigard code is not amended anyone in the City of Tigard will
be able to do the same thing. This includes building towers or antennas of unlimited height.
REQUESTED ACTION:
1. Amend Section 18.730.020 by removing the words "freestanding and detached".
Section 18.730.020 would then read:
All 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.
2. Entirely remove Section 18.730.020 which enables residents to build structures of
unlimited height on their residential land.
Page 4 of 8
BACKUP MATERIAL:
Bracket running from house to tower. Engineer deemed bracket unnecessary and stated
that the homeowner asked to have the bracket added.
i((F
4
73
r t "
t
i 't t
~ I F .Z
f
i >
X Tl. .
f 1e
S
1.
ttt
`F~• p
Ski
IVA
r.
h" .
Page 5 of 8
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
S i. V 'y1t a.:_s5'.tKty k {ti LfY D Td a
,~i F'~'~~ Isi~s~'~v ~c ` ~f~( s'-„:'~'°`;>~- "'•ti~'s•~`V;~ .u•z y s `z.~
4f ~A
_f' k ;u,'-°«*yc -r~ M At -74
V
IVY,
I.a1Ka' "fie `Y~. 44~. .P 3he>' .$1 \ ~ 4 _ ~ ~ -7
W, V yAd F`v 1 4a `a 1 ~j*~q a.'
Sl ~ ~ a K~
N2111
r
a '
,A, 1 a s p
it 1
F 1 k
41
r( ~ ~ ~r ee~ t ~ L } ~~j .apt ~ t ~ i.
N'
Page 6 of 8
From the North, adjacent neighborhood
a'
E-
' ti
, MY
From the West
AM&
t
F u
,I
Page 7 of 8
I
Agenda Item # 3 °
Meeting Date December 19, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Memorandum of Understanding with Tualatin Valley Fire and Rescue regarding the joint
Development of the Walnut Street Fire Station and the Expansion and Improvement of Jack Park
Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Shall the Council authorize the Mayor to sign a Memorandum of Understanding (MOU) with Tualatin Valley
Fire and Rescue (I'VF&R) regarding the joint development of the Walnut Street fire station and the expansion
and improvement of Jack Park?
STAFF RECOMMENDATION
Approve the MOU.
KEY FACTS AND INFORMATION SUMMARY
■ TVF&R recently purchased property at 12585 SW Walnut Street in Tigard and intends to construct a
new fire station on the site.
■ The purchased property is adjacent to the City's Jack Park.
■ TVF&R anticipates it will not need the entire property for the new fire station and has offered to sell
the remaining property to the City.
■ The City is interested in purchasing the excess property in order to expand and improve Jack Park.
■ The Council reviewed a draft of this MOU at their November 28 meeting.
■ If approved, this MOU will formalize the intent of both the City and TVF&R to work together on the
development of the fire station and the expansion and improvement of Jack Park. Examples of some
joint projects may include:
- access to Jack Park via Walnut Street
- parking
- an enhanced community room for public use
OTHER ALTERNATIVES CONSIDERED
Council could choose to not purchase the property and, therefore, not participate in the joint project.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard City Council, Other Important Goals for 2006
Consider Opportunities for Major Greenspaces Purchases
Tigard Beyond Tomorrow, Urban & Public Services
Goal #2: Open space and greenway areas shall be preserved and protected.
Strategy #1: Acquire and develop parkland.
ATTACHMENT LIST
MOU - Joint Development of the Walnut Street Fire Station and Expansion and Improvement of Jack Park
1. Table 3.8, Residential and Non-Residential Growth-Required New Facility Costs, of the Tigard
Parks and Recreation System Development Charges Methodology Update, dated November 10,
2004
2. Sample Cost Allocation Methods
FISCAL NOTES
Based on System Development Charges methodology, preliminary estimates indicate the property will cost
the City approximately $345,000. Improvements are expected to add another $150,000 to the project. The
City does not expect to make any payments before July 1, 2007, and will budget for the property purchase
and improvements in the '07-'08 fiscal year.
MEMORANDUM OF UNDERSTANDING
between
TUALATIN VALLEY FIRE AND RESCUE
and
THE CITY OF TIGARD
December 5, 2006
JOINT DEVELOPMENT OF THE WALNUT STREET FIRE STATION AND
EXPANSION AND IMPROVEMENT OF JACK PARK
This Memorandum of Understanding (MOU) is entered into between Tualatin Valley Fire
and Rescue, hereinafter referred to as "TVF&R," and the City of Tigard, hereinafter referred
to as "Tigard."
A. PURPOSE
The purpose of this MOU is to put in writing the parties' understanding as to the
responsibilities related to the joint development of TVF&R's Walnut Street Fire Station and
the expansion and improvement of Tigard's Jack Park. The parties recognize that the
transaction will require further documentation and approvals, including the preparation and
approval of formal agreements; nevertheless, they execute this letter to evidence their
intention to proceed in mutual good faith to complete work required to negotiate terms of an
agreement that are consistent with this MOU.
B. RECITALS
1. In June of 2006, TVF&R purchased land, (tax lot 2S104AD04500), located at 12585 SW
Walnut Street in Tigard. TVF&R intends to build a new fire station on the site.
2. With regard to the Walnut Street parcel, TVF&R currently estimates that
approximately .75 acres of developable land and 1.2 acres of open space will not be
needed for the new fire station project.
3. Tigard's Jack Park abuts the TVF&R property to the north and Tigard is interested in
participating in TVF&R's project and ultimately purchasing the surplus real property
to expand Jack_ Park, provide public access to the park via Walnut Street, and to
construct park improvements such as a parking area and park signage.
TVF&R/Tigard MOU 12/5/06
Joint Development of the Walnut Street Fire Station
and Expansion and Improvement of Jack Park Page 1 of 6
C. UNDERSTANDINGS
1. Joint Project
The parties anticipate TVF&R will develop the fire station and be responsible for costs
associated with the fire station and Tigard will develop the park and be responsible for
costs associated with the park. The parties also contemplate there will be shared
amenities and improvements, possibly including shared parking and driveways, and
the parties will share the costs of shared improvements according to anticipated usage
of those improvements. As detailed below, the parties also contemplate an expanded
community room in the fire station that will be available for use by Tigard.
2. Purchase of Surplus Land
TVF&R agrees to sell any developable land and open space surplus property at the
new Walnut Street property to Tigard. Tigard agrees to purchase both the surplus
developable land and open space provided the property facilitates access between Jack
Park and Walnut Street and is sizeable enough to provide public benefit in the form of
improved park facilities and/or access.
3. Purchase Price
TVF&R and Tigard agree the surplus land will be sold/purchased for $130,000 per acre
for greenways and $250,000 per acre for developable land. These figures are based on
Table 3.8, Residential and Non-Residential Growth-Required New Facility Costs,
(Attachment 1), of the Tigard Parks and Recreation System Development Charges
Methodology Update, dated November 10, 2004.
4. Planning
TVF&R and Tigard will work cooperatively to partition the property and to file a
joint land use application for the fire station and park expansion/improvements.
TVF&R will provide Tigard with a deed to the surplus property following the
partition approval and recording of the partition plat. Nothing in this MOU
commits the City in its role as a land use decision-maker to approve any application
for development approval or land division.
TVF&R/Tigard MOU 12/5/06
Joint Development of the Walnut Street Fire Station
and Expansion and Improvement of Jack Park Page 2 of 6
5. Cost Estimate
Prior to construction, TVF&R will furnish Tigard with a cost estimate, detailing
Tigard's proportionate share of the project costs attributable to shared facilities or
improvements. Tigard will have no responsibility to pay unless and until Tigard agrees
to the project and costs proposed by TVF&R.
6. Other Costs
TVF&R and Tigard agree to share costs for the land use consultant and landscape
architect. Landscape architect costs and land use consultant's costs shall be
apportioned based on anticipated use by each party of the facilities that are included
within the joint application or plans. Examples of possible cost apportionment are
attached as Attachment 2.
Tigard will pay for all public improvements conditioned solely on the park
expansion/improvements and TVF&R will pay for all public improvements
conditioned solely on construction of the fire station. Public Improvements related to
both the park and the fire station, such the parking area, will be shared
proportionately based on the estimated use of the improvement. Public improvements
based on frontage or area will be based on the frontage or area owned by each party.
TVF&R and Tigard will share in funding an enhanced community room which will be
owned and managed by'TVF&R and can be used by Tigard, at no cost and subject to
availability, for city-sponsored meetings, community events and recreational activities.
Enhancing the room means the community room will be larger and offer more
amenities than a typical community room at other TVF&R facilities.
7. Payments
TVF&R will be the paying agency for both parties on any part of the project that is
not solely related to park expansion and/or improvements. Prior to construction,
TVF&R and Tigard will develop a mutually agreeable payment process and schedule.
8. Project Management
TVF&R agrees to manage the project and will work cooperatively with Tigard to
provide access and updates to Tigard.
TVF&R/Tigard MOU 12/5/06
Joint Development of the Walnut Street Fire Station
and Expansion and Improvement of Jack Park Page 3 of 6
D. MODIFICATION
Modifications to this MOU will be made by the mutual written consent of both parties.
E. TERMINATION
Either party may terminate this MOU by providing notice of termination.
F. COMMENCEMENVEXPIRATION DATE
This MOU is executed as of the date of the last signature and is effective through December
31, 2008, at which time it will expire unless extended by the mutual written consent of both
parties.
G. PRINCIPAL CONTACTS
The principal contacts for the MOU are:
Gary Wells Dennis Koellermeier
Director of Logistics Public Works Director
Tualatin Valley Fire & Rescue City of Tigard
20665 SW Blanton Street 13125 SW Hall Blvd.
Aloha OR 97007 Tigard OR 97223
gary.wells@tvfr.com dennis@tigard-or.gov
503.642.0331 - Phone 503.639.4171 x2596 - Phone
503.642.9655 - Fax 503.684.8840 - Fax
H. PARTIES TO THIS AGREEMENT
This MOU is executed by authorized representatives of the parties as evidenced by their
representative's signatures on the attached signature pages. The parties understand that this
MOU sets forth the intent of the parties only, and may not be relied on as the basis for a
contract by estoppel or the basis for a claim based on detrimental reliance or any other theory
to enter into such developmental agreements.
TVF&R/Tigard MOU 12/5/06
Joint Development of the Walnut Street Fire Station
and Expansion and Improvement of Jack Park Page 4 of 6
Tualatin Valley Fire & Rescue:
Signature:
Title:
Date:
TVF&R/Tigard MOU 12/5/06
Joint Development of the Walnut Street Fire Station
and Expansion and Improvement of Jack Park Page 5 of 6
City of Tigard:
Signature:
Title:
Date:
TVF&R/Tigard MOU 12/5/2006
Joint Development of the Walnut Street Fire Station
and Expansion and Improvement of Jack Park Page 6 of 6
Attachment 1
There are deficiencies in the number of acres of Neighborhood Parks, Community Parks, and
Greenways; and in the miles of Trails available to serve current residents and employees.
Improvement fee SDC revenues must be used only for growth needs, and may not be used to
remedy deficiencies. Alternative non-SDC revenues must be used to repair deficiencies.
E. New Facility Costs
The SDC Parks Capacity Improvements Program (PCIP), included as Appendix A, identifies
new facilities needed to serve parks and recreation needs of the City through the year 2008.
Table 3.8, below, shows a breakout of residential and non-residential share of costs for these
new facilities. Because employees need fewer facilities than those required for a resident, the
residential share of growth costs is 88.1% of the total for those facilities that benefit both
residential and non-residential development (i.e., community parks, linear parks, etc.), and 100%
for those facilities that benefit residential development only (e.g., neighborhood parks).
TABLE 3.8
RESIDENTIAL AND NON-RESIDENTIAL
GROWTH-REQUIRED NEW FACILITY COSTS
Cost
Per Total New New Facility Residential Non-Residential
Facili Unit Facility Costs Growth Costs Growth Costs Growth Costs
Neighborhood Parks (acres)* $410,000 $8,503,400 $1,472,310 $1,472,310 $ 0
Community Parks (acres)** 440,000 8,800,000 4,769,600 4,202,018 567,582
Greenways (acres)*** 130,000 6,175,000 2,527,200 2,226,463 300,737
Linear Parks (acres)# 230,000 639,400 639,400 563,311 76,089
Trails (miles)## 520,000 2,657.200 603.200 531.419 71.781
Totals $26,775,000 $10,011,710 $8,995,521 $1,016,189
Percentage of Growth Costs 89.8% 10.2%
* Neighborhood Parks are considered to benefit residential population only; cost per unit is based on land at
$250,000 per acre and development at $160,000 per acre. Land cost estimate is based on a review of recent similar
acquisitions by the cities of Sherwood, Tigard, Tualatin and Hillsboro, and by the Tualatin Hills Park & Recreation
District. Development cost assumes that approximately $10,000 per acre in costs will be donated through tree
mitigation.
Community Parks cost is based on $250,000 per acre for acquisition and $190,000 for development. Land cost
estimate is based on a review of recent acquisitions in the cities of Sherwood, Tigard, Tualatin and Hillsboro, and by
the Tualatin Hills Park & Recreation District. Development cost assumes that approximately $10,000 per acre in
costs will be donated through tree mitigation.
Greenways cost of $130,000 per acre is based on a review of recent similar acquisitions in the cities of
Sherwood, Tigard, Tualatin and Hillsboro, and by the Tualatin Hills Park & Recreation District. Greenways cost
assumes that approximately $10,000 per acre in costs will be donated through tree mitigation.
# Linear Parks cost is based on $140,000 per acres for acquisition and $90,000 per acre for development.
Development cost assumes that approximately $10,000 per acre in costs will be donated through tree mitigation.
Trails costs include land acquisition at approximately $70,000 per mile (1/2 acre per mile), and development at
$450,000 per mile. Land cost estimate is based on a review of recent similar acquisitions in the cities of Sherwood,
Tigard, Tualatin and Hillsboro, and by the Tualatin Hills Park & Recreation District.
Don Ganer & Associates, Inc. I 1 REVISED DRAFT as of 11/10/04
Attachment 2
SAMPLE COST ALLOCATION METHODS
Project costs, including landscape architect and land use consultant costs are based on ownership
and anticipated use beach party.
Possible examples:
1. The landscape architect provides a landscape plan and related services for one acre of
property. TVF&R owns and will have exclusive use of % acre, Tigard owns and will have
exclusive use of'/ acre. The remaining'/ acre is landscaping associated with the parking lot
that would be owned by TVF&R but will be used equally by both parties. TVF&R would be
responsible for 5/8 of the cost (all of the costs for the area of its exclusive use, and '/2 the costs of
the shared use area), and Tigard would be responsible for 3/8 of the cost. Note that shared use
will not always be 50/50.
2. The land use consultant assists TVF&R with the fire station property but not the park
property, with the fire station property including a parking area that will be used by the City for
park parking and an expanded community room. The following sets out a possible scenario:
Fire Station Buildings - 75 percent of total effort
Community Room 10 percent of Fire Station Buildings (7.5% of total)
City Share - 2/3 of Community Room (5% of total)
Parking Lot, Exterior - 25 percent of total effort
City share 40% of Parking Lot and other exterior use (10% of total)
City's total share - 15 percent.
Note that all these numbers and shares are hypothetical
TVF&R/Tigard MOU 12/4/2006
Joint Development of the Walnut Street Fire Station
and Expansion and Improvement of Jack Park Page 1 of 1
Agenda Item #
Meeting Date December 19, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title A Resolution Approving Budget Amendment #10 to the FY 2006-07 Budget to Accept and
Expend a State Homeland Security Grant for purchase of 800 MHz Radios.
Prepared By: Michelle Wareing Dept Head Approval: 4"i City Mgr Approval: l'
ISSUE BEFORE THE COUNCIL
Shall the City Council approve Budget Amendment #10 to recognize the State Homeland Security Grant revenue and
increase appropriations in the Public Works Department budget for expenditure of the grant funds for the purchase of
800 MHz radios to be used in the Emergency Operations Center.
STAFF RECOMMENDATION
Staff recommends approval of Budget Amendment #10.
KEY FACTS AND INFORMATION SUMMARY
In early 2006, Public Works staff submitted, via the Police Department, a grant request to the State Homeland Security
Grant Program for the purchase of 800 MHz hand held radios. These radios would be stored in the City's Emergency
Operations Center resource area and would be available for both Public Works and Police staff to use during
emergency and non-emergency events. These radios would provide staff the ability to be in contact with each other
and with surrounding jurisdictions.
When the original grant awards were made, Tigard was notified that it would not be receiving any grant revenues.
Therefore, staff did not include the revenue nor the expense in the FY 2006-07 budget. At the end of the grant session,
the State Homeland Grant Program conducts a process on all unused awarded money. After this review, the State
Homeland Grant Program notified Tigard that it could now award $22,225 to the Public Works Department for
purchase of seven (7) 800 MHz hand held radios, seven (7) spare heavy-duty, long life batteries, and a bank charger.
This budget amendment officially recognizes the grant revenues of $22,225 and increases appropriations in the Public
Works Administration Division, Public Works Department by the same amount.
OTHER ALTERNATIVES CONSIDERED
Do not approve Budget Amendment #10.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
N/A
ATTACHMENT LIST
Resolution including Attachment A.
Memo from Mike Lueck to Dennis Koellermeier.
FISCAL NOTES
This resolution increases grant revenues in the General Fund by $22,225 and increases appropriations in the Public
Works Department Budget by the same amount.
MEMORANDUM
4~ U
TO: Dennis Koellermeier, Public Works Director
FROM: Mike Lueck, Emergency Management Coordinator
RE: Budget Amendment
DATE: November 9, 2006
The following is an explanation of background for a budget amendment request to the FY
06-07 budget. Annually, Tigard Police and Tigard Public Works request federal grant
monies to fund shortfalls in equipment and training requirements. During the FY 06-07
grant request cycle, Public Works requested $51,400 for 800 mhz hand held radios through
the State Homeland Security Grant Program (SHSGP) via the Tigard Police Department's
application. Prior to the application being submitted to the state, it was reviewed by the City
Manager. The $51,400 was originally included in the FY 06/07 revenue projections and the,
expenditure was included in the Public Works Administration proposed budget.
When the original grant awards were made, neither Tigard Police not Public Works were
successful. At that point, Public Works removed the grant revenue and corresponding
expenditure from the proposed budget.
At the end of each grant session a reprogramming process is conducted for all unused
awarded money. Though the reprogramming process, Public Works was successful in
receiving a portion of its original request, equaling $22,225. With this grant Public Works
will purchase seven (7) Motorola MTS 200 Model II Smart Zone 800 mhz hand held radios,
seven (7) spare heavy-duty, long life batteries and a bank charger.
Public Works pursued the grant money to improve interoperability between our inter-city
emergency first responder departments as well as with the surrounding jurisdictions. The
radios purchased will be maintained in the Emergency Operations Center (EOC) resource
storage area, fully charged and ready should we need them for an emergency or non-
emergency activity.
Public Works is requesting to amend the FY 06/07 budget to reflect this grant revenue and
the corresponding expenditure. We would like to request that revenue in the amount of
$22,225 be appropriated to account 100-0000-404000 and expenditures in the amount of
$22,225 be appropriated to account 100-2110-611002.
Agenda Item #
Meeting Date 12-19-06
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Ti ard-TriMet Memo of Understanding Third Year Pro ess Re ort
Prepared By: Duane Roberts Dept Head Approval: City _X4gr Approval:
ISSUE BEFORE THE COUNCIL
In his third annual appearance TriMet General Manager, Fred Hansen, will update Council on progress achieved during
2006 under the Tigard-TriMet Memorandum of Understanding (MOU) for improving local transit access and service.
STAFF RECOMMENDATION
Staff Recommends Council discuss with Mr. Hansen any local transit-related issues of concern.
KEY FACTS AND INFORMATION SUMMARY
In 2004, the City entered into a multi-year Memorandum of Understanding with TriMet that calls for the City and
agency to work together to increase transit ridership in Tigard. The agreement sets out that this goal is to be achieved
through local service and capital improvements. Service improvements include expanding the number and frequency of
bus lines, as well as realigning existing bus routes to improve service coverage. Capital improvements include infilling
sidewalks to improve pedestrian access to bus stops, as well as expanding the number of bus shelters and benches.
A report summarizing the results of City and TriMet coordinated efforts to enhance local transit access and service
during 2006 is attached (Attachment No. 2).
As noted, TriMet General Manager Fred Hansen is scheduled to participate in the meeting.
OTHER ALTERNATIVES CONSIDERED
-N/A
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Transportation and Traffic, Goal No. 3, "Alternative modes of transportation are available and use is maximized."
ATTACHMENT LIST
Attachment 1: Tigard-TriMet Memorandum of Understanding
Attachment 2: Tigard-TriMet MOU Annual Progress Report, 2006
FISCAL NOTES
No fiscal impact
I:ALRP1.N\CUltl1Ci1 Nlatcrials\2006\12-19-06 AIS T6NIct iv10U.doc
ATTACHMENT 1
MEMORANDUM OF UNDERSTANDING
DEVELOPMENT OF TIGARD ACCESS PLAN
PLANNING
Dated: October 7, 2004
Among: The Tri-County Metropolitan Transportation District of Oregon, a mass transit
district organized under the laws of the State of Oregon ("TriMet')
And: The City of Tigard, a municipal corporation organized under the laws of the State
of Oregon ("Tigard")
RECITALS
A. TriMet owns and operates a public mass transit system serving the Portland
metropolitan area including a rail system operating from the City of Gresham to the City of
Hillsboro. Together with Washington County, TriMet is currently planning to construct the
Wilsonville to Beaverton Commuter Rail Project ("Commuter Rail"), a 14.7-mile commuter rail
line between Beaverton Transit Center and Wilsonville.
' B. Development of Commuter Rail in the Highway 217 corridor provides TriMet
and Tigard with a unique opportunity to cooperatively achieve their common goals in the Tigard
area (the "Area").
C. TriMet and Tigard are committed to developing a Tigard access plan (the "Access
Plan") to provide for a comprehensive process that will capitalize on the regional efforts
surrounding Commuter Rail, in order to improve access, leverage public and private investments,
and enhance and promote mobility options in the Area.
D. This Memorandum of Understanding is intended to document the understandings
of TriMet and Tigard with respect to development of the Access Plan.
UNDERSTANDINGS
1. Development of Access Plan/Planning Coordination of Projects. It is
understood that TriMet and Tigard will meet regularly to develop the Access Plan which efforts
shall entail coordination by the parties in planning for projects related to improving access to
public transit in the Corridor. The particular projects selected for planning to be included in the
Access Plan shall be subject to the mutual agreement of the parties. Types of projects to be
included in the Access Plan may include, but not necessarily be limited to:
■ Bus stop improvements
■ Transit preferential improvements for buses
■ Pedestrian access improvements
■ Bike access improvements
■ Public Information (maps, etc.)
In addition to development of the Access Plan, a final report prepared by the parties will identify
longer term projects.
2. _Changes to Bus Routes: It is understood that TriMet will examine and may
implement changes to bus routes in order to improve access to public transit in the Area.
3. Community Outreach: It is understood that, in order to involve community
members in all aspects related to the Access Plan, TriMet and the City will develop and
implement a community outreach strategy targeted toward the diverse community and business
members that comprise the Corridor.
4. General Provisions:
a. Term: This Memorandum of Understanding shall be in effect from
December 1,2004 through the opening of Commuter Rail, and may be extended by mutual
agreement of the parties hereto. .
b. Withdrawal: Either party may withdraw from this Memorandum of
Understanding, without penalty or liability of any nature, by providing the other party to this
Memorandum of Understanding with ninety (90Ydays prior written *notice of its intent to do so. '
C. Independent Contractors, No Agency: In connection with this
Memorandum of Understanding, each party is an independent contractor for all purposes and
will have no authority to bind or commit the other.
d. No Third Party Beneficiaries: TriMet and Tigard are the only parties to
this Memorandum of Understanding, and as such are the only parties entitled to enforce its
terms. Nothing in this Memorandum of Understanding gives or shall be construed to give or
provide any benefit, direct, indirect or otherwise, to any third party unless such third party is
expressly described by name in a modification or amendment to the Memorandum of
Understanding, and such third party is intended by the parties hereto to be a beneficiary of such
modification or amendment to this Memorandum of Understanding.
e. Notices: All notices and communications under this Memorandum of
Understanding shall be directed to the representatives designated below:
For Tri-Met: Tom Mills
Tri-Met
4012 SE 17'h Avenue
Portland, Oregon 97202
(503) 962-4883
For Tigard: Duane Roberts
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
503-639-4171 ext 2444
Any notices or communications hereunder shall be in writing and deemed effective if deposited
in U.S. Mail (Certified return receipt), hand delivered, or transmitted by facsimile with
successful confirmation.
f. Integration: This MOU contains the entire agreement between the parties
as to the subject matter of this MOU and the parties have no obligations except as expressly
stated herein. Any waiver, consent, modification, amendment or change to the terms of this
MOU must be in writing and signed by the authorized representatives of each party to be
effective and binding.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding
effective for the dates noted herein.
TRI-COUNTY METROPOLITAN CITY OF TIGARD
TRANSPORTATION DISTRICT OF
OREGON (TRIlVIET)
By: QA,(~ By:
Fred Hansen Craig D' en
General Manager Mayor
iArpn/drfrriMd.M0U.11-04
DRAFT #5
Tigard Local Area Plan
9/17/03
Introduction
This plan responds to Tigard City Council concerns regarding Local TriMet service
and executes the Tigard Local Area Plan of TriMet's Transit Investment Plan. It
coordinates transit service with capital improvements and builds on the addition
of Commuter Rail to gain noticeable enhancements to the total transit system.
Goals
o Improve access to transit
o Maximize transit ridership
o Improve local coverage
Guiding Principles
o Improve transit options for current and potential riders
o Connect neighboring cities
o Coordinate public/private investments to improve transit riding experience
o Incorporate Tigard TSP Key Strategy Priorities:
' 1. Commuter Rail (the Local Area Plan will look at connecting commuter
rail to the community with bus service, pedestrians and bikes)
2. (tie) Provide more frequent service, more hours of day
2. (tie) Express routes to regional employment centers
2. (tie) Transit amenities (bus shelters, real time information, etc.)
5. (tie) Provide access to employment areas
5. (tie) Provide more local transit service
7. Provide access to commercial areas
8. Provide park and ride lots
9. Provide access to activity and service centers
Scope
1. Fixed-Route Analysis
o Commuter rail connections (emphasis areas around Washington Square
and Downtown)
o Local Service Action Plan
2. Capital Improvements
o Pedestrian connections for ADA accessibility and safety
o Pedestrian and bike connections
o Customer amenities such as shelters and waiting areas
1 Tigard Local Area Draft Work Plan TriMet, October 23, 2006
3. Customer Information
o Signage to transit and major destinations
o Information at stops including maps and transit tracker
4. Elderly and Disabled
o Connections to transit and to destinations
o Travel Training
5. Job Access
o Low Income Housing Areas
o Employer pass programs
o Employer shuttles/va n pool shuttles
o Employer site pedestrian access to transit
6. Community Outreach
o On-Board
o Bus stop postings
o Neighborhood Meetings/Events
o Business/Community Newsletters
o Website
o Comment Line
o Fact sheets/Rider alerts/Press releases }
o Advertising
o Cable TV
o Employers/Tigard Area Chamber of Commerce
Timeline/ Process
Summer '03-Winter '03
o Develop work plan
o Develop MOU
o Review existing plans
o Develop working group
o Develop technical analysis
o Working session with Tigard City Council
Winter `03/'04-Spring `04
o Define stakeholders
o Listen to the Community
o Define Alternatives
o Define Markets
o Identify long list of potential TriMet and City capital improvements
2 Tigard Local Area Draft Work Plan TriMet, October 23, 2006
Spring `04-Winter `04/'05
o Work with community/riders
o Develop information for decision-making (analyze alternatives)
o Narrow capital improvement list - define TriMet and City budgets for
FY'06
o Tigard City Council update
Winter `04/'05 - Spring `05
o Work with community
o Narrow bus service alternatives
o Prioritize capital list
Spring `05 - Summer `05
o Begin some capital improvements
o Present bus service proposals to community for commuter rail start-up,
Spring `07
Summer `05 - Fall `05
o Outreach on proposed bus service
o Continue capital improvement developments
o Develop marketing/safety strategies
' Fall '05 - Spring `06
o Implement marketing strategies
o Continue capital improvements
o Finalize projects to be included in FY'06/07 budgets
Spring '07 - Summer `07
o Production of Final Report - Coordinate with other plans such as City's
Capital Improvement Plan and TriMet's TIP
o Presentation to Council
o Implement marketing strategies
o Continue capital improvements
o Implement bus changes
o Begin Commuter Rail Operations
Planning Area - Add Map
3 Tigard Local Area Draft Work Plan TriMet, October 23, 2006
ATTACHMENT 2
Y'
Tigard-TriMet MOU Annual Progress Report, 2006
This report recaps progress achieved during the past year under the City of Tigard's 2004
MOU with TriMet to improve transit ridership in the City. Tigard continues to be the only
service-area jurisdiction to have such an agreement with the transit agency. The MOU
makes Tigard a focus for transit investments.
Commuter Rail
The Washington County Commuter Rail is Tigard's top priority (TSP) for transit
improvements. The Tigard Transit Center is one of five stations along its route. The
Tigard station will have 120 Park and Ride spaces and connect with five TriMet bus
lines. The transit project is the first commuter rail in Oregon and one of the few
suburban-to-suburban commuter rail projects in the nation. The line will use self-
propelled diesel trains to carry passengers between Beaverton, Tigard, Tualatin, and
Wilsonville.
In late October, a ground breaking ceremony, attended by both Oregon US Senators, among
many other VIPs, was held at the Tigard Transit Center. According the US Deputy
Transportation Secretary, who spoke at the ceremony, Commuter Rail "puts the metro area
on the leading edge of commuter transportation in the United States."
The first phase of Commuter Rail construction, completed in November, involved the
removal and installation of track, ties, and ballast along the existing 14-mile line between
Beaverton and Wilsonville. The second phase of construction, beginning in 2007, will
include intersection and rail station construction, installation of a modern signal system, and
the construction of secondary tracks to allow Commuter Rail and freight trains to pass one
another. The launch date for service is September 2008.
In addition to the new Downtown rail station and new transit option available for local
residents, two other Commuter Rail components are of significance to Tigard.
Wlasbington Square Station:
While this station is to be located in the City of Beaverton, Commuter Rail will provide
access to the Washington Square Mall within the City of Tigard. The Washington Square
Station will be served by Line 76 - Beaverton/Tualatin and Line 78 - Beaverton/Lake
Oswego, a Tier I priority for frequent service in the TriMet Transit Investment Plan. The
Hall Blvd. location was selected over the earlier Scholls Ferry Rd. location, given its better
bus and pedestrian connections to more destinations. TriMet has pledged to continue to
partner with both Beaverton and Tigard to plan the station area and, in particular, to develop
a safe and convenient pedestrian connection from the regional center mall, across HWY 217
to the commuter rail station and on to the Nimbus/Cascade office district.
Portland and Weslem Railroad lmbrovements:
Portland and Western Railroad received $2.9 million in funding for Tigard Rail Yard
improvements from the 2006 Connect Oregon program established by the State of Oregon
legislature. This project will benefit both commerce and passenger travel along this rail line.
1
As part of the Region 1 Advisory Committee, TriMet joined in supporting this allocation of
funds.
Rail with Trail
As a very preliminary suggestion, the City has asked TriMet to explore the idea of allowing
bike/ped access on all, or segments of, the Commuter Rail service road currently being
installed within rail corridor. The service road is intended to be unpaved, but a portion
potentially could be converted to a paved trail. Rail with Trail is a well-established trail
development strategy. Opportunities to integrate the design of a trail sometime in the future
should be explored.
Bus Service
Priority service improvements are the same as last year and are listed below. All are revenue
dependent and are on hold until funding can be identified. Illustrative of the funding
problem faced by the agency is that in the 12-month period ending in April, Tri-Met reduced
hours in which buses and trains were in service by 4 per cent. As another part of the picture,
in TriMet's 2007 Transit Investment Plan Fred Hansen points out that we will not be
able to expand service this year because of the continued slow down in the economy. In
addition, the high cost of diesel fuel is stretching our already limited resources."
The picture regarding local service improvements is not entirely bleak, however. In addition
to Commuter Rail startup, three Tigard-specific service improvements are included in the
TriMet Transit Investment Plan. Their inclusion is important because it represents an agency
commitment to provide the needed improvements whenever the revenue picture improves
and financial resources are available. .
1. Frequent Service on Line 76 between Beaverton-Tigard-Tualatin, including potential
routing on Hall Boulevard north of Pacific Highway. This is planned to be the next
Frequent Service Line. The proposed service would provide a direct connection
between Tigard and the Kruse Way employment areas. Line 78 would continue to
serve Greenburg Road should Line 76 be rerouted to Hall.
2. Local connections by rerouting Line 38 along Meadows and SW Bonita Road to the
Tigard Transit Center and extending another line to cover SW 72n' Avenue and
Sequoia Parkway. The Line 38 improvement can happen without increasing costs to
operate the route; however SW 72"" Avenue would lose service. Extending another
line between SW 72"`' Avenue and the Tigard Transit Center would increase the
operating costs.
3. Service to the Barrows Road area. This would require an extension of an existing
Line (potentially Line 92) and a corresponding increase in operating costs. The
provision of this service is tied to the proposed extension of Murray Boulevard from
Scholls Ferry to Barrows Road. Significantly, this long-planned road project recently
has transitioned to design and construction. The impetus for this transition was the
land use decision making the extension of Murray Boulevard a condition of approval
for the Progress Quarry Regional Center development. Funding is proposed as a
public-private partnership, with ODOT contributing approximately $1 million for
2
Bus Stop Improvements
The following bus stop improvements were accomplished or initiated in 2006.
1. A bus shelter was installed on Main and Scoffins westbound. This stop accounts for
an average of 383 weekly boarding rides. This and the other shelter on Main will be
removed when new, streetscape designed shelters are installed.
2. TriMet is working with ODOT to receive permits to install four shelters along
Pacific Highway:
a. Pacific Highway and Royal Villa Dr. - 427 weekly boarding rides
b. Pacific Highway and Royalty Parkway - 335 weekly boarding rides
c. Pacific Highway and 64`h - 305 weekly boarding rides
d. 11619 Pacific Highway - 161 weekly boarding rides
3. TriMet installed solar lighting in nine shelters along Pacific Highway and one on
Main St.:
a. Pacific Highway and Durham (NB) - 725 weekly boarding rides
b. Pacific Highway and 74`h - 718 weekly boarding rides
c. Main and Pacific Highway - 707 weekly boarding rides
d. Pacific Highway and McDonald - 630 weekly boarding rides
e. Pacific Highway and Walnut - 570 weekly boarding rides
f. Pacific Highway and Durham (SB) - 505 weekly boarding rides
g. Pacific Highway and Hall - 452 weekly boarding rides
h. Pacific Highway and 72"`' (EB) - 345 weekly boarding rides
i. Pacific Highway and 72"a (WB) - 292 weekly boarding rides
Sidewalk Improvements
During 2006, the City focused sidewalk improvement work in the following areas:
1. Tigard completed an $80,000 sidewalk and bus stop improvement for Line 76 on
Hall Boulevard at Bonita Road southbound.
2. Tigard is applying for $250,000 in grant funding for a new sidewalk and retaining
wall for the northbound bus stop at the Hall/Bonita intersection. TriMet intends to
install a shelter once the site improvements have been made. TriMet provided a
letter in support of the grant funding signed by Fred Hansen. Within the letter, Mr.
Hansen comments that "TriMet is a partner in this project and will coordinate with
the City of Tigard on site design requirements and install a bus shelter and other
amenities at the new bus stop. We have had a very positive experience working with
the City during the last few years and know that Tigard will handle the grant and
implementation process professionally and efficiently."
3. Tigard is building 900 feet of sidewalk improvements that will connect Line 12 -
Barbur Boulevard with a residential area on Hall Blvd. TriMet provided an
endorsement letter for a $136,725 federal Community Development Block Grant.
3
4
The bid process took place in late 2006. Project completion is scheduled for early
2007.
4. The 2006-09 ODOT Statewide Capital Improvement Plan identifies $654,000 for
sidewalk infill along both sides of HWY 99 from the eastern City limits to
Canterbury Lane. A draft project prospectus was completed in 2006. Construction
is scheduled to begin in 2007.
5. A few years ago Tigard was awarded $92,000 in Community Development Block
Grant (CDBG) funds to build a sidewalk on one side of Commercial St. The
sidewalk construction requires the acquisition of a "sliver" of land that TriMet
recently acquired from Union Pacific Railroad for the Commuter Rail Project. The
additional land is needed in order to bypass the HWY 99 overpass bridge piers. The
former railway owner had set a high asking price for the needed land. As the new
landowner, TriMet is in the process of reviewing the issue and determining the best
means of getting the City the needed access, either through an easement or license
agreement.
6. Tigard has applied for $250,000 in 2007 CDBG funds to build sidewalks on both
sides of Garrett Street, connecting to Line 12 on Pacific Highway. TriMet provided
a support letter for a previous application for the same improvements, which was
included as part of the new application.
7. The City is studying the possibility of building a retaining wall at Pacific Highway and
Bull Mountain Road. The retaining wall will prevent mudflows from an adjacent hill.
The stop is across the street from a shared use park and ride. According to the
Engineering Division, which is studying the retaining wall, no final conclusion has
been reached regarding the cost of wall or the project's inclusion in the City's CIP.
8. TriMet and Tigard continue to collaborate to identify and prioritize sidewalk infill,
shelter, bench, trashcan, and solar lighting needs near transit stops. The criteria used
in this effort include transit stops near senior and disabled facilities and schools.
Planning for Barbur / 99W "High Capacity Transit"
The Barbur/HWY 99W corridor is classified in the 2000 Regional Transportation Plan
(RTP) as a Rapid Bus corridor and in TriMet's Transit Investment Plan as "High Capacity
Transit". The corridor has not been studied to determine the transit mode, alignment, or
station location. At the same time, in 2006 TriMet did advance this project somewhat by
completing a very preliminary alignment assessment.
MTIP Request for Redevelopment of the Tigard Transit Center
In June, the City submitted an MTIP application to fund a two-part study of the Tigard
Transit Center. The study will address long-term transit development needs in the
Downtown including future high capacity transit in the Pacific Highway/HWY 99W
corridor. The funding request is for $160,000 to be matched with $100,000 of City of Tigard
funds.
4
1
t
The first part of the study would assess operations and circulation at the transit center for
both buses and pedestrians and would consider what further improvements might be needed
to integrate bus operations with commuter rail. The second part of the study will prepare a
master plan that will address pedestrian improvements, integration with adjacent
redevelopment and open space, and opportunities for new development adjacent to, or as
part of, the transit center. A revitalized transit center is intended to spur Downtown
redevelopment.
5
7 Cc
A7JC"VAZX-~
Agenda Item #
Meeting Date Decemb 19 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Meeting with Oregon Department of Transportation Region 1 Manager, Jason Tell
Prepared By: A.P. Duenas Dept Head Okay G City Mgr 0
I LA rw G
ISSUE BEFORE THE COUNCIL
Initial meeting with the Oregon Department of Transportation (ODOT) Region 1 Manager, Jason Tell, to discuss
various issues of importance to both the City of Tigard and ODOT.
STAFF RECOMMENDATION
That Council establish a continuing dialogue with Mr. Tell, similar to the regular meetings with now ODOT
Director Matthew Garrett, with the intent of facilitating the close coordination and partnership with ODOT needed
to implement key projects aimed at improving traffic circulation on Highway 99W, Hall Boulevard, and on other
arterials and collectors within the City.
KEY FACTS AND INFORMATION SUMMARY
This is the initial meeting with the new Region 1 Manager, Jason Tell. The meetings with the Region 1
Manager are part of an effort to establish a closer working relationship with ODOT staff, to share information
of significance, and to help resolve issues that may need direction from top management in ODOT. Council met
with the previous Region 1 Manager, Matthew Garrett (now ODOT Director), every six months or so for
discussion of current and potential issues. Council wishes to establish a similar continuing dialogue with Mr.
Tell.
Some of the issues of significance for discussion at this meeting are:
• The Highway 99W Corridor Improvement and Management Plan preparation is underway and should be
completed by June 30, 2007. The Plan is expected to produce a package of projects for future
implementation, and some land use recommendations to help improve circulation for all modes of travel.
Funding will be needed to design and construct these projects. In addition, ODOT support will be needed to
effect land use changes aimed at improving access to adjacent properties and achieving congestion relief on
the highway. The City will be looking to partner with ODOT in funding some of these improvements. The
discussion of ODOT participation in implementing these improvements needs to begin early in the process
and must be continued as projects are identified and prioritized.
• The City is currently considering a local gas tax to provide funding for the improvements to the Greenburg
Road/Highway 99W/Main Street intersection. If the local gas tax is approved and implemented, ODOT
support and cooperation will be essential to the timely implementation of that project in conjunction with
the Hall Blvd/Highway 99W intersection improvements. The Region 1 Manager can help greatly in
ensuring that issues are resolved promptly during this process.
• ODOT, Washington County, and the City began exploratory discussions (initiated and led by ODOT staff)
in January 2006 regarding conditions under which jurisdiction for Hall Boulevard could be transferred to
either the City or the County. After the initial discussions, nothing has happened regarding the potential
transfer. There is a general understanding that Hall Boulevard will have to be significantly improved before
the City would consider accepting jurisdiction for that street. However, if ODOT is still pursuing transfer of
Hall Boulevard, the City is receptive to continuing those discussions so that the conditions for the transfer
of the street can be clearly defined.
The commitment by Mr. Garrett to periodically meet with Council demonstrated his willingness to be proactive
in discussing and resolving current and potential issues in a timely manner. Council wishes to establish that
same close relationship with Mr. Tell. This close coordination between ODOT and the City will continue to
receive strong emphasis as improvement projects are initiated to alleviate congestion on highways and arterials
(such as Highway 99W and Hall Boulevard) that are under ODOT jurisdiction but adversely impact intra-city
circulation, and as the types of improvements needed to effect a transfer of Hall Boulevard are more clearly
understood.
OTHER ALTERNATIVES CONSIDERED
None
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Major projects to improve state facilities in the City support the Tigard Beyond Tomorrow goal of Improve Traffic Flow
and Improve Traffic Safety. The planned improvements to the Hall Blvd/Highway 99W intersection and the proposed
improvements to the Greenburg Road/Highway 99W/Main Street intersection support the Council Goal to Improve
99W1 Corridor.
ATTACHMENT LIST
None
FISCAL NOTES
No fiscal requirements at this time. Projects initiated and implemented would be funded through the City's Community
Investment Program formulation process. The Hall Blvd/Highway 99W intersection project is funded in the amount of
$4.9 million in the County's MSTIP 3 program, with a maximum additional contribution from ODOT of $750,000 to
supplement the project shortfall and enable the project to meet ODOT requirements prior to construction. The current
estimate range for the Greenburg Road/Highway 99W intersection improvements is $3.5 to $4.0 million. A 3-cent local
gas tax is expected to raise $4.5 to 5.0 million over a 5 year period. This revenue should be sufficient to fund the project.
W,englgus\council agenda summaries\12-19.08 meeting with Jason tell, oregon department of transportation region 1 manager.doc
Agenda Item # 6
Meeting Date December 19, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title An Ordinance Amending Chapter 12.10.110 of the Tigard Municipal Code CD4Q)
Regarding the City's Cross Connection Control Program
Prepared By: Dennis Koellermeier Dept Head Approval: 4-1~c ity Mgr Approval:
ISSUE BEFORE THE COUNCIL
Shall the Council approve the proposed changes to Chapter 12.10.110 of the TMC regarding the City's Cross
Connection Control Program?
STAFF RECOMMENDATION
Adopt the ordinance.
KEY FACTS AND INFORMATION SUMMARY
• A cross connection refers to an actual or potential link between the drinking water system and
contaminants, such as chemicals, bacteria, pesticides, or waste water. Since cross connections can pose a
significant health hazard, such connections are strictly regulated by the state and the City.
• The City's current Cross Connection Control Program, detailed in Chapter 12.10.110 of the TMC, is
outdated.
• The proposed cross connection updates will:
- Bring the TMC in line with changes in state administrative rules.
- Clarify certain language
- Provide staff with better enforcement tools, particularly regarding the annual testing of devices
designed to control cross connections.
OTHER ALTERNATIVES CONSIDERED
The Council could choose not to adopt the ordinance.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
None
ATTACHMENT LIST
Proposed Ordinance
Attachment A: TMC Chapter 12.10.110 (Strike-through text is deleted; underlined text is added.)
FISCAL NOTES
There are no costs associated with the adoption of this ordinance.
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 06-
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 12.10.110
REGARDING THE CITY'S CROSS CONNECTION CONTROL PROGRAM
WHEREAS, it is necessary to protect the water supply from contamination or pollution from
potential cross connections; and
WHEREAS, the City is obligated to regulate cross connections for the benefit and protection of
the public health; and
WHEREAS, the Tigard Municipal Code pertaining to the City's Cross Connection Control
Program is outdated; and
WHEREAS, the following cross connection updates will bring the Tigard Municipal Code in line with
state administrative rules, clarify certain language, and provide staff with better enforcement tools.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 12.10.110 of the Tigard Municipal Code is amended as shown in
Attachment A to this ordinance. (Strike-through text is deleted; underlined
text is added.)
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor, and posting by the City Recorder.
PASSED: By vote of all Council members present after being read
by number and title only, this day of , 2006.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of )2006.
ORDINANCE No. 06-
Page 1
Craig Dirksen, Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 06-
Page 2
Note:
Strike-through text is Attachment A
deleted; underlined text is TIGARD MUNICIPAL CODE
added.
12.10.110 Cross Connection Control D. A property owner must notify the City if
Program. they make any changes to existing plumbing that
allows the addition of any chemical or substance
The purpose of this section is to protect the into the premises water system.
water supply of the City from contamination or
pollution from potential cross connections; and to E. No approved backflow prevention
assure that approved backflow prevention assembly or device shall be disabled, removed,
assemblies or devices are tested and/or inspected relocated, or substituted without the written
annually as follows: approval of the City.
A. The installation or maintenance of any F. All commercial, multi-family, industrial,
cross connection which would endanger the water and institutional properties, regardless of size,
supply of the City is prohibited. Any such cross shall have an approved reduced pressure principle
connection now existing or hereafter installed is backflow prevention assembly (RP) on the
hereby declared unlawful and shall be rectified as property owner's side of the water meter,
directed by the City or its authorized
representative(s). G. Except as otherwise provided in this
subsection, all irrigation systems shall have an
B. The control or elimination of cross approved backflow prevention assembly or
connections shall be in accordance with the device. Irrigation system backflow prevention
regulations of Oregon Department of Human assemblies installed before the effective date of
Services and the Oregon Plumbing Specialty this ordinance, which were approved at the time
Code. The policies, procedures, and criteria for of installation, shall be permitted to remain in
determining appropriate levels of protection shall service provided the assemblies are not moved or
be in accordance with the Accepted Procedure and modified and are properly maintained. The
Practice in Cross Connection Control Manual, assemblies must be tested at least annually and
American Water Works Association, Pacific perform satisfactorily under Oregon Department
Northwest Section, current edition (OR Admin. of Human Services testing procedures.
Rules, Ch. 333-061.0070).
H. Any installation, corrective measure,
C. The property owner to whom City water disconnection, or other change to a backflow
is provided shall install, in accordance with Citv prevention assembly shall be performed at the
standards, an approved backflow prevention sole expense of the property owner. All costs or
assembly on the premises where any of the expenses for any correction or modification to the
following circumstances exist: City's water system caused by or resulting from
contamination from a cross connection shall be
1. Those circumstances identified in the responsibility of the property owner.
regulations adopted under subsection (B) of this
section; I. Any backflow prevention assemblies
2. Where there is a fire protection which are installed for the protection of the City
system, an irrigation system, or a non-residential water supply shall be tested at the time of
service connection; installation. All backflow prevention assemblies
3. Where unique conditions exist. must also be tested annually, or immediately after
Some examples include: extreme terrain, pipe being repaired or relocated. The property owner
elevation changes, or structures greater than three shall forward the results of such testing to the City
stories in height. within ten (10) days of the date of installation,
annual testing, repair, or relocation.
12-10-1 Code Update: 10102
TIGARD MUNICIPAL CODE
J. If the City has not received the result of
a test required under subsection (B) or subsection
(I) of this section within thirty (30) dys of the
required date, the City may order a test and shall
charge the cost of the test to the property owner.
K. If a property owner fails to repair a
faulty backflow prevention assembly within ten
(10) days of a test showing the assembly is not
operating properly, the City may order the repair
of the assembly and shall charge the cost of the
repair to the property owner.
L. The City may discontinue water service
to any premises for non-payment, in accordance
with Tigard Municipal Code Chapter 12.03.030.
M. Water service to any premises shall be
contingent upon the property owner providing
cross connection control in a manner approved by
the City.
N. Authorized City employees, with
proper identification, shall have free access, at
reasonable hours of the day, to those parts of a
premises or within buildings to which water is
supplied. Water service may be refused or
terminated to any premises for failure to allow
necessary inspections.
0. These requirements must be strictly
observed as a matter of public health and to
prevent any possible contamination of the water
system. (Ord. 93-34)
12-10-2 Code Update: 10102
Agenda Item #
Meeting Date December 19, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title An Ordinance to Establish a Local Fuel Tax to Provide Funding for Improvements to the
Greenburg Road/Highway 99W/Main Street Intersection
Prepared By: A. . uenas Dept Head Okay City Mgr Okay
ISSUE BEFORE THE COUNCIL
Council will consider a proposed ordinance to establish a local fuel tax as the funding source for improvements to the
Greenburg Road/Highway 99W/Main Street intersection. Council will conduct a public hearing to hear public
testimony on the proposed ordinance as part of this process.
STAFF RECOMMENDATION
That Council consider the ordinance for adoption taking into account public input through the public process
conducted by the Transportation Financing Strategies Task Force and the public testimony at this meeting.
KEY FACTS AND INFORMATION SUMMARY
The Transportation Financing Strategies Task Force recommended establishment of a 3-cent local gas tax as a new
funding source to design and construct improvements to the Greenburg Road/Highway 99W/Main Street Intersection.
The improvements to the Hall Boulevard/Highway 99W intersection (funded through Washington County's MSTIP 3)
will not be fully effective in improving circulation and relieving traffic congestion as long as the bottleneck at the
Greenburg Road intersection remains. A corresponding improvement to the Greenburg Road intersection is needed to
complement the Hall/99W project and improve traffic circulation across and along Highway 99W north of the viaduct
to the Highway 217 interchange.
Council requested that the Task Force conduct a public process to obtain input from the gas station dealers and to hear
from the general public prior to submission of the proposed ordinance for consideration. To comply with Council's
request, the Task Force met with representatives of the gas station dealers on August 28, 2006 and conducted two open
houses. The first open house on November 9, 2006 was attended by about 12 citizens (including the Oregon Petroleum
Association representative) and the second open house on November 30, 2006 was attended by 6 citizens.
Some of the concerns expressed at the meetings include the following:
• Are the gas station dealers able to pass on the local tax to the consumers? The gas station dealers will not
release any supporting information, but indicated that it would be difficult for them to pass on the
increase. A point was made that Multnomah County has had a 3-cent gas tax for many years and no one
has been complaining about not being able to pass on the tax to the consumers. The gas prices north of
Tigard in the City of Portland are typically higher than the highest prices in the City, ranging from 2 to 9
cents more per gallon. The gas prices within the City have a price variance of up to 4 cents per gallon.
• A local gas tax is more equitable than a property tax increase in that users of Highway 99W and other
major streets in the City will help pay for the improvements to the Greenburg Road/Highway 99W
intersection. A local bond issue would tax only the local residents to pay for fixing a problem that is
regional in nature.
• Is the City short-sighted in considering only this one project? People will support bigger solutions. There
are many other problems along the Highway 99W corridor-the local gas tax should be established for a
20-year period and should be used to issue bonds for more projects as time goes on. The Highway 99W
Corridor Improvement and Management Plan will provide a list of high-priority projects for
consideration.
• The Oregon Petroleum Association representative expressed a strong preference for a statewide gas tax
increase versus local gas tax implementation by various jurisdictions. He admitted that a statewide increase
would be difficult to achieve but should be the pursued as a preferred alternative to a local gas tax. The
Task Force challenged the association and the gas station dealers to strongly support a statewide increase.
The proposed ordinance originally submitted to Council at the meeting on September 19, 2006 has been revised to
reflect some of the input received during the public process. The following are some of the key points in the attached
revised ordinance:
• The ordinance establishes the local fuel tax at a rate of 3 cents per gallon
• The local fuel tax ordinance is modeled after the State law for the State motor vehicle fuel tax
• The revenue from the proposed 3-cent tax will be totally dedicated to the Greenburg Road/Highway
99W/Main Street intersection improvement project
• The ordinance includes a 5-year sunset clause
• The ordinance also includes provisions for reduction of the tax if the State gas tax is increased, or if
Washington County increases its current 1-cent gas tax. Because the City has a disproportionate number
of service stations within the City limits, the credit to the local tax for State or County revenue from any
fuel tax increases will be based on amount of revenue received from either or both sources during the
period the local tax is in effect.
OTHER ALTERNATIVES CONSIDERED
Do not consider a local fuel tax at this time.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Traffic circulation improvements at the Greenburg Road/Highway 99W/Main Street intersection address the Council
Goal to "Improve 99W Corridor." These improvements also support the Tigard Beyond Tomorrow Transportation
and Traffic goals of "Improve Traffic Flow" and "Improve Traffic Safety." The establishment of the local gas tax
would meet the Tigard Beyond Tomorrow Transportation and Traffic goal of "Identify and Develop Funding
Resources."
ATTACHMENT LIST
Proposed Motor Vehicle Fuel Tax Ordinance
FISCAL NOTES
A 3-cent local fuel tax is expected to produce revenue of approximately $900,000 to $1,000,000 annually. The
improvements to the Greenburg Road/Highway 99W/Main Street intersection are estimated at $3.5 to $4.0 million.
Anticipated revenues of $4.5 to $5.0 million over a 5-year period would be sufficient to fund the project. Depending
upon the timing of the various phases of the project, the funding could be made available as needed through revenue
bonds with repayment of that debt from the fuel tax revenues each year.
iAeng\gus\council agenda summaries\12.1908 proposed ordinance to establish a local fuel Umdoc
AGENDA ITEM No. 7 Date: December 19, 2006
PUBLIC HEARING TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
PUBLIC HEARING TO CONSIDER IMPLEMENTING A GAS TAX FOR
GREENBURG/99W/MAIN STREET IMPROVEMENT -
AND ADD CHAPTER 3.65 TO THE TIGARD MUNICIPAL CODE
The proposed ordinance
• establishes a local fuel tax at the rate of 3 cents per gallon
• follows similarprocedures in state law for state motor vehicle fuel tax
• states that revenue from this tax would be totally dedicated to the Greenburg Road/Highway 99W/Main Street
Intersection improvementpro
jects
• contains a rive-year sunset clause
• provides for a reduction of the tax if the state gas tax is increased or if Washington County increases its current 1
cent per gallon gas tax.
• states that because the City has a disproportionate number ofservice stations within City limits, the credit to the local
tax for state or county revenue from any fuel tax increases will be based on the amount of revenue received from
either or both sources during the period the local tax is in effect.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written
and oral testimony become part of the public record. 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.
Due to Time Constraints City Council May Impose A Time Limit on Testimony
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony
become part of the public record. 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.
Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral
NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE
Please Print Please Print Please Print
Name: Name: Si V6 oq Name:
Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if
will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer
pronounce:
Address Address
City City i Address
oadV
State Zip State O Zip City
Phone No. Phone No. State Zip
Phone No.
Name: Name-M A 'J e- k/rv % ry-% AA Name:
Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if,
will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer
l all n pronounce:
Address Address 13) S 5- 49 (P ?'0 542
City city 0 r4~ ri d Address
CL7
Z Z 5-, City
State Zip State 0 (L Zip
Phone No. Phone No. State Zip
Phone No.
AGENDA ITEM NO.7
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony
become part of the public record. 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.
Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral
NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE
Please Print / Please Print Please Print
Name: Name: y0aw 74- Name:
Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if
will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce:
Yo17t
Address Address //Z2 Z 51W O Address
City city / City
State Zip State pWoT' Zip Z State Zip
Phone No. Phone No. ~b Phone No.
Name: Name: Name:
Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if
will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce:
Address Address Address
City City City
State Zip State Zip State Zip
Phone No. Phone No. Phone No.
Agenda Item #
Meeting Date December 19, 2006
COUNCIL AGENDA ITEM SUMMARY
City of Tigard, Oregon
Issue/Agenda Title FOURTH QUARTER COUNCIL GOAL UPDATE
Prepared By .----Joanne Ben on qi'-~Dept Head Okay G~ City Mgr Okay C
ISSUE BEFORE THE COUNCIL AND KEY FACTS
Progress report on the Council goals for the 4' and final quarter of 2006.
STAFF RECOMMENDATION
Review the update.
KEY FACTS AND INFORMATION SUMMARY
Attached are brief summaries of the progress made on the goals developed by Council in January 2006.
OTHER ALTERNATIVES CONSIDERED
N/A
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Goals are identified throughout the document.
ATTACHMENT LIST
1- Fourth Quarter Goal Update Report
FISCAL NOTES
N/A
2006 Final Goal Update
1. Revise City of Tigard Comprehensive Plan
• Complete draft by year end
'41hQuarter Update:
-
• A meeting with the Vision Task Force was held on November 30 to transition their past work
to the Com rehensive Plan u date
3"' Quarter Update:
• Cityscape article series continues
• Webpage updated
• Electronic NewsList update sent monthly
• Twice-monthly meetings held with Planning Commission
• Phase II: Inventory/data collection continues
o Environmental Quality topic completed
o Community - housing, economy - draft report completed
o Natural Resources draft report completed
o Public Facilities, Transportation to take place this fall
2"a Quarter Update:
• Cityscape article series continues
• Webpage updated
• Electronic NewsUst established; electronic news update sent monthly
• Monthly meetings held with the Planning Commission
• Phase I completed
o Community Attitudes Survey completed in June; results presented to Council on June 20 and
27
o Issues and Values summary presented to Council July 18
Phase II: Inventory/data collection continues
o Environmental Quality, Natural Resources data to be completed in summer
o Community; Public Facilities and Services topics begun
o Internal Team established to coordinate efforts, data between departments
15C Quarter Update:
A Senior Planner was hired in January to develop and lead the work program. The work program was
reviewed by City Council and Planning Commission in February; Planning Commission is the project Steering
Committee. The Public Involvement structure was reviewed by the Committee for Citizen Involvement and
Planning Commission in February and March.
Project launches (Phase I) in April:
• Cityscape article series starts
• Data collection on current conditions begins in April
• Define Issues and Values
1. Review of previous surveys and Tigard Beyond Tomorrow
2. Proposals solicited for Community Attitudes Survey consultant; selection and contract to be
finalized; survey occurs April-May.
Council Goal Update 7
2. Implement Downtown Plan
• Implement catalyst projects including improvements to Burnham Street and
identify & purchase land for a Downtown public gathering place.
4th uarter Update:
Fanno Creek Public Area
The Fanno Creek Master Plan for the area between Hall Blvd. & Main Street was sent out for proposal
in December.
3"' Quarter Update:
Tigard Downtown Implementation Strategy
• The Strategy was adopted by City Council on August 8t'-. It addresses implementation of the
Downtown Plan including the catalyst projects and contains three (3) key strategies, thirty (30)
supporting strategies, provides a 3-Year Action Plan, and 1-Year Work Program.
• Benchmarks. The Downtown Implementation Strategy will be updated and adopted by Council
annually. Adoption of the annual work program which is part of the Strategy provides endorsement
and direction of Staff work for the upcoming fiscal year.
Streetscape Enhancement Program
• The Streetscape Plan, which is a catalyst project, was adopted by City Council on September 26`h
Conceptual design for key downtown streets, gateways and public spaces will be incorporated into final
design documents as appropriate.
• Benchmarks. The contract has been completed and the documents reviewed and adopted by Council.
Hall Boulevard Downtown Gateway
• OTAK, Inc. has begun work to identify right-of-way (ROW) for a potential gateway at Hall Blvd. /
99W. The project has been postponed due to cost impact concerns. The City will continue its
involvement in potential gateway improvements, and incorporate public involvement as necessary.
• Benchmarks. Specific design of a gateway and pedestrian improvements is anticipated for December '06.
Burnham St Improvements
• A contract with OTAK, Inc. was finalized and final engineering drawings for Burnham Street have
been started.
• The CIP Budget has provided for engineering, ROW, and construction for Burnham Street over the
next two fiscal years.
• Benchmarks. Engineering design and ROW acquisition will occur during FY 06-07, and construction FY
07-08.
Fanno Creek Public Area
• Negotiations for purchase of floodplain properties in the area of the proposed public gathering place
continue. The City is working with two property owners to acquire properties.
• Benchmarks Anticipated completion of negotiations: March 2007.
• A Master Plan for Fanno Creek Park has been scheduled for FY 06-07. Funding has been identified
and the project has been included in the CIP budget for the fiscal year.
• Benchmarks. Completion of a Master Plan for Fanno Creek Park and the proposed Public Area is
anticipated for June 30, '07.
2nd Quarter Update:
Tigard Downtown Implementation Strategy
• The Strategy addresses implementation of the Downtown Plan, its catalyst projects, and provides a three-
year Action Plan and a one-year Work Program. A near-final version of the Downtown Implementation
Strategy was completed, and reviewed by the CCAC, Executive Staff, Planning Staff, and City Council.
.Benchmarks The Strategy has been endorsed by the CCAC and is recommended for approval by Council
(CCDA) on July 11.
Streetscape Enhancement Program
Council Goal Update 2
• Concept designs for Burnham Street, Main Street, and Commercial Street West have been completed.
Conceptual design work has been endorsed by the Streetscape Working Group and presented to the City
Council. A final report is due August '06.
.Benchmarks: Contract executed December '05. Contract to be completed: August '06.
Hall Boulevard Downtown Gateway
• OTAK, Inc. has begun work to identify right of way for a potential gateway at Hall Boulevard/99W.
.Benchmarks: Specific design of gateway and pedestrian improvements is anticipated for December '06.
Burnham Street Improvements
• The Community Investment Program Budget has provided for engineering, right-of-way, and construction
for Burnham Street over the next two fiscal years.
.Benchmarks: Engineering design and right-of-way acquisition will occur FY 06-07 and construction FY 07-
08.
• The concept design for Burnham Street has been completed by OTAK, Inc. and accepted by the
Streetscape Working Group and City Council.
Benchmark.r. Began - December '05. Completion - April '06. Adoption of a final report is anticipated
August '06.
Fanno Creek Public Area
• Negotiations for purchase of floodplain properties in the area of the proposed public gathering place
continue. It is anticipated that the City will be successful in purchasing the Steven's Marine floodplain
property and has arranged for property appraisal.
Benchmarks: Anticipated completion of negotiations January 2007
• A Master Plan for Fanno Creek Park has been scheduled for FY 06-07. Funding has been identified and
the project has been included in the Community Investment Program budget for the fiscal year.
.Benchmarks. Completion of a Master Plan for Fanno Creek Park and the proposed Public Area is
anticipated for June 30, 2007.
1" Quarter Update:
Streetscape Enhancement Program
• Solicited RFP and entered into contract with OTAK, Inc. for a Comprehensive Streetscape Design
contract.
• Coordinated design and public involvement process for Streetscape Design in the Downtown
(ongoing until completion July '06)
.Benchmarks. Contract executed December '05. Contract to be completed: July '06.
Hall Boulevard Downtown Gateway
• Identified opportunity to provide design input with Washington County for the Hall Blvd/99W
Intersection.
• Amended Streetscape Contract to have OTAK, Inc. assist the City in identifying design
modification including pedestrian improvements, landscaping and a potential Gateway.
Benchmarks: Contract executed: March '06. Anticipated completion: November '06.
Burnham St Improvements
• Development of a Downtown Implementation Strategy to prioritize Catalyst Project, CIP Projects,
and actions to undertake redevelopment.
Benchmarks. Began Strategy: January '06. Completed (draft): March 15. Anticipated review by
CCAC and City Council: April '06.
• Prioritize work with Streetscape Consultant (OTAK, Inc.) to identify design options and build
consensus for Burnham Street.
Benchmarks Began: December '05. Anticipated completion time: April '06.
• Identify funding sources and design/construction schedule for Burnham Street for FY 06-07
Capital Improvement Project (CIP) Budget.
.Benchmarks: Began: December '05. Anticipated completion: May '06.
Fanno Creek Public Area
Coundl Goa! Update 3
• Pursuing acquisition in FY 05-06 of floodplain properties in the area of the proposed public
gathering place adjacent to Fanno Creek Park.
.Benchmarks Begin discussions with property owners: February '06 Anticipated completion of
negotiations: June '06.
• Prioritize the master planning of Fanno Creek Park and its connection to Downtown for FY 06-07
pending funding availability.
Benchmarks Proposed for Budget FY '06-07. Anticipated completion: June 30, '07.
• Work to assure passage of the Urban Renewal Plan Ballot measure
*THIS GOAL IS DIRECTED TO CITY COUNCILORS, NOT CITY STAFF. STAFF CANNOT
PROMOTE OR OPPOSE BALLOT MEASURES IN THE COURSE OF THEIR WORK. THE
FOLLOWING ITEMS ARE EFFORTS THE STAFF HAS MADE TO PROVIDE IMPARTIAL,
FACTUAL INFORMATION TO CITIZENS.
Goal Completed
3" Quarter Update:
The Urban Renewal Ballot Measure passed on May 16, 2006. Efforts to educate the public with regard to the
Ballot Measure were limited due to legal requirements but information was made available, and City staff wrote
articles for Cityscape, coordinated with local newspapers, and produced a video on Urban Renewal which was
run on Cable TV, on line, and made available at the library.
2nd Quarter Update:
Urban Renewal Video, City Articles, City Website Update
• The following projects were completed prior to the Urban Renewal Ballot Measure: production and
release of a video about Downtown Tigard and Urban Renewal, articles on the Downtown and Urban
Renewal in the Citycape publication, and update of the City's website to include sections on the Downtown.
The video was shown on public access television and placed on continuous play in the library.
.Benchmarks: Articles placed in Cityscape monthly issues leading up to the Ballot Measure, complete of video
three- to six-weeks prior to election date, City website updated two- to three-months prior to election date.
1st Quarter Update:
• Update the City's website to include section on Downtown, the Tigard Downtown Improvement
Plan and Urban Renewal
Benchmarks Started website update January '06. Anticipated completion: March 22, '06
• _ Coordinate the production of a video to convey ideas and information about the Tigard
Downtown Improvement Plan, its formation and Urban Renewal
Benchmarks: Began video production December '05. Anticipated completion: March 30, '06.
• Write features articles on the Downtown and Urban Renewal in the Cityscape publication.
Benchmarks: Wrote articles for Cityscape publication on Downtown and Urban Renewal which were
included in included February, March, April and May issues.
• Identify and make changes to the Tigard Development Code needed to implement
the Downtown Plan (e.g., zoning overlays, design standards)
4th Quarter Update:
The City Center Advisory Commission forwarded their overall concept to the Planning Commission
for their consideration at the December work session.
Yd Quarter Update
• Staff developed and presented to City Council the initial evaluation and set of recommendations for new
regulations and design guidelines in the Downtown.
Council Goal Update 4
• The recommendations entitled "Framework Report" was reviewed and endorsed by the City Center
Advisory Commission (CCAC), and presented to City Council on September 19`h
• Staff has developed a complete Program and Outreach Effort to inform and work with Downtown
property and business owners. This will be presented to City Council on October 10`h
Benchmarks. The Program for development of new Downtown Land Use regulations will be executed from
June 21 '06 to June 30, '07.
2nd Quarter Update:
• A work program was developed to research, develop, and adopt land use regulations and design guidelines
for Downtown.
.Benchmarks. Program to go from June 21, 2006 to June 30, 2007.
1 st Quarter Update:
• Prepare a work program to begin FY 06-07 to include 1) identifying preferred quality of
development, 2) reviewing recommendations of the Tigard Downtown Improvement Plan,
3) devising new or modifying existing land use regulations, and 4) coordinating stakeholder
involvement.
Benchmarks. Anticipated time of completion: May 30, '06
• Complete work program tasks 1) identify desired quality of development
2) review recommendations of Tigard Downtown Improvement Plan.
.Benchmarks. Anticipated completion: June 30, `06
• Apply for a TGM Code Assistance Grant to provide consultant assistance in accomplishing the
work program.
Benchmarks. Anticipated completion of grant proposal: May 30, '06
2. Improve 99W Corridor
• Complete Transportation Growth Management (TGM) Corridor Study
4,h Quarter Update•
'In November the Hwy 99W Citizen Advisory Committee was formed to guide the preparation of the
plan and to present the completed plan to City Council after Tigard received a Transportation Growth
and Growth Management grant.
P Quarter Update
The IGA (Intergovernmental Agreement) with ODOT (Oregon Department of Transportation) has been
executed and notice to proceed on the project was given on August 18, 2006. A TAC (Technical Advisory
Committee) has been formed to perform the technical review of the plan. A CAC (Citizen Advisory
Committee) to guide the preparation of the plan has been formed with members selected through the
established selection process led by the Mayor.
The CAC will be formally appointed by Council via resolution at the Council meeting on October 24, 2006.
The TAC and CAC will conduct meetings after completion of major tasks in the scope of work to review and
comment on the consultant submittals. The current schedule calls for five meetings each of the two
committees and three open houses to receive public input on the plan as it is developed. The project is
expected to be completed by the end of Fiscal Year 2006-07 Qune 30, 2006).
After completion of the plan, the CAC will present the findings and recommendations to City Council for
adoption. The high priority projects will be considered for implementation in future years as funding is
identified and made available. Potential land use changes will also be considered for implementation as
opportunities present themselves through new development or redevelopment of existing properties along the
corridor.
Council Goal Update 5
2nd Quarter Update
The study will evaluate various alternatives alleviating traffic congestion on the highway between Durham Road
and Interstate 5. The intent of the study is to address current traffic deficiencies, present design alternatives and
propose strategies that would provide for effective traffic circulation, connectivity and operational
improvements to the highway and its corridor. The study will:
• Provide a plan for management of the corridor
• Produce a package of projects (both large & small) that can be implemented over a period of years as
funding sources are identified and designated for these projects
• Identify and evaluate opportunities for land use changes to help achieve project objectives.
• Recommend comprehensive plan and zoning code amendments to allow new market-supported uses that
reduce vehicle trip demand
• Suggest site design requirements to promote alternative modes and reduce congestion.
The OTAK-DKS consultant team with Randy McCourt of DKS as the team project manager has been selected
to perform the study. The detailed scope of work with Intergovernmental Agreement (IGA) has been
submitted to the Oregon Department of Transportation headquarters in Salem for review and approval. That
process has been exceeding slow. To ensure that the IGA can be promptly approved once it is submitted to the
City, Council approved the draft IGA at the June 27, 2006 meeting and authorized the City Manager to execute
the documents upon submittal to the City. The Citizen Advisory Committee to guide the preparation of the
plan is being formed and is expected to be appointed by Council in early October 2006. The actual work to
develop the plan is now expected to begin by late August 2006 and should be completed within 12 months
after notice to proceed.
1 st Quarter Update:
The City staff has been working with ODOT to develop a detailed statement of work for the Highway 99W
Corridor Improvement and Management Plan. The statement of work has been completed and the selection of
the consultant to perform the work will be conducted during the next few weeks. The actual work to develop
the plan is expected to begin by June 1, 2006. The duration of the study is up to 13 months after notice to
proceed.
• Continue Greenburg Road intersection project
4iiQuarter Update•
;The City held two Open Houses - November 9 and November 30 to gather input of citizens on a
proposed local fuel tax as the funding source for improvements to the Greenburg Road/Highway
99W/Main Street intersection.
The Transportation Financing Strategies Task Force, a committee of citizen volunteers appointed by
'Council to evaluate new funding sources for major street improvements, recommended the
establishment of a 3-cent local gas tax as a new funding source to design and construct improvements
to the Greenburg Road/99W/Main Street Intersection.
December 19 City Council will conduct a public hearing for public testimony on the proposed fuel tax
ordinance.
3"' Quarter Update:
The proposed project to improve the Greenburg Road/Highway 99W/Main Street intersection will
complement the Hall Boulevard/Highway 99W County-funded improvements. Improvements will enhance
traffic circulation across Highway 99W and reduce traffic congestion on the highway along the corridor
adjacent to the Tigard downtown.
Council Goal Update 6
The full benefits of the improvements to the Hall Boulevard intersection cannot be realized without removing
the bottleneck that currently exists at the Greenburg Road intersection. The Transportation Financing
Strategies Task Force recommended to City Council that the project be constructed in conjunction with the
Hall Boulevard/Highway 99W project.
To fund this high priority project, the Task Force recommended that a local gas tax with a five-year sunset
clause be implemented to fund the project. Council directed the establishment of an extensive public process
to gain support for the project and the proposed funding source to implement it. Two open houses have been
scheduled in November (November 9`h and 30`h) to provide information and to receive citizen and business
input on the proposal.
An ordinance to establish the local gas tax will be submitted for Council consideration at the Council meeting
on December 12, 2006. A public hearing to obtain input will be conducted at the meeting as part of Council
consideration of the proposed ordinance.
2nd Quarter Update:
An alternatives analysis was conducted to examine circulation issues and impacts of various alternatives aimed
at improving performance at the Greenburg Road/Highway 99W/Main Street intersection. The current level
of service on Greenburg Road at Highway 99W is extremely poor especially in the afternoon peak travel hours
with vehicles waiting through multiple traffic cycles to clear the intersection. In addition, forecasts for Highway
99W along this area show it is well over capacity in future demand.
Current Status. The alternatives analysis to determine an optimum solution for the Main Street/Greenburg
Road/Highway 99W intersection was presented to City Council at the April 18, 2006 workshop meeting and
further discussed at the May 16, 2006 meeting. Council provided direction for staff to further explore the
recommended improvements to the intersection. A concept design with cost estimate was prepared and
submitted to the Transportation Financing Strategies Task Force for comment. The Task Force consensus is
that the recommended improvements in the study should be constructed to complement the Hall
Boulevard/Highway 99W Intersection Improvements. The Task Force will recommend the establishment of a
local gas tax at the August 8, 2006 Council meeting and will further recommend that the proposed
improvements to the Greenburg Road/Highway 99W/Main Street intersection be designated as the initial
project for implementation. Council direction will be requested for the Task Force to work with City staff in
the development of an ordinance to establish the local gas tax so that the proposed project can be initiated and
constructed as soon as possible for improved traffic flow through the two adjacent intersections.
1 st Quarter Update:
An alternatives analysis was conducted to examine circulation issues and impacts of various alternatives aimed
at improving performance at the Greenburg Road/Highway 99W/Main Street intersection. A draft report has
been prepared, which will be presented to Council at the April 18, 2006 workshop meeting. The draft report
has been provided to the Transportation Financing Strategies Task Force.
• Continue Hall Boulevard intersection project
,Work continues on design by Washington County staff.
Yd Quarter Update:
The County continues to work with ODOT to identify the extent of the access management plan required,
design exceptions needed to allow for the expansion without having to reconstruct and widen the entire street,
storm drainage runoff disposal issues, and others.
The MSTIP funding is limited and needs to be managed carefully if the project improvements are to be
constructed as proposed. The intent of this coordination is to be able to provide the design consultant with
specific guidance during the design phase and to ensure that project funding is not spent unnecessarily on
process-oriented work that does not translate into physical improvements on the ground. As a result of this
Council Goal Update 7
coordination and discussion, the project design progress has been delayed and the project schedule will have to
be re-established afterwards.
It is therefore unlikely that the project construction can begin in the summer of 2007. This could work to the
City's advantage if the Greenburg Road project can be funded through a local gas tax. This delay could provide
an opportunity to combine the two projects into one construction project in 2008.
2nd Quarter Update:
This project adds capacity to the Hall Boulevard/Highway 99W intersection. It is funded through Washington
County's MSTIP 3 (Major Streets Transportation Improvement Program).
Cun-ent Status. The project design has begun but is progressing at a relatively slow pace as the County staff
discusses several major issues with ODOT. Some of these issues include the extent of the access management
plan required, design exceptions needed to allow for the expansion without having to reconstruct and widen
the entire street, storm drainage runoff disposal issues, and others. The County is seeking to have this project
declared as an interim improvement to reduce the requirements for additional studies and other process-
oriented submittals that represent significant cost but do not actually go into physical improvements on the
ground. The project is still scheduled to begin construction in. 2007, but that could change if the right-of-way
acquisition is delayed sufficiently to require significant adjustment of the currently projected schedule.
1st Quarter Update:
The project is entering into the design phase with construction expected to begin in spring 2007. The design
work and right-of-way acquisition for the intersection widening will be ongoing during the next 12 to 18
months. Because the intersection is a major portal into the Tigard downtown area, the City will be working
closely with the Oregon Department of Transportation (ODOT) and Washington
Other Important Goals for 2006
• Improve Communication and Relationship with Citizens
• Implement the new neighborhood program throughout the City
4th Quarter Update:
Staff presented the draft program components to City Council on October 17. There was discussion
about the information that could be offered on neighborhood websites. Staff reported on the Council
discussion to the Committee for Citizen Involvement at their October meeting.
An open house was held on November 16 to provide citizens with the chance to make comments on
the program elements that were reviewed by the Committee for Citizen Involvement. The
information was e-mailed for review the next day to residents who could not attend the meeting but
;expressed an interest in participating in the program.
V Quarter Update
Staff continues to work on development of the Enhanced Neighborhood Program. In May, Open Houses
were held in two of the pilot areas to provide an opportunity for area residents to comment on the proposed
program elements. Over the summer, staff discussed the proposed program at two neighborhood events in
the third pilot area.
Citizens who had expressed interest in helping develop the program structure were invited to attend the July
CCI meeting. Staff worked with the CCI members at their July, August and September meetings to refine a
proposed structure for consideration by the City Council. Based on Council's comments and direction given
to staff at the October 17 workshop, staff will finalize a proposed program for the Committee for Citizen
Involvement (CCI) comment at their meeting on October 18, 2006. Residents of the pilot areas who have
expressed an interest in participating will be invited to an Open House in November for an opportunity to
comment on the proposed program.
Council Goal Update 8
1" Quarter Update:
The Neighborhood Program moved forward as Liz met with the School Board in January, and has met with
and scheduled meetings with the Parent-Student Organizations (PSO) in the three pilot areas in March.
• Conduct a city-wide scientific survey/report card on City services
Goal Completed
3"' Quarter Update
The results of the city-wide scientific survey/report on city services conducted in May 2006 were presented to
City Council in June.
1" Quarter Update:
The City has chosen Riley Research to prepare and conduct a comprehensive, scientific community survey to
get better information about citizen concerns. This first survey, to be conducted the week of May 14, 2006,
will help to guide the City's efforts to update its Comprehensive Plan, but will also form a baseline for biennial
surveys to help us gage our progress at meeting citizen needs.
• Connect Council with students in schools
41~ Quarter Update:
On October 16th Council members attended the Police Activities League kick-off at Twality Middle
School to further the message of positive activity and the opportunity for everyone to have a share in
success. The event featured the Trail Blazer Dancers, Jarrod Murrieta, previous All American football
player and coach who spoke about the importance of commitment to doing the right thing and X-
'Games medalist, Bruce Crisman, who talked about what it takes to become a pro.
Yd Quarter Update
A representative of Tigard High School continues to attend City Council meetings monthly to present
information about programs and activities at the school. The Tigard Youth Advisory Council has suggested
City Council members have lunch at the High School periodically. Staff will work with individual Council
members to schedule.
• Consider Opportunities for Major Greenspaces Purchases
• Purchase first-refusal options
• Explore School District property exchange
4th Quarter Update:
During this quarter, the City took action on two properties, Price and Cach. The Cach property,
although owned by the City, was not within city limits. On October 10, 2006, the Council annexed this
property.
A purchase agreement for the Price property was finalized in late November; the City now owns this
property. Construction of a three million gallon reservoir on the site is slated for completion by late
2008 and park improvements will follow in 2009.
The City is currently negotiating to acquire greenspace and active park space in the Ash Creek Estate
development project; to purchase wetland property adjacent to Fanno Creek Park near Main Street; to
work with the school district and METRO to acquire approximately 35 acres of the Fowler property
Council Goal Update 9
for possible active park and greenway use and to develop a Memorandum of Understanding with
TVF&R to expand Jack Park.
The City has been notified its local share of the Metro greenspace bond measure will be approximately
$1.4 million.
3rd Quarter:
Currently, the City's Cach Creek property lies outside Tigard city limits. On October 10, 2006, the Council
annexed this property into the City of Tigard.
Negotiations between the City, School District, and METRO continue, with the ultimate goal being that a
significant portion of the Fowler School site remains in public ownership. The City is working within this
framework to acquire approximately 35 acres of the Fowler property for possible active park and greenway use.
Quarter 1 Update:
The Park and Recreation Advisory Board conducted a comprehensive land acquisition process that evaluated
properties in and around the Tigard community. The Fowler School property was identified as high priority by
the Board. The Advisory Boards goal is to preserve and protect the Fowler School greenway property as well as
the developable, upland property.
Currently there are fourteen (14) properties being evaluated (seven (7) greenway properties totaling 36.97 acres,
and seven (7) "active" park properties totaling 14.3 acres). Appraisals and Level One Environmental Reports
are being ordered, and negotiations continue with owners.
The City and the School District are currently working collaboratively to identify a mechanism(s)/ process that
will ensure that the entire Fowler School site will remain in public ownership. It is anticipated that eventually,
an Intergovernmental Agreement will be created that will enable this to happen.
The School Board is conducting a process aimed at identifying surplus property within the District. Fowler
School will be discussed at a meeting to be held in April. City staff will be at that meeting.
Metro is conducting a land acquisition bond measure in November 2006. A portion of the bond measure is
dedicated to local share distribution.
• Clarify City's Position on the Provision of Urban Services to Unincorporated
Areas and in the Best Interests of the Citizens of Tigard
'Goal Completed- - -
Third Quarter Update
The Urban Services Intergovernmental Agreement is terminated.
2nd Quarter Update:
Implemented termination of Urban Services Intergovernmental Agreement prior to effective date of July 20,
2006.
1" Quarter Update:
At the meeting on March 28, 2006, the City Council decided to terminate the Urban Services
Intergovernmental Agreement with Washington County whereby the City provided building permits and
inspections and development services to the unincorporated portions of Bull Mountain. It is important to
note that the termination of the development services intergovernmental agreement does not indicate a change
in the City's long stated policy and the underlying Urban Services Agreement with Washington County and
other urban services provider to be the ultimate provider of services to the Bull Mountain area.
Council Goal Update 10
The City will continue to annex land within that area as property owners request annexation and as allowed by
law.
• Secure Long-Range Water Source(s)
41~ Quarter Update:
Tigard, Lake Oswego and the IWB had a successful first meeting regarding the Lake Oswego/Tigard
partnership and provided additional guidance for the staff and consultant to move to the next steps of
the supply study. The next joint Council meeting is scheduled for February 2007, when the draft
report will be completed.
The draft environmental impact statement on the Haag Lake dam raise project is still expected in late
December. This will provide a decision point for Tigard as to staying in the project or removing it
from future consideration.
3rd Quarter:
This quarter, work continues on the analysis of a Lake Oswego /Tigard partnership to expand Lake Oswego's
water rights and treatment plant. The Tigard City Council is slated to meet with the Lake Oswego City Council
and the Intergovernmental Water Board on November 14 to discuss the partnership and the type of
information Councilors and Board members will need in order to make a decision about forming the
partnership.
The draft environmental impact statement for the Haag Lake dam raise project is now expected in December
2006. In early 2007, the Council will need to consider whether to continue the City's participation in the project
as this decision will affect the FY '07-'08 budget.
2nd Quarter Update:
This quarter work progresses on the Lake Oswego /Tigard analysis of the potential expansion of Lake
Oswego's water rights and treatment plant modifications. Draft white papers, on several topics covered in the
study, will be available soon.
The Tigard City Council also entered into a partnership with the Tualatin Valley Water District to develop the
right-of-way and easements for the north/south regional water transmission main. This key pipeline will
connect all the major Westside water sources.
The draft environmental impact statement for the Haag Lake dam raise project is due next quarter. The
Council will need to consider whether to continue its participation in the project; the next phase of the project
involves a commitment to fund the improvements.
1" Quarter Update:
The City continued participation in the Hagg Lake expansion study. Council will need to decide during the 3rd
quarter if we wish to continue into the construction process.
Secured a joint funding agreement with Lake Oswego for addition evaluation of a joint project.
Continued participation in the Willamette River Water coalition to protect and develop our water rights.
Successfully negotiated a shorter term contract with Portland to provide transition to an alternate source(s).
Council Goal Update 11
• Stabilize Financial Picture
• Review Financial Strategy Task Force recommendations
• Take appropriate action to control costs
41hQuarter Update:
One of the key recommendations of the task force was to have an independent 3rd party complete
performance audits of city operations. In response, the City Council approved $75,000 in the
FY2006-07 budget for this purpose. The City subsequently contracted with one consultant to perform
a review of selected library operations, specifically work flow, materials flow, work processes, and
staffing allocations in order to identify potential efficiencies. The review is focusing on processes that
are transaction heavy: circulation holds processing, and delivery processing but also includes a review
of the library's customer self-sufficiency initiatives and public service enhancements. This work is
underway and a final report should be received from the consultant by the end of December 2006.
The City has also contracted with another consultant to perform reviews of selected police operations:
.the handling and administration of seized property and evidence, mutual aid agreements with
neighboring jurisdictions, and the recruitment and retention of qualified personnel. This work is
'scheduled to begin by mid-December and should be completed by the end of January 2007.
Yd Quarter Update:
Significant Work Elements
■ Completed conversion of the Springbrook financial software to an upgraded version (6.05).
■ Completed conversion from the purchasing card software EAGLS to WORKS and conducted staff
training.
■ Closed several open accounts and now using p-card and/or purchase orders.
■ Auditors completed interim work for FY 2005-06.
■ Worked with Finance Director on process reviews for procurement and Human Resources.
■ Started working with Public Works on Street Maintenance cost analysis.
■ Transportation System Development Charge (TSDC) - Engineering now plans on using the umbrella DKS
contract recently approved by the City Council.
2"a Quarter Update:
Significant Work Elements Accomplishments During the Quarter
■ Worked with Finance Administration on the Budget Committee meetings and final adoption of the FY
2006-07 Budget.
■ Completed RFP process for new coffee bar vendor and TV Van.
■ Scheduled upgrade of the City's financial software to the most recent version (6.05).
■ Initiated the conversion to a new procurement card processing software.
■ Initiated year-end closing procedures for FY 2005-06.
■ Began working with Public Works staff on a cost study of certain activities in the Street Maintenance
Program.
■ Completed preliminary work with the outside auditing firm for FY 2005-06 audit.
■ Finance Director initiated a business process review of the City's purchasing/acquisition process and
procedures.
1" Quarter Update:
At the end of last year's budget process, the City Council appointed a task force made up of citizen members
of the City's Budget Committee plus representatives of each of the City's other boards and committees. This
citizen task force met over an 8 month period to review the City's financial situation. They concluded that the
City's financial affairs are well managed and that the City is not providing any unnecessary services. They
recommended that the City contract for outside performance audits to review selected city services and to
develop recommendations for improvements. The 2006-07 proposed budget includes a request for $75,000 to
Council Goal Update 12
pay for up to two performance audits to accomplish these purposes. The task force also recommended that
the City continue its past practice of making sure that all fees and charges are kept current and recover the full
cost of providing services for which they are charged. The City will continue with this practice by reviewing all
fees and charges annually as required by City Code.
Council Goal Update 13