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City Council Packet - 06/26/2007 City of Tigard, Oregon • 13125 SWHall Blvd. • Tigard, OR 97223 41 TIGARD CITY COUNCIL MEETING June 26, 2007 COUNCIL MEETING WILL BE TELEVISED I:\Ofs\Donn a's\Ccpkt3 Phone: 503.639.4171 9 Fax: 503.684.7297 9 www.tigard-or.gov 9 TTY Relay: 503.684.2772 ft Agenda revised 6/22/07 - Added Agenda Item No. 9 - Select an Election Date for the City Council Position and Reevaluate the Nomination Petition Filing Deadline; 6/26 - Added Non Agenda Item (Agenda Item 12); corrected wording on Agenda Item 7 TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW t BOARD MEETING JUNE 26, 2007 6:30 p.m. TIGARD CITY HALL 13125 SW HALL BLVD. TIGARD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call. 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA -JUNE 26, 2007 page 1 AGENDA TIGARD CITY COUNCIL MEETING JUNE 26, 2007 6:301'M • STUDY SESSION > Discuss Building Valuation Data Table - Community Development Department > Distribute City Council Groundrules - Administration Department > Discuss Amending Tigard Municipal Code regarding Chief Petitioner Requirement - Administration Department 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 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Chamber of Commerce Representative • Follow-up to Previous Citizen Communication 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Meeting Minutes for April 24, 2007 3.2 Amend Affordable Housing Assistance Fee - Resolution No. 07- 3.3 Approve Resolution to Modify Existing Fee Calculation for Building Permits - Resolution No. 07- 3.4 Appoint Tigard Library Board Member - Resolution No. 07- 3.5 Adopt Collective Bargaining Agreement between the City of Tigard and the SEIU 503/OPEU Local 199 and Authorize the City Manager to Sign - Resolution No. 07 - _ 3.6 Approve Cost of Living Adjustment for Management/Supervisory/Confidential Group Employees effective July 1, 2007 and the Extension of Additional Health Plan Options - Resolution No. 07- 3.7 Local Contract Review Board: a. Award Contract for Pavement Maintenance under the FY 2007-08 Pavement Major Maintenance Program (PMMP) to Morse Brothers dba Knife River b. Award Contract for Structural Plans Review Service to Miller Consulting Engineers, Inc. Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. COUNCIL AGENDA -JUNE 26, 2007 page 2 4. PRESENTATION OF AWARD TO "IF I WERE MAYOR" CONTEST WINNERS Introduction: Administration Department 5. PRESENTATION FROM ESSENTIAL HEALTH CLINIC • Introduction: Administration Department 6. PROJECT OVERVIEW ON I-5 HIGHWAY/99W CONNECTOR Introduction: Community Development Department • Council Discussion 7. CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE (TMC) CHAPTER 7.52.100 (3) REGARDING ALCOHOLIC BEVERAGES IN PARKS Introduction: Public Works Department • Council Discussion • Council Consideration of Ordinance No. 07- 8. AUTHORIZE AMENDMENTS TO INTERGOVERNMENTAL AGREEMENTS WITH DURHAM, KING CITY, AND THE TIGARD WATER DISTRICT, AND THE El' CUTION OF TENANTS IN COMMON AGREEMENTS AND BARGAIN AND SALE DEEDS FOR THE WATER BUILDING AND CANTERBURY PROPERTIES • Introduction: Public Works Department • Council Discussion Council Consideration: Proposed motion to authorize amendments to intergovernmental agreements with Durham, King City, and the Tigard Water District, and the execution of Tenants In Common Agreements and Bargain and Sale Deeds for the Water Building and Canterbury properties. 9. SELECT AN ELECTION DATE FOR THE CITY COUNCILOR POSITION AND REEVALUATE THE NOMINATION PETITION FILING DEADLINE • Introduction: Administration Department Council Discussion • Council Consideration: Proposed resolution. Determine whether there should be an extension to the filing deadline for the City Councilor Position to August 27, 2007. 10. COUNCIL LIAISON REPORTS COUNCIL AGENDA -JUNE 26, 2007 page 3 11. NON-AGENDA ITEMS 11.1 Consider 41h of July Funding Request FY 2006/07 a. Staff Report: Administration Department b. Council Discussion C. Council Consideration: Resolution No. 07- 12.1 Local Contract Review Board: Approve the Purchase of Five (5) Ford Crown Victoria Police Interceptors through the State of Oregon Contract #3196 a. Staff Report: Administration Department b. Council Discussion C. Council Consideration: A motion to approve the purchase of five (5) Ford Crown Victoria Police Interceptors through State of Oregon Contract #3196 12. 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. 13. ADJOURNMENT is\adm\cathy\cca\2007\070626p.doc COUNCIL AGENDA -JUNE 26, 2007 page 4 STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING June 26, 2007 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • 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 1_~ xecutive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • STUDY SESSION > Discuss Building Valuation Data Table - Community Development Department > Distribute City Council Groundrules - Administration Department > Discuss Amending Tigard Municipal Code regarding Chief Petitioner Requirement - Administration Department Business Meeting Information: 3.2 Proposed Resolution Amending Resolution No. 02-62 Establishing the Guidelines for the Award of Affordable Housing Fee Assistance Funds (Copy was forwarded to the Cm Council in its June 22, 2007 newsletter mail packet; a copy is also attached.) 9 Select an Election Date for the City Councilor Position and Reevaluate the Nomination Petition Filing Deadline. (Attached are copies of the Agenda Item Summary and two resolutions representing options before the City Council. Copies were forwarded to the City Council in its June 22, 2007 newsletter mail packet; copies are also attached.) 11.1 (Non Agenda) - 4th of July Funding Request, FY 2006/07 (June 22, 2007 memorandum from Risk Manager Mills is attached as well as a copy of the proposed Budget Amendment Resolution; this information was also forwarded to the City Council in its June 22, 2007 newsletter mail packet.) 11.2 (Non Agenda) - Local Contract Review Board - Consider approving the purchase of five (5) Crown Victoria Police Interceptors though State of Oregon Contract #3196 Administrative Items Determine if the City Council wants to continue to cablecast Workshop Council meetings. • Fort Moody Visit -July 26 & 27 - Interest and Cost ■ Council Calendar: July 4 Wednesday 4th of July Holiday - City Hall Closed *10 Tuesday Tigard City Council Business Meeting- 6:30 pm, City Hall *17 Tuesday Tigard City Council Workshop Meeting - 6:30 pm, City Hall *24 Tuesday Tigard City Council Business Meeting - 6:30 pm, City Hall 31 Tuesday 511, Tuesday Council Meeting - Library Community Room, 7-9 p.m. *Regular Council meetings. 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 negotiation is. 192.660 (2) (E) - 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 emplloyment-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. j 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) (l)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. i:\aUm\cathy\cca ss - pink sh-0200710704f 0.Aac Sheet for bookmarking items unable to send to microfiche Date: 6/26/07 Item: CD Subject: "If I were Mayor", 2007, Brent Mangum, Grade 12 Stored in vault: See Records Division City of Tigard, Oregon IN Affidavit of Posting In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 4 0 6- 0 , 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) ()7-/(-/ , which were adopted at the City Council meeting of h - e -f7 7 ,with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of ~IN e- , 200-7. 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 Signature of Person who Performed Post)hg Subscribed and sworn (or affirmed) before me this _<;2 7 day of I ,L Vl L , 200- Si nature o No ary Public for Oregon OFFICIAL SEAL JILL M BYARS NOTARY PUBLIC-OREGON COMMISSION NO.381793. . MY COMMISSION EXPIRES JUNE 14, 2008 , c a CITY OF TIGARD, OREGON TIGARD CITY COUNCII, ORDINANCE NO. 07- r AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE (TMC) 7.52.100(3) REGARDING ALCOHOLIC BEVERAGES IN PARKS WHEREAS, in response to complaints and concerns regarding alcohol consumption in downtown area parks, the Council adopted Ordinance 06-08 in June 2006; and WHEREAS, this ordinance prohibited the use of alcoholic beverages in all of the existing downtown parks including. Liberty Park, Main Street Park, Commercial Park and Fanno Creek Park; and WHEREAS, in order to maintain the alcohol ban in any future downtown park, the Council must amend the TMC each time a new park is created within the downtown area; and WHEREAS, several new parks may be developed within the Urban Renewal Zone (downtown area) in the future, and it is somewhat cumbersome and time consuming to amend the TMC each time a new park is created; and WHEREAS, this amendment creates a "blanket" restriction on the consumption of alcoholic beverages in all city-owned parks within the Urban Renewal Zone, thereby eliminating the need to update the TMC each time a new park is created; and WHEREAS, this amendment would apply to the parks specified above, as well as any future City parks created within the Urban Renewal Zone, including the Jim Griffith Memorial Skate Park. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The City Council approves the amendment to Tigard Municipal Code Chapter 7.52.100(3) as follows: (Strike-through text is deleted; underlined text is added.) (3) It is unlawful to possess, control, or consume any alcoholic beverage in any existing or future City hark located within the downtown Urban Renewal Zone. , and ORDINANCE No.'G- Page 1 7 - ~`I 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 l~(1 vote of all Council members present after being read by number and tide only, this `day of 2007. Catherine Wheatley, City Recorder ~-k APPROVED: By Tigard City Council this day of '2007. Crai ksen, Mayor Approved as to form- V, e- ity Attorney Date ORDINANCE No."%- Page 2 0,7 - I L` Agenda Item No. c For Agenda of , ,;19' -V 1 TIGARD CITY COUNCIL/LOCAL CONTRACT REVIEW BOARD Meeting Minutes June 26, 2007 Mayor Dirksen called the meeting to order at 6:30 p.m. Attendance: Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ • STUDY SESSION > Discuss Building Valuation Data Table - Community Development Department Building Official Blalock presented the background on this agenda item. Building Official Blalock's June 8, 2007 memorandum outlined the new legislation and provided information on how the Building Valuation Data Table is used. A copy is on file in the City Recorders office. There was discussion regarding how this table is applied to the City of Tigard rates. Community Development Director Coffee advised that the Homebuilders' Association is aware of this matter. A resolution for the Council's consideration is on tonight's Consent Agenda (Item 3.3). > Distribute City Council Groundrules - Administration Department City Council received a copy of the most recent groundrules (Resolution No. 06-51). Councilor Buehner noted one change to be made on Page 5: Assistant to the City Manager should be changed to read "Assistant City Manager." City Council will review the groundrules and discuss again at a future meeting to determine if additional changes are needed. Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 1 > Discuss Amending Tigard Municipal Code regarding Chief Petitioner Requirement - Administration Department City Council reviewed the staff report prepared for this item; a copy is on file in the City Recorder's office. Examples of what other cities have done to place requirements on chief petitioners were reviewed. A summary of the City Council discussion follows: ■ Some Council support expressed that Chief Petitioners should be at least City residents since such petitioners are proposing to "change the fabric of the city." ■ Some Council support expressed to be more restrictive and require Chief Petitioners to be electors (registered voters) of the City of Tigard. ■ Councilor Wilson pointed out that people who don't live in the City of Tigard, i.e., business owners, do have a stake in laws that are made that govern them. Mayor Dirksen offered that city business owners could be included as he agreed they do have an interest in the City. Councilor Wilson said that ultimately it would be city electors who vote yes or no on a proposal. Councilor Buehner referred to outside interests in statewide petition efforts who come to Oregon to sponsor petitions that cost taxpayer dollars to place these measures on the ballot. For petitions filed for elections other than the primary or general election of even-numbered years, the City must pay for the election. Councilor Wilson acknowledged there was merit to the argument for placing restrictions on Chief Petitioners because of the financial impact. ■ Council discussed the possibility of allowing Chief Petitioners who are Tigard business owners, but are not residents or electors of the city. City Attorney Rams cautioned that he has not seen any case law that would allow such a distinction. Councilor Buehner acknowledged this could be too complicated to implement. One suggestion was to include residents and property owners. After some discussion, City Attorney Rains noted that the concern is "if we are just doing registered voters ...I think we probably can. Once we create a situation where people who live outside the City but own property can participate but someone who lives inside the City can't participate, we open up an argument." ■ Councilor Sherwood noted the only people who can vote on measures on ballots by petitioner will be the city's electors. She said she would prefer to see the Chief Petitioners limited to "electors." Mayor Dirksen said someone who was not an elector could find a sympathetic city elector to sponsor a measure. Councilor Wilson said he could support this because of the cost of the election borne by the City of Tigard. Council consensus was to support a proposed ordinance providing that Chief Petitioners shall be city electors. ■ Council decided it would like to conduct a public hearing on the proposed amendment to the Tigard Municipal Code requiring that Chief Petitioners for an initiative, referendum or recall petition be City of Tigard electors. Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 2 > Business Meeting Information distributed to and' discussed with the City Council included the following: Agenda Item No. 3.2 Proposed Resolution Amending Resolution No. 02-62 Establishing the Guidelines for the Award of Affordable Housing Fee Assistance Funds (A copy of the resolution was forwarded to the City Council in its June 22, 2007 newsletter mail packet.) 9 Select an Election Date for the City Councilor Position and Reevaluate the Nomination Petition Filing Deadline. (Council received copies of the Agenda Item Summary and two resolutions representing options Copies were forwarded to the City Council in its June 22, 2007 newsletter mail packet; copies are also attached.) Councilor Woodruff suggested if there is only one candidate, the City Council could consider appointing that individual rather than holding an election. This matter was also discussed during the Business meeting, Agenda Item No. 9. Councilor Wilson said he would excuse himself from the discussions since the Council position under review is the position he holds. 11.1 (Non Agenda) - 4'h of July Funding Request, FY 2006/07 Qune 22, 2007 memorandum from Risk Manager Mills was distributed to the City Council. The Council also received a copy of the proposed Budget Amendment Resolution; this information was forwarded to the City Council in its June 22, 2007 newsletter mail packet.) 11.2 (Non Agenda) - Local Contract Review Board - Consider approving the purchase of five (5) Crown Victoria Police Interceptors though State of Oregon Contract #3196. City Manager Prosser advised there is no need for a Budget amendment. (The staff report was distributed to the City Council which also serves as the Local Contract Review Board.) Administrative Items ■ Determine if the City Council wants to continue to cablecast Workshop Council meetings. City Manager Prosser reviewed this item with the City Council. The additional cost is approximately $450 per month. After brief discussion, City Council members agreed to continue to cablecast the Workshop Council meetings. Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 3 ■ Fort Moody Visit -July 26 & 27 - Interest and Cost. Community Development Director Coffee reviewed the list of invitees and the cost estimate for the trip to Port Moody. This information is on file in the City Recorder's office. Beaverton residents and officials might also want to go on this trip, which will mean some of the costs can be shared with them. There was brief discussion about what some of the Council members want to focus on for this trip including how to deal with more density; how the Port Moody model might be received by City of Tigard citizens; long-term considerations that might include redevelopment of Highway 99W; models retail and residential developments existing together. Staff will contact developers to determine their interest in going on this visit. Council reviewed its calendar. City Council members agreed to cancel the July 31 Fifth Tuesday meeting. ■ Council Calendar: July 4 Wednesday 4`h of July Holiday - City Hall Closed *10 Tuesday Tigard City Council Business Meeting - 6:30 pm, City Hall *17 Tuesday Tigard City Council Workshop Meeting - 6:30 pm, City Hall *24 Tuesday Tigard City Council Business Meeting - 6:30 pm, City Hall 31 Tuesday 5`h Tuesday Council Meeting - Library Community Room, 7-9 p.m. (Cancelled) *Regular Council meetings. EIZECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:21 p.m. under 192660 (2) (e) to discuss real property transaction negotiations. Executive Session concluded at 7:23 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council & Local Contract Review Board to order at 7:32 p.m. 1.2 Roll Call Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 4 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items City Manager Prosser noted the following items would be considered by the City Council/Local Contract Review Board during Item No. 11, Non Agenda: 11.1 Consider 4`h of July Funding Request FY 2006/07 11.2 Local Contract Review Board - Consider approving the purchase of five (5) Crown Victoria Police Interceptors though State of Oregon Contract #3196. 2. CITIZEN COMMUNICATION • Tigard Area Chamber of Commerce President Ralph Hughes presented an update on Chamber activities. He noted this was his last presentation to the City Council as the Chamber President. Chamber elections were held recently for the new board of directors for the coming year; a formal announcement will be made soon. The last leadership institute recently held a graduation ceremony. The Chamber is now actively recruiting for the next institute classes scheduled for the fall. In response to a question from Councilor Woodruff, President Hughes said there is no timeline established for a proposed merger of the Tigard and Tualatin Chamber of Commerce organizations. Some issues need to be resolved, with President Hughes noting that the Tigard Chamber building would not be part of the merger equation. • Council Candidate Roger Potthoff advised he would like to speak on two items on tonight's business agenda: 1) 1-5 corridor and 2) City Councilor special election. After brief discussion, Mayor Dirksen said Mr. Potthoff could speak on these issues at the time these agenda item are considered by the City Council. • John Frewing referred to the Council goal for better communication. He said he has been following the Ash Creek Estates development for a long time and he has raised a number of issues for which he has not had a response from the City. He has been observing the development to determine if the conditions of approval are being met. He noted he sent a June 6 e-mail to the City regarding the following conditions that he does not believe are being met: The steep dip in the street ("K" value) was allowed even though it exceeds the City's standards with the condition that there be warning signs posted; he said there are no signs. He also referred to a June 13 e-mail where he cited sight-distance issues at 74`h avenue and the lack of a planter strip along 74`h Avenue. He also forwarded pictures on June 13 showing there was no planter strip. Mayor Dirksen advised Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 5 Mr. Frewing his e-mails had been received and staff was directed to review and respond to the issues raised. Mr. Frewing will be hearing from staff. Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA: 3.1 Approve Council Meeting Minutes for April 24, 2007 3.2 Amend Affordable Housing Assistance Fee - Resolution No. 07-37 A RESOLUTION AMENDING RESOLUTION NO. 02-62 ESTABLISHING THE GUIDELINES FOR THE AWARD OF AFFORDABLE HOUSING FEE ASSISTANCE FUNDS 3.3 Approve Resolution to Modify Existing Fee Calculation for Building Permits - Resolution No. 07-38 A RESOLUTION MODIFYING EXISTING FEE CALCULATION FOR BUILDING PERMITS 3.4 Appoint Karen Levear to the Tigard Library Board - Resolution No. 07-39 A RESOLUTION MAKING THE FOLLOWING APPOINTMENT TO THE TIGARD PUBLIC LIBRARY BOARD: KAREN LEVEAR TO A FOUR-YEAR TERM BEGINNING JULY 1, 2007 THROUGH JUNE 30, 2011 3.5 Adopt Collective Bargaining Agreement between the City of Tigard and the SEIU 503/OPEU Local 199 and Authorize the City Manager to Sign - Resolution No. 07 -40 A RESOLUTION ADOPTING A NEW COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF TIGARD AND SEIU 503/OPEU LOCAL D199 AND AUTHORIZING THE CITY MANAGER TO SIGN 3.6 Approve Cost of Living Adjustment for Management/Supervisory/Confidential Group Employees effective July 1, 2007 and the Extension of Additional Health Plan Options - Resolution No. 07-41 A RESOLUTION TO ADOPT A COST OF LIVING ADJUSTMENT FOR THE MANAGEMENT/SUPERVISORY/CONFIDENTIAL GROUP EMPLOYEES EFFECTIVE JULY 1, 2007, AND THE EXTENSION OF Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 6 ADDITIONAL HEALTH INSURANCE PLAN OPTIONS EFFECTIVE AUGUST 1, 2007 3.7 Local Contract Review Board: a. Award Contract for Pavement Maintenance under the FY 2007-08 Pavement Major Maintenance Program (PMMP) to Morse Brothers dba Knife River b. Award Contract for Structural Plans Review Service to Miller Consulting Engineers, Inc. Motion by Councilor Buehner, seconded by Councilor Woodruff, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Newly appointed Library Board member Karen Levear was present (Item 3.4). Mayor Dirksen asked her to come forward and thanked her for her willingness to serve. He presented her with a City of Tigard logo -pMi. Councilor Woodruff, Councilor Sherwood, and Mayor Dirksen noted their appreciation to staff for reaching agreement on the SEIU contract (Agenda Item No. 3.5) 4. PRESENTATION OF AWARD TO "IF I WERE MAYOR" CONTEST WINNERS Mayor Ditksen presented awards for the winning entries in Tigard's "If I Were Mayor" student contest: Middle School Poster: Christine Laughlin, 6''' grade - Twality Middle School High School Essay Alexander Carsh, 9'h grade - Tigard High School High School Video Brent Mangum, 12'' grade - Tigard High School Copies of the winning entries are on file in the City Recorder's office. The above winners will now be entered into the statewide competition sponsored by the Oregon Mayor's Association. Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 7 5. PRESENTATION FROM ESSENTIAL HEALTH CLINIC Executive Director Sheila Hale of the Essential Health Clinic presented information on services provided by her organization. Ms. Hale reviewed the mission statement, which is to improve the health of people in Washington County. A Tigard clinic opened last September. The clinic serves those individuals who are under-served or those who do not have health insurance. These are patients that have no place else to go (and do not need to go to an emergency room.) The clinic has three paid staff members and volunteer medical professionals. Councilor Sherwood applauded the health clinic for coming to the Tigard area noting there is the need for this service. She added that the Community Development Block Grant program supports this concept. Councilor Buchner expressed the hope that as a result of Ms. Hale's presentation tonight, the clinic will hear from more people who are willing to volunteer. More information can be found on the clinic's website: essentialhealthclinic.org. 6. PROJECT OVERVIEW ON I-5 HIGHWAY/99W CONNECTOR City Engineer Duenas introduced this agenda item noting the I-5 Highway/99W Connector is an important project for the City. The further south it connects, however, the less importance it has for the City. City Engineer Duenas introduced two project representatives: 1. Russ Knobel from Washington County who is the principal engineer and project lead for the County, and 2. Scott Richmond who is with David Evans and Associates Consultants Mr. Knobel and Mr. Richmond reviewed a PowerPoint presentation. A copy is on file in the City Recorders office. This is one of seven projects that has been determined by the Oregon Department of Transportation (ODOT) to be of statewide significance. Information included in the presentation included: ■ The purpose of the project is to address inadequate transportation facilities in the outer southwest quadrant of the Portland metropolitan area. ■ Need statements identifying what contributes to the need for a better connection. ■ Charts on increasing housing and employment trends. ■ Chart on increasing growth in area travel volumes. ■ Definitions of local, regional and through trips. ■ Anticipated condition of the project area by 2030. ■ The two phases of the size and type of facility. ■ Partners in project decision making. ■ The project steering committee partners. ■ Key milestones. ■ Finding a solution. Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 8 ■ Selecting the best solution. ■ Range of alternatives. • Corridor concepts being considered. ■ Confirming range of alternatives. ■ Public participation information. Councilor Buchner commented a similar presentation was made in 2000 or 2001 resulting in recommendations and work on this project. She asked if this work will be thrown away. Mr. Knobel responded that the County reviewed that earlier effort, which demonstrated the need for such a facility in this area and the need is for something greater than an arterial. This prompted the participants to step back to take a larger look. Councilor Buchner pointed out that in the interim years a lot of development has occurred; therefore, some of the options developed are no longer viable. She said development will continue to occur and this is a problem for Tigard. The farther south the connector is located, the less benefit it is for Tigard. Councilor Wilson echoed Councilor Buchner's concerns and referred to his past experience in San Diego where right of way was acquired, and planning was done ahead of time, resulting in a "totally planned community." If the facility is built farther south then Councilor Wilson said this might be a project he might consider actively opposing because it will take funding away that would have been available to fix 99W in Tigard. Councilor Wilson noted Tigard just implemented a gas tax to do what it can for 99W because there has been no help forthcoming after all of these years. He questioned whether there was any funding for the project and wondered if it is a waste of time. Councilor Woodruff noted that Tigard isn't even on the advisory group and said he wondered how involved Mr. Knobel wants Tigard to be; is Tigard just a spectator or is Tigard seen as an integral player. Mr. Knobel commented that the group was formed by including those jurisdictions who were either the primary partners or those that would have to take a land use action. Tigard was not included because the facility is to the south of the City. As this was developed, the advisory group realized the impact to the Tigard community, especially with a "no build" option. Mr. Knobel said a no-build alternative would add 26 percent traffic to 99W through Tigard. Any alternative, even further south, has the ability to take a good portion of traffic off of 99W but he conceded that it would not solve all of Tigard's problems on 99W. Councilor Wilson said he would like to see the modeling and said that 26 percent more traffic would not fit through Tigard. Councilor Buchner noted that when the modeling was done when she served on the Transportation Committee, the southern proposed routes only provided a 5-10 percent reduction on 99W through Tigard. She said she wasn't sure this would be worth the incredible amount of money that would be involved. She agreed with Councilor Wilson's observation that this would cut off any further funding for transportation improvements to an area that has been ignored for far too long. Councilor Buchner Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 9 said it has been frustrating for her and for the Tigard citizens who have to "fight" 99W everyday. She said 99W is the most heavily traveled highway that isn't a freeway. Mayor Dirksen offered some history. When this was first proposed in the late 1980's and 1990's, the problem centered around politics. There was a group of people who believed that if we were to develop a better transportation system, then all it would do is encourage more development. The opposite being that if we didn't build a better transportation system, it would dissuade people from moving here. That philosophy, in the interim, has been proved to be a failure because, in fact, the population has grown faster without the improvements to the transportation system that the models projected. Councilor Buehner agreed that the models prepared by Metro were inaccurate. Mayor Dirksen said the result is that we have been left with a failing transportation system and still needed to deal with the congestion and development that occurred anyway. Now, we're doing it over again, but now we have fewer solutions and less satisfactory solutions. However, Mayor Dirksen said we are duty bound to move forward and study those to determine if there is a solution left that will work. Councilor Buehner advised Mr. Knobel that she hoped when he goes back to his stakeholders that he would reiterate and critically evaluate what the impact will be if the facility is moved farther south in terms of what the impact will be on traffic in the City of Tigard. She said this will not happen unless everyone "buys into" this project. Councilor Buehner said this will also impact all of the people who live on the north side of Sherwood and the northern half of Tualatin who are now tangled up in a "traffic nightmare." This has been going on for 20 years and there is a tremendous amount of frustration that those who haven't been around for that long might not be aware of. Mr. Richmond said more information will be available in August. He added that the City of Tigard's participation is invited and, if that is not sufficient and Tigard wants more involvement, they would welcome that. Mr. ICnobel noted the Chair of the Washington County Board, Tom Brian, has been around for many of the past discussions. This project is Washington County's top priority so "we are really trying to do something this time." In looking at the alternatives, one of the principal constraints set down by the decision-making body was to avoid densely developed areas. Councilor Buehner reiterated that her continuing concern is that the longer this takes, development will occur and the project will become less viable. Councilor Sherwood said she agreed with what members of the Tigard City Council have said, but at the same tithe, she noted she saw the westside bypass "go away" so she urged participants to be positive and to be involved as much as possible. In order to get anything done she said it would be best not to "shoot the messengers" even though the alternatives might not be "to our liking." The Mayor and Council agreed with Councilor Sherwood and Mayor Dirksen noted appreciation of the work being done. Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 10 City Engineer Duenas noted a letter of support was requested from the City and asked the Council to consider whether a letter should be forthcoming supporting the project with the qualifications as mentioned earlier this evening. Mayor Dirksen called upon Mr. Roger Potthoff who had requested to make comments on this agenda item. Mr. Potthoff questioned why the City of Tigard was not represented on the Steering Committee for this project. He thinks there is a perception in the community that the City has opted out of the opportunity to be a member of the Steering Committee and the perception needs to be corrected. He noted the importance of Tigard being "at the table" and referred to his participation on the 99W Citizen Advisory Committee where committee members believed that the I-5 connector is critical so that the improvements contemplated on 99W will be effective. He suggested Tigard might want to consider making no improvements to 99W until the 1-5 connector is resolved. He suggested that if the City makes improvements to 99W, this would alleviate the problem for people using 99W and would forestall the I-5 connector solution. He said it is important to send a message to other communities who have effectively obstructed solutions to the 99W problems for Tigard. He said a message should be sent to Tigard's neighbors that Tigard is no longer a "doormat" regarding corridor development. Mayor Dirksen said he assumed improvements would continue to be made on 99W after the decisions are made on the connector. The Mayor noted appreciation for Mr. Potthoff's comments and the good points he made. There is diminishing support from the City of Tigard for the connector project as it moves farther south. City Engineer Duenas will be writing a letter to decision makers for this project stating Tigard's needs and concerns. Mayor Dirksen also noted that the City of Tigard has been invited to attend the Steering Committee meetings for this project; Tigard has been involved all along even though it does not have a chair at the table. 7. CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE (TMC) CHAPTER 7.52.100 (3) REGARDING ALCOHOLIC BEVERAGES IN PARKS Public Works Director Koellermeier presented the staff report. A copy is on file in the City Recorder's office. The proposed ordinance would implement a "blanket" restriction on the consumption of alcoholic beverages in all city-owned parks within the urban renewal zone, thereby eliminating the need to update the Tigard Municipal Code each time a new park is created. Mayor Dirksen asked if a future square (the community gathering place) would allow alcohol noting that there might be a desire to allow some events to serve alcohol. Public Works Director Koellermeier advised the ordinance was not crafted so that this would be allowed. Public Works Director Koellerrrieier noted that the Police Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 11 Department staff have used the first ordinance banning alcohol in some parks as a tool to "turn the corner" on some of the problems experienced in these parks. After discussion with staff, City Council members agreed to consider the ordinance as proposed but noted it might want to revisit the exception for special events in the future. Motion by Councilor Woodruff, seconded by Councilor Sherwood, to adopt Ordinance No. 07-14. ORDINANCE NO. 07-14 - AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE (TMC) 7.52.100(3) REGARDING ALCOHOLIC BEVERAGES IN PARKS The motion was approved by a majority vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 8. AUTHORIZE AMENDMENTS TO INTERGOVERNMENTAL AGREEMENTS WITH DURHAM, KING CITY, AND THE TIGARD WATER DISTRICT, AND THE EXECUTION OF TENANTS IN COMMON AGREEMENTS AND BARGAIN AND SALE DEEDS FOR THE WATER BUILDING AND CANTERBURY PROPERTIES Public Works Director Koellermeier presented the staff report. A copy is on file in the City Recorder's office. The documents have been reviewed by the City Attorney and the Intergovernmental Water Board (IWB) determined the need to amend the documents referred to in the agenda tide above. The City of Tigard, as an IWB member, must vote on these documents as outlined in the proposed resolution. Motion by Councilor Sherwood, seconded by Councilor Buehner, to adopt Resolution No. 07-42. RESOLUTION NO. 07-42 - A RESOLUTION AUTHORIZING THE CITY OF TIGARD'S REPRESENTATIVE TO THE INTERGOVERNMENTAL WATER BOARD TO VOTE ON AND APPROVE THE FIRST AMENDMENTS TO THE INTERGOVERNMENTAL AGREEMENT DATED 12/28/1993 FOR THE CITY OF KING CITY, AND 12/23/1993 FOR THE TIGARD WATER DISTRICT, AND APPROVE THE SECOND AMENDMENT TO THE CITY OF DURHAM Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 12 INTERGOVERNMENTAL AGREEMENT DATED 12/23/1993, TO EXECUTE THE TENANTS IN COMMON AGREEMENTS FOR THE WATER BUILDING PROPERTY AND THE CANTERBURY PROPERTY, AND TO EXECUTE THE BARGAIN AND SALE DEEDS FOR THE CANTERBURY PROPERTY AND WATER BUILDING PROPERTY FROM TIGARD WATER DISTRICT TO INTERGOVERNMENTAL WATER BOARD MEMBER JURISDICTIONS AS TENANTS IN COMMON. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 9. SELECT AN ELECTION DATE FOR THE CITY COUNCILOR POSITION AND REEVALUATE THE NOMINATION PETITION FILING DEADLINE Councilor Wilson left the Council bench and did not participate in the discussion on this agenda item. Mayor Dirksen reviewed the background on this item. A copy of the staff report is on file in the City Recorder's office. City Attorney Ramis confirmed for the City Council that it would have the authority to substitute an appointment process rather than to hold an election if only one candidate files by the July 9 deadline. Mayor Dirksen asked Mr. Potthoff, a candidate for this Council position, for his comments. Mr. Potthoff advised he was prompted to become a City Councilor candidate since he requested the City Council make this an open process to fill the seat vacated by Councilor Harding. He said if the Council decided to move the eligibility date for Council candidates to file for a November election, this would in no way offend him. He said the City would be better served with a competitive election as there are serious issues to discuss. Mr. Potthoff added that if the Council decides to hold an election in November for the City Councilor election, he suggests the citizens of Tigard be asked to vote on the business tax increase. The voters might welcome the opportunity to vote. He said he questioned whether 100 percent of the increase should go to the Police Department. Mr. Potthoff acknowledged that the police budget is tight, but this department also fared well in gaining an increase in the recently adopted budget. Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 13 Council decided to wait until the July 10, 2007, meeting to consider the resolution calling for a special election to elect a Councilor. This would give the time needed to determine if there are any other candidates for the position. Councilor Wilson returned to the Council bench to participate in the remainder of the meeting. 10. COUNCIL LIAISON REPORTS: None. 11. NON-AGENDA ITEMS 11.1 Consider 4`" of July Funding Request FY 2006/07 City Manager Prosser reviewed this agenda item. A June 22, 2007, memorandum from Risk Manager Mills had been distributed to the Council that outlined the additional funding request to pay for insurance for this year's event. A copy of this memorandum is on file in the City Recorder's office. Councilor Sherwood advised she used to serve on the committee that sponsors this event. She urged support for the request noting the event is free to everyone and well patrolled. Councilor Buchner said she thought it was a reasonable request. Councilor Woodruff agreed that while the request was reasonable, he did have some concern regarding setting a precedent should other event sponsors want this type of financial assistance as well. During discussion, Council members acknowledged that the issue with the insurance premium happened suddenly. Now, the 4`'' of July event is almost here and the City could assist with additional funding for the insurance premium this year. It does not mean, however, that this will be a cost the City would automatically cover every year. City Manager Prosser noted it became apparent that there would be the insurance premium expense after the call to committees to present their requests during the budget process. He acknowledged that this will be an issue the Council might need to deal with next year. Motion by Councilor Buchner, seconded by Councilor Woodruff, to adopt Resolution No. 07-43. A RESOLUTION APPROVING BUDGET AMENDMENT #16 TO THE FY 2006-07 BUDGET TO INCREASE APPROPRIATIONS IN THE SOCIAL SERVICES/COMMUNITY EVENTS BUDGET WITHIN THE COMMUNITY SERVICES PROGRAM FOR ONE-TIME ADDITIONAL FUNDS TO THE TIGARD 4:r,-, OF JULY The motion was approved by a unanimous vote of Council present. Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 14 Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 11.2 LOCAL CONTRACT REVIEW BOARD: Approve the Purchase of Five (5) Ford Crown Victoria Police Interceptors through State of Oregon Contract #3196 City Manager Prosser reviewed for the Local Contract Review Board the request to purchase five police vehicles. By ordering the vehicles prior to June 28, 2007, the City will avoid an additional markup of nearly $1,000 per vehicle after that date. A copy of the staff report is on file in the City Recorder's office. Motion by Board member Woodruff, seconded by Board member Buehner, to approve the purchase of the five Ford Crown Victoria Police Interceptors. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 12. EXECUTIVE SESSION: Not held. 13. ADJOURNMENT Motion by Councilor Woodruff, seconded by Councilor Sherwood, to adjourn the meeting at 9:22 p.m. The motion was approved by a unanimous vote of Council present. Mayor Dirksen Yes Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 15 n-e Catherine Wheatley, City Recorder Attest: Mayor, ~ ty of Tigard Date: y' a%' Oy7 hadm\cathy\ccm\2007\070626,doc Tigard City Council and Local Contract Review Board Meeting Minutes - June 26, 2007 page 16 Agenda Item No. S Tu Meeting of. - MEMORANDUM ..6 TO: Mayor and City Council FROM: Brian Blalock, Building Official RE: Building Valuation Data Table DATE: June 8, 2007 The purpose of this memo is to present background information on new legislation and provide a basic understanding of the use of the Building Valuation Data Table. Background: For the purposes of determining the building permit fees for the construction of new buildings and additions, Oregon Administrative Rules (OAR) 918-050-100 and 918-050-110 require the City to use the most current version of a nationally published Building Valuation Data Table (Data Table). The Data Table assigns a per square foot value to buildings to determine a total valuation for the new building. The total valuation is applied to City of Tigard's Fees and Charges Schedule to determine the permit fee for the new building or addition. The previous Data Table was pulished by the International Council of Building Officials (ICBO). The organization has since changed it's name to the International Code Council (ICC). The Data Table is published twice a year and includes increases which reflect rising cost of construction and the end product value. The increases in the Data Table are small percentages and the Home Builders Association has been informed and agreed to the gradual increases with the understanding that the Building Official would monitor and adjust fees if the increases were excessive. Staff recommends adoption of the proposed resolution to use the most current Building Valuation Data Table. The Building Official will monitor fees to assure that increases to the Data Table are not higher than would be consistent with Council policies related to cost recovery and reserve fund balances. Attached is a copy of the Notice of Permanent Rules that are effective July 1, 2007. Agenda Item # , ad /an Meeting Date June 2e 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Discuss Proposal for Tigard Municipal Code Amendment to Require All or Some of the Chief Petitioners for a City of Tigard Initiative, Referendum or Recall Process be Residents or City Electors of the City of Tigard Prepared BY: Cathy Wheatle Dept Head Approval: City Mg* Approval: C)e ISSUE BEFORE THE COUNCIL Does City Council want to amend the Tigard Municipal Code to require all or some of the chief petitioners for a City of Tigard initiative, referendum, or recall process be residents or City electors of the City of Tigard? STAFF RECOMMENDATION Review the information presented by staff on what has been done in other municipalities. Give direction to staff whether to proceed with a proposed ordinance. If staff is directed to draft an ordinance, the ordinance could be scheduled for Council consideration on July 10, 2007. KEY FACTS AND INFORMATION SUMMARY ■ Mayor Dirksen asked staff to research and propose an amendment to the Tigard Municipal Code, which would require chief petitioners of a City of Tigard initiative, referendum or recall to be residents or City electors of the City of Tigard. ■ Staff asked other Oregon cities if there were any similar local legislation adopted recently. The City of Central Point and the City of Sherwood responded and provided the wording they each adopted in 2004: o Central Point: No petition for initiative or ivjerendum filed p ith the city shall be valid unless all chieef petitionerr are residents of the city at the time of filing and remain residents of the city through the entire initiative and referendum process, including the election. o Sherwood: Before dimlating a petition proposing an initiative for city legislation, the chiefpetitioners must file a prospective petition mith the recorder. The recorder n ill provide the form showing.- 1. The signatures, printed names and mailing addresses of at least one and not more than three chief petitioners, all of whom must be ci, electors... ■ The Central Point option requiring chief petitioners to be City residents is less restrictive than requiring the chief petitioners to be City electors. Council, if it decides to amend the Tigard Municipal Code, should indicate which option it would prefer. OTHER ALTERNATIVES CONSIDERED Propose additional language for a draft ordinance. CITY COUNCIL GOALS N/A ATTACHMENT LIST None FISCAL NOTES N/A iAadmtpacket'07t070626tcounc11 agenda item summary sheet 07 - study session - chief petitioners.doc Building Codes Division Notice of Permanent Rules Working with Oregonians to ensure safe building July 1, 2007 construction while supporting a positive Tri-county structural permit fee business climate. methodology Purpose of the rules: These rules enable the tri-county region to use the current International Code Council (ICC) building valuation data table to calculate structural permit fees for new construction and additions in the region. Effective date: July 1, 2007. Citations: Amending OAR 918-050-0100 and 918-050-0110. Contact: If you have questions or need further information, please contact Joanie Stevens-Schwenger, Tri-County Services Manager, at ioanie.m.stevens-schwen(-,er@state.or.us or by telephone at 503-373-1313. Building Codes Division ♦ Department of Consumer and Business Services ♦ State of Oregon 1535 Edgewater St. NW, Salem, Oregon P.O. Box 14470, Salem, OR 97309-0404 (503) 378-4133 ♦ TTY (503) 373-1358 Fax (503) 378-2322 ♦ bcd.oregon.gov 918-050-0100 2005, f. 12-30-05, cert. ef. 1-1-06; BCD 4-2007, f. 5-11- Tri-County Regional Fee Methodology for Residential 07, cert. ef. 7-1-07 Permits All municipalities in the Tri-county region shall use 918-050-0110 the following methodologies consistent with the Tri-County Regional Fee Methodology for terminology of the state building code to calculate permit Commercial Permits fees for residential construction. All municipalities in the Tri-county region shall use (1) Plumbing permit fees for new construction the following methodologies consistent with the include one kitchen and are based on the number of terminology of the state building code to calculate permit bathrooms, from one to three, on a graduated scale. An fees for commercial structures. additional set fee shall be assessed for each additional (1) Plumbing permit fees shall be calculated based on bath or kitchen. the number of fixtures and footage of piping with a set (a) An additional fee shall not be charged for the first minimum fee. The plan review fee shall be calculated 100 feet of water and sewer lines, hose bibbs, icemakers, separately based on a predetermined percent of the permit underfloor low-point drains and rain drain packages that fee as set by the local jurisdiction. include the piping, gutters, downspouts and perimeter (2) Mechanical permit fees shall be determined based system. on the value of the mechanical equipment and installation (b) Fee does not include: costs and applied to the jurisdiction's fee schedule with a (A) Any storm water retention/detention facility; set minimum fee. The plan review fee shall be based on a (B) Irrigation and fire suppression systems; or predetermined percentage of the permit fee as set by the (C) Additional water, sewer and service piping or local jurisdiction. private storm drainage systems exceeding the first 100 (3) Effective July 1, 2007, structural permit fees shall feet. be calculated using the most current ICC Building (c) Additions, alterations and repairs shall be Valuation Data Table, using the occupancy and calculated based on the number of fixtures, appurtenances construction type as determined by the building official, and piping with a set minimum fee. multiplied by the square footage of the structure to (2) All mechanical permit fees shall be calculated per determine the valuation, or value as stated by the appliance and related equipment with a set minimum fee. applicant, whichever is greater, to determine the (3) Effective July 1, 2007, structural permit fees for valuation. The valuation shall then be applied. to the new construction and additions shall be calculated using jurisdiction's fee schedule to determine the permit fee, the most current ICC Building Valuation Data Table, with a set minimum fee. When the construction or multiplied by the square footage of the dwelling to occupancy type does not fit the ICC Building Valuation determine the valuation. The valuation shall then be Data Table, the valuation shall be determined by the applied to the jurisdiction's fee schedule to determine the building official with input from the applicant. The plan permit fee. The plan review fee shall be based on a review fee shall be based on a predetermined percentage predetermined percentage of the permit fee as set by the of the permit fee as set by the local jurisdiction. local jurisdiction. (4) Additional local administrative fees or other local (a) The square footage of a dwelling, addition, or fees shall not be added to the cost of the building permit. garage shall be determined from outside exterior wall to outside exterior wall for each level. The square footage of Star. Auth.: ORS 455.046 & 455.048 carports, covered porches or patios and decks shall be Stats. Implemented: ORS 455.046 & 455.048 calculated separately at fifty percent of the value of Hist.: BCD 9-2000, f. 6-15-00, cert. ef. 10-1-00; BCD 31- private garages from the most current ICC Building 2005, f. 12-30-05, cert. ef. 1-1-06; BCD 4-2007, f. 5-11- Valuation Data Table. 07, cert. ef. 7-1-07 (b) Permit fees for remodels and alterations shall be calculated using the valuation determined by the fair market value as determined by the building official, and applied to the jurisdiction's fee table. (4) Additional local administrative fees or other local fees shall not be added to the cost of the building permit, except those administrative fees adopted by a municipality for plan reviews performed by licensed plan reviewers accepted pursuant to ORS 455.465. Star. Auth.: ORS 455.046 & 455.048 Stats. Implemented: ORS 455.046 & 455.048 Hist.: BCD 9-2000, f. 6-15-00, cert. ef. 10-1-00; BCD 31- 1 Building Valuation Data Square Foot Construction Costs table does not reflect accurate (1 year) is the sum of each building's value (Gross Area x values for that purpose. However, the Square Foot Construc- Square Foot Construction Cost) for that time period (e.g., 1 tion Costs table can be used to determine the cost of an addi- year). tion.that is basically a stand-alone building which happens to • The Square Foot Construction Cost does not include the price be attached to an existing building. In the case of such addi- of the land on which the building is built. The Square Foot Con- tions, the only alterations to the existing building would involve struction Cost takes into account everything from site and foun- the attachment of the addition to the existing building and the dation work to the roof structure and coverings but does not openings between the addition and the existing building. include the price of the land. The cost of the land does not • For purposes of establishing the Permit Fee Multiplier, the es- affect the cost of related code enforcement activities and is not timated total annual construction value for a given time period included in the Square Foot Construction Cost. Square Foot Construction Costs"," Group (2006 International Building Code) Type of Construction IA IB IIA IIB IIIA 1116 IV--- VA VB A-1 Assembly, theaters, with stage 190.99 184.82 180.21 172.74 160.21 159.43 )167.13 148.15 142.63 Assembly, theaters, without stage 176.23 170.05 165.44 157.97 145.44 144.66 152.37 133.39 127.86 A-2 Assembly, nightclubs 147.10 142.97 139.34 133.91 124.28 124.03 129.21 114.30 110.46 A-2 Assembly, restaurants, bars, banquet halls 146.10 141.97 137.34 132.91 122.28 123.03 128.21 112.30 109.46 A-3 Assembly, churches 176.78 170.61 165.99 158.53 145.96 145.18 152.92 133.90 128.38 A-3 Assembly, general, community halls, 150.51 144.34 138.73 132.26 118.68 118.90 126.65 106.63 102.10 libraries, museums A-4 Assembly, arenas 175.23 169.05 163.44 156.97 143.44 143.66 151.37 131.39 126.86 B Business 152.75 147.34 142.69 136.02 121.77 120.96 130.77 108.80 104.41 E Educational 162.06 156.56 152.07 145.29 134.07 130.89 140.53 119.73 115.17 F-1 Factory and industrial, moderate hazard 90.96 86.79 82.13 79.44 68.74 69.66 76.24 58.56 55.46 F-2 Factory and industrial, low hazard 89.96 85.79 82.13 78.44 68.74 68.66 75.24 58.56 54.46 H-1 High Hazard, explosives 85.25 81.08 77.42 73.73 64.21 64.13 70.53 54.03 N.P. H234 High Hazard 85.25 81.08 77.42 73.73 64.21 64.13 70.53 54.03 49.93 H-5 HPM 152.75 147.34 142.69 136.02 121.77 120.96 130.77 108.80 104.41 1-1 Institutional, supervised environment 150.33 145.20 141.34 135.63 124.49 124.44 134.70 114.51 109.96 1-2 Institutional, hospitals 253.93 248.52 243.87 237.20 222.34 N.P. 231.95 209.39 N. P. 1-2 Institutional, nursing homes 177.55 172.14 167.49 160.82 147.00 N. P. 155.58 134.05 N. P. 1-3 Institutional, restrained 173.39 167.98 163.32 156.66 143.67 141.88 151.41 130.72 124.33 1-4 Institutional, day care facilities 150.33 145.20 141.34 135.63 124.49 124.44 134.70 114.51 109.96 M Mercantile 109.31 105.19 100.56 96.13 86.08 86.83 91.43 76.10 73.26 R-1 Residential, hotels 150.84 145.71 141.85 136.14 125.10 125.05 135.31 115.12 110.57 R-2 Residential, multiple family 126.43 121.30 117.44 111.73 100.81 100.77 111.02 90.83. 86.28 R-3 Residential, one- and two-family 119.76 116.47 113.63 110.52 105.39 105.13 108.64 99.79 94.06 R-4 Residential, care/assisted living facilities 150.33 145.20 141.34 135.63 124.49 124.44 134.70 114.51 109.96 S-1 Storage, moderate hazard 84.25 80.08 75.42 72.73 62.21 63.13 69.53 52.03 48.93 S-2 Storage, low hazard 83.25 79.08 75.42 71.73 62.21 62.13 68.53 52.03 47.93 U Utility, miscellaneous 64.30 60.80 57.19 54.31 47.22 47.22 50.70 38.76 36.91 a. Private Garages use Utility, miscellaneous b. Unfinished basements (all use group) _ $15.00 per sq. ft. c. For shell only buildings deduct 20 percent. d. N.P. = not permitted 54 Building Safety Journal February 2007 Agenda Item # ~54 A6 zmA Meeting Date Tune 26, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Discuss Council Groundrules Prepared By: Cathy Wheatley~n Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL The periodic review by the City Council of its groundrules. STAFF RECOMMENDATION Review current groundrules, Resolution No. 06-51, and direct staff to make any changes needed. KEY FACTS AND INFORMATION SUMMARY ■ Council periodically reviews its groundrules around July of each year to determine whether the current groundrules need amendment. ■ If the City Council determines adjustments should be made to the groundrules staff will prepare a draft resolution reflecting the City CounciPs direction for consideration by the City Council at an upcoming business meeting. OTHER ALTERNATIVES CONSIDERED Do not amend the groundrules at this time. CITY COUNCIL GOALS Improve Council communications. ATTACHMENT LIST None. FISCAL NOTES N/A I:\edm\packet'07\070020\council agenda item summary sheet 07 - study session - council groundrules.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO.06-5 / A RESOLUTION AMENDING THE COUNCIL GROUNDRULES (EXHIBIT A) AND SUPERSEDING RESOLUTION NO. 04-83 WHEREAS, the Council periodically reviews Council Groundrules; and WHEREAS, on July 11, 2006, the City Council discussed its groundrules whereby support was expressed to add a statement to the Groundrules: "Council members should attempt to give at least 24 hours' notice, by advising the City Manager and the City Recorder of a request to remove a Consent Agenda item for separate discussion." NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council hereby revises the Council Groundrules as described in the attached Exhibit A, Page 6, with the following wording shown in the Council Agenda and Packet Information section: • Council members should attempt to give at least 24 hours' notice, by advising the City Manager and the City Recorder of a request to remove a Consent Agenda item for separate discussion. SECTION 2: The attached City Council Groundrules supersede the City Council Groundrules adopted by Resolution No. 04-83. SECTION 3: This resolution is effective immediately upon passage. PASSED: This J _ day o€ C~ 2006. er Mayor - ity of Tigard ATTEST: City Recorder - City of Tigard 1.tadmlpacket WN06082AMUndl gmwdmles • msolutlon.doc RESOLUTION NO. 06 - Page 1 EXHIBIT A Resolution No. 06~ CITY COUNCIL GROUNDRULES AND AGENDA PROCESS The following information is intended to assist with preparation for and the conduct of City Council meetings. The City Charter, Article N, Section 13, contains regulations that govern Council meetings. The Groundrules describe the process followed by Council in scheduling and conducting meetings. Council/Mayor Roles • The Mayor, or in the absence of the Mayor, the Council President, shall be the Presiding Officer at all meetings. The Presiding Officer shall conduct all meetings, preserve order, enforce the rules of the Council and determine the order and length of discussion on any matter before the Council, subject to these rules. The Presiding Officer may move, second, debate' and vote and shall not be deprived of any of the rights and privileges of a Councilor. The Presiding Officer shall sign all ordinances, resolutions, contracts and other documents, except where authority to sign certain contracts and other documents has been delegated to the City Manager and all documents shall be attested to by the City Recorder. The Mayor shall appoint the committees provided by the Rules of Council. • In all other actions, decisions and other matters relating to the conduct of business of the City, the Mayor or President shall have no more or less authority than any other Council member. For the purposes of this written procedure any reference to the Council (unless otherwise specifically noted to the contrary) will include the Mayor, President and Council members. Conduct of City Meetings • Council will meet at least once a month. Regularly scheduled meetings shall be on the second, third, and fourth Tuesdays of each month. • The Council meetings on the second and fourth Tuesdays are "Business" meetings; the Council meetings on the third Tuesday of the month are "Workshop" meetings unless otherwise designated by the City Council. • Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m. at the established place of meeting. On the second and fourth Tuesdays the meetings will begin with a Study Session following by the Business meeting. On the third Tuesday, the Workshop meeting will begin at 6:30 p.m. 1 • Roll Call/Voting Order: The roll shall be called in alphabetical order by last name. At each succeeding meeting at which a roll call vote is taken, the council person who voted last during the previous meeting, shall vote first and the Council person who voted first during the preceding meeting shall vote second and so on in a rotating fashion. It is the intent that the voting order remain fixed for each meeting and that a different Council person shall vote last during each separate meeting for the duration of the meeting. • Charter Section 19 provides that'the concurrence of a majority of the members of the Council present and voting, when a quorum of the Council is present, at a Council meeting shall be necessary to decide any question before the Council.' A Council member who abstains or passes shall be considered present for determining whether a quorum exists, but shall not be counted as voting. Therefore, abstentions and'passes' shall not be counted in the total vote and only votes in favor of or against a measure shall be counted in determining whether a measure receives a majority. • The Chair, or other members if the Chair fails to remember, shall call for a Point of Order at or around 9:30 p.m. to review remaining items on the agenda with the Council. The Council may reset or reschedule those items, which it feels may not be reached prior to the regular time of adjournment. • The Council's goal is to adjourn prior to 10 p. m. unless extended by majority consent of all Council members then present. If not continued by majority consent, then the meeting shall be adjourned to either the next scheduled meeting or the meeting shall be continued to a special meeting on another date. • Definitions - Meeting Types, Study Sessions and Executive Sessions: > BUSINESS MEETINGS: Business meetings are regular meetings where Council may deliberate toward a final decision on an agenda item including consideration of ordinances, resolutions & conducting public hearings. Business meetings are open to the public. The regularly scheduled business meetings are televised. Business meetings are generally scheduled to begin at 7:30 p.m. with a study session preceding the Business Meeting at 6:30 p.m. Study Sessions are a workshop-type of meeting (see definition below) which also provide an opportunity for the Council to review the business 2 meeting agenda and to ask questions for clarification on issues or on process. Study Sessions are open to the public. All Council meetings are open to the public with the exception of Executive Sessions. Executive Sessions can be called under certain circumstances and topics are limited to those defined by ORS 192.660. The "Citizen Communication" portion of the agenda is a regular feature on the Council Business meetings. This item will be placed near the beginning of the Council Agenda to give citizens a chance to introduce a topic to the City Council. Citizen Communications are limited to two minutes in length and must be directed to topics that are not on the Council Agenda for that meeting. - At the conclusion of the Citizen Communication period, either the Mayor, a Council member or staff member will comment what, if any, follow-up action will be taken to respond to each issue. At the beginning of Citizen Communication at the next business meeting, staff will update the Council and community on the review of the issue(s), the action taken to address the issue, and a statement of what additional action is planned. Council may decide to refer an issue to staff and/or schedule the topic for a later Council meeting. > WORKSHOP MEETING: Workshop meetings are regular meetings where Council reviews and discusses agenda topics with no intent of deliberating toward a final decision during the meeting. Workshop meetings are not currently scheduled to be televised but are open to the public. Workshop agenda items are generally topics which Council is receiving preliminary information on and providing direction for further staff analysis and information gathering for a later business meeting. Workshop topics may also include discussions with standing boards and committees, as well as other governmental units. Appropriate topics for Workshop meetings include: Introduce a Topic: Staff will bring up new items to determine . whether Council wants to entertain further discussion and whether to schedule the topic as an item on a future agenda. Educational Meetings: Council will review research information presented by staff, consultants, or task forces - usually as a process check; i.e., is the issue on the right "track"? 3 Meet with individuals from City boards and committees or other jurisdictions to discuss items of common interest (examples: other Councils, the School District, and other officials). Administrative Updates: Items such as calendar information, scheduling preferences, process checks. > STUDY SESSIONS: Study Sessions precede or follow a Business Meeting or Workshop Meeting. As stated above, they are conducted in a Workshop-type setting to provide an opportunity for Council to review the Business Meeting Agenda and to ask questions for clarification on issues or on process. Information is also shared on items that are time sensitive. During Study Sessions, any Council member may call fora Point of Order whenever he or she wishes to stop the "discussion" because he or she feels that it is more appropriate for the City Council to discuss the matter during the Council meeting. If a Point of Order is raised, the City Council will discuss the Point of Order and determine whether the "discussion" should continue on or be held during the Council meeting. The decision on whether to continue the "discussion" or not shall be determined by the majority consensus of the Council members present. If Council discusses a Council Agenda Topic in. a Study Session prior to that Council meeting, either the Presiding Officer or City Manager will briefly state at the introduction of the Agenda Topic, the fact that Council discussed the topic in the Study Session and mention the key points of the discussion. > EXECUTIVE SESSIONS: Meetings conducted by the Council, City Manager, and appropriate staff for deliberation on certain matters in a setting closed to the public. Executive Sessions may be held during a regular, special or emergency meeting after the Presiding Officer has identified the ORS authorization for holding the Executive Session. Among the permitted topics are employment of a public officer, deliberations with the persons designated by the Council to carry on labor negotiations, deliberations with persons designated to negotiate real property transactions, and to consult with legal counsel regarding current litigation or litigation likely to be filed. Policy Regarding Interrelationships Between the City Council and Its Appointed Commissions. Boards or Committees (hereinafter referred to as `Boards") • The Council shall follow the Procedure for Recruitment and Appointments, to Boards and Committees established in Resolution No. 95-60. 4 • Appointments to any committees not covered by Resolution No. 95-60 shall be made following the procedure provided within the Resolution or Ordinance, which created the committee. • Appointments to intergovernmental committees shall be made by Council Action. • Appointments of Council members to internal City committees as the Council Liaison shall be made by the City Council. • It is Council policy to make known to the public, by notice in the Cityscape, of the occurrence of vacancies on City boards for the purpose of informing persons who may be interested in appointment. • Council will entertain regular representation by persons outside the City on those boards, which provide for such non-city membership. • The Mayor and one Council member will serve on the Mayor's Appointment Advisory Committee for the purpose of interviewing and recommending potential board members. Council members will serve on this Committee with the Mayor on a rotated basis for a term of six months. Terms shall begin January 1 and July 1 Communications Between City Councilors, City Manager and Staff • Councilors are encouraged to maintain open communications with the City Manager, both as a group and individually in one-on-one sessions. • Councilors are encouraged to direct inquiries through the City Manager, giving as much information as possible to ensure a thorough response. • In the absence of the City Manager, Councilors are encouraged to contact the Assistant to the City Manager. In the absence of both the City Manager and the Assistant to the City Manager, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City Manager. • Contacts below the Department Head are discouraged due to the possible disruption of work, confusion on priorities, and limited scope of response. 5 Council Agendas and Packet Information • The City Manager will schedule agenda items while attempting to maintain balanced agendas to allow for discussion of topics while meeting the established 10 p.m. adjournment time. • The City Manager will schedule items allowing time for staff research and the agenda cycle deadlines. e The agenda cycle calls for submittal of items 10 days in advance of a Council meeting. Add-ons are to be minimized, as well as handouts distributed at the start of meetings, except Executive Sessions. • Councilors and staff will prepare in advance of public meetings and issues should be presented fully in packets. • Council is supportive of the role staff should play in offering professional recommendations. Staff is aware of Council's right to make final decisions after considering the staff recommendation, public input, the record and Council deliberation on the matter. • Council members should attempt to give at least 24 hours' notice, by advising the City Manager and the City Recorder of a request to remove a Consent Agenda item for separate discussion. Communications Among Councilors • Councilors are encouraged to suggest agenda topics at the bench or to contact the City Manager about scheduling an item into the Tentative Agenda. • Add-on Agenda items should be brought up at the start of the meeting and generally considered only if continuing to a later agenda is not appropriate. • Requests for legislative action of Council may be initiated by an individual Council member during a Council meeting. The City Manager will respond to the request consistent with resources and priorities, or refer the question of scheduling to Council as a whole. 6 Communications with Community/General Public • Councilors and the General Public are reminded of the Agenda cycle and cut-off dates. Administrative staff is available to explain how public issues are handled and how citizen input may be accomplished. • "Official" communication should come through City Hall and be provided by the City Manager. Direct submittal or inquiries to the Council or individual Councilors should be referred to the City Manager or Councilors may ask the City Manager to look into an issue. • Official "press releases" are encouraged, both to assure accurate reporting and to advise Council and Staff of the official position communicated to the press. Press releases are through the City Manager's Office. General • Councilors are always Councilors in the eyes of the Administration, never simply private citizens. Thus, Councilors are always treated by Administration as Council members. • Information that "affects" the Council should go to Council. The City Manager is to decide on "gray areas," but too much information is preferable to too little. • Budget cuts or increases are policy decisions. Budgets will not be cut "piece meal" or "across the board," but rather should be made in service or program areas, giving staff full opportunity to provide data clearly defining the anticipated impact of the action. • It is the policy of the Council that if Councilors are contacted regarding labor relations during labor negotiations or conflict resolution proceedings, then Councilors have no comment. • Councilors and the City Manager agree to report and discuss any contact, which might affect labor relations with the entire Council in Executive Session. • The Council Groundrules will be submitted for review by Council each year either in the July or August Workshop Meeting. The Groundrules can be reviewed and revised at any other time in the year when a specific issue or issues are identified requiring action prior to the established review period. I:~adm~CaUrykouncONgM dmIuNcounc4imIn.en.mvlsed 2006.doe AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: June 26, 2007 (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 wn'tten and oral testimony becomes part of the public record. The names and addresses ofpersons 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: ro- F0- / O/~ /o IS 610,UV E C T02 Also, please spell your name as it sounds, if it will help the presiding officer pronounce: (I -/k 1V- ) Address 11710 50 11,oiJ Z, ~/7Y Co UVC le-O e city 7 6L ig/) S 4'~Clr~-~ 'FL'rCTM State Zip 7Z2-Phone No. 50 3 - F9-3 (F 4 Name: 4 ~4 '~'CV' Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City 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 AGENDA ITEM # - 02 FOR AGENDA OF X26.07 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amendment to Affordable Housing Fee Assistance Program PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council amend the guidelines for the award of affordable housing fee assistance funds by adding a provision that any funds not allocated during a budget year will be donated to the Community Housing Fund of Washington County? STAFF RECOMMENDATION Staff recommends Council implement whatever decision it reached regarding this matter at its week-ago, June 19, 2007, meeting. INFORMATION SUMMARY This is a follow-up to a discussion held at the June 19, 2007, workshop meeting where Council was presented with options for amending the Affordable Housing Fee Assistance Program guidelines. These options included: 1. Any funds not allocated during a funding year will be donated to the Community Housing Fund of Washington County. 2. Any funds not allocated during a funding year will be donated to the Community Housing Fund of Washington County under the condition that any such (City-contributed) dollars xvill be reserved for projects located inside Tigard. 3. Do not amend the program guidelines. Should Council decide on June 19th to amend the fee assistance program, a staff-prepared resolution implementing this decision will be placed in Council's June 22"' newsletter. Should Council decide against changing the program, no action at the June 26`h meeting will be necessary. OTHER ALTERNATIVES CONSIDERED NA COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The agenda item does not appear to address a Council 2007 goal, but does address a Council-adopted program. ATTACHMENT LIST NA FISCAL NOTES The City annually sets aside $10,000 in the Events and Social Services Fund to help reduce fees and charges on affordable housing development. The present proposal would not increase that amount, but instead would direct that any funds not allocated during a budget year would be contributed to the Community Housing Fund of Washington County. i/Irpln/council materials/6-26-07 affordable housing amendments Agenda Item # ' Meeting Date June 26, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Building Valuation Data Table oo Prepared By: Brian Blalock Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall City Council approve a resolution requiring the use of a state adopted table to calculate building permit fees. STAFF RECOMMENDATION Adopt new resolution regarding building permit fee calculation. KEY FACTS AND INFORMATION SUMMARY A new Oregon Administrative Rule requires building divisions in the tri-county region to use a specific valuation table to calculate building permit fees. The previous City of Tigard resolution regarding fee calculation, required the use of a similar table. The new rule only changes the name of the organization producing the table. OTHER ALTERNATIVES CONSIDERED NA. CITY COUNCIL GOALS NA ATTACHMENT LIST 1. Memo to Council 2. Proposed Resolution 3. Existing Resolution 4. Building Valuation Data Table. FISCAL NOTES No cost to the city \Vig20~netpubVlg20\w root\fomsVorm docelcoundi agenda item summary sheet 07.doc ATTACHMENT 1 MEMORANDUM TO: Mayor and City Council FROM: Brian Blalock, Building Official RE: Building Valuation Data Table DATE: June 8, 2007 The purpose of this memo is to present background information on new legislation and provide a basic understanding of the use of the Building Valuation Data Table. Background: For the purposes of determining the building permit fees for the construction of new buildings and additions, Oregon Administrative Rules (OAR) 918-050-100 and 918-050-110 require the City to use the most current version of a nationally published Building Valuation Data Table (Data Table). The Data Table assigns a per square foot value to buildings to determine a total valuation for the new building. The total valuation is applied to City of Tigard's Fees and Charges Schedule to determine the permit fee for the new building or addition. The previous Data Table was pulished by the International Council of Building Officials (ICBO). The organization has since changed it's name to the International Code Council (ICC). The Data Table is published twice a year and includes increases which reflect rising cost of construction and the end product value. The increases in the Data Table are small percentages and the Home Builders Association has been informed and agreed to the gradual increases with the understanding that the Building Official would monitor and adjust fees if the increases were excessive. Staff recommends adoption of the proposed resolution to use the most current Building Valuation Data Table. The Building Official will monitor fees to assure that increases to the Data Table are not higher than would be consistent with Council policies related to cost recovery and reserve fund balances. Attached is a copy of the Notice of Permanent Rules that are effective July 1, 2007. ATTACHMENT 3 CITY OF TIGARD, OREGON RESOLUTION NO. 00- CD 1 A RESOLUTION MODIFYING EXISTING FEE CALCULATION METHODOLOGY FOR BUILDING PERMITS AND COMMERCIAL MECHANICAL PERMITS WHEREAS, the past Legislative Session introduced Senate Bill 512 that created the Tri-County Building Services Industry Board; and WHEREAS, the board developed rules to standardize processes throughout jurisdictions in Washington, Clackamas, and Multnomah counties; and. WHEREAS, the board standardized the methodology jurisdictions use to calculate permit fees; and WHEREAS, the SB 512 rule states that these changes shall be fee neutral; and WHEREAS, the new rule states that building permits shall be calculated using the most current ICBO Building Valuation Data report without the Oregon modifier; and WHEREAS, tie commercial mechanical permit fees must be determined based on the valuation of work to be performed rather than by appliance ba td; and WHEREAS, the Building Division has modified both the building and mechanical fee schedules to conform to the new rules of Senate Bill 512; and WHEREAS, the rules go into effect on October 1, 2000, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that the building permit fee schedule, attached hereto as Exhibit A, and the commercial mechanical permit fee schedule, attached hereto as Exhibit B and Exhibit C, are approved and become effective October 1, 2000. PASSED: This day oA2000. Tyor - City of g ATTEST: City Recorder - City of Tigard RESOLUTION NO.00-.Lf/ Page 1 Building Codes Division Notice of Permanent Rules Working with Oregonians Jul 1, 2007 to ensure safe building y construction while supporting a positive Trl-county structural permit fee business climate. methodology Purpose of the rules: These rules enable the tri-county region to use the current International Code Council (ICC) building valuation data table to calculate structural permit fees for new construction and additions in the region. Effective date: July 1, 2007. Citations: Amending OAR 918-050-0100 and 918-050-0110. Contact: If you have questions or need further information, please contact Joanie Stevens-Schwenger, Tri-County Services Manager, at joanie.m.Stevens-schwen_Jer@state.or.us or by telephone at 503-373-1313. Building Codes Division ♦ Department of Consumer and Business Services ♦ State of Oregon 1535 Edgewater St. NW, Salem, Oregon ♦ P.O. Box 14470, Salem, OR 97309-0404 (503) 378-4133 ♦ TTY (503) 373-1358 ♦ Fax (503) 378-2322 ♦ bcd.oregon.gov 918-050-0100 2005, f. 12-30-05, cert. ef. 1-1-06; BCD 4-2007, f. 5-11- Tri-County Regional Fee Methodology for Residential 07, cert. ef. 7-1-07 Permits All municipalities in the Tri-county region shall use 918-050-0110 the following methodologies consistent with the Tri-County Regional Fee Methodology for terminology of the state building code to calculate permit Commercial Permits fees for residential construction. All municipalities in the Tri-county region shall use (1) Plumbing permit fees for new construction the following methodologies consistent with the include one kitchen and are based on the number of terminology of the state building code to calculate permit bathrooms, from one to three, on a graduated scale. An fees for commercial structures. additional set fee shall be assessed for each additional (1) Plumbing permit fees shall be calculated based on bath or kitchen. the number of fixtures and footage of piping with a set (a) An additional fee shall not be charged for the first minimum fee. The plan review fee shall be calculated 100 feet of water and sewer lines, hose bibbs, icemakers, separately based on a predetermined percent of the permit underfloor low-point drains and rain drain packages that fee as set by the local jurisdiction. include the piping, gutters, downspouts and perimeter (2) Mechanical permit fees shall be determined based system. on the value of the mechanical equipment and installation (b) Fee does not include: costs and applied to the jurisdiction's fee schedule with a (A) Any storm water retention/detention facility; set minimum fee. The plan review fee shall be based on a (B) Irrigation and fire suppression systems; or predetermined percentage of the permit fee as set by the (C) Additional water, sewer and service piping or local jurisdiction. private storm drainage systems exceeding the first 100 (3) Effective July 1, 2007, structural permit fees shall feet. be calculated using the most current ICC Building (c) Additions, alterations and repairs shall be Valuation Data Table, using the occupancy and calculated based on the number of fixtures, appurtenances construction type as determined by the building official, and piping with a set minimum fee. multiplied by the square footage of the structure to (2) All mechanical permit fees shall be calculated per determine the valuation, or value as stated by the appliance and related equipment with a set minimum fee. applicant, whichever is greater, to determine the (3) Effective July 1, 2007, structural permit fees for valuation. The valuation shall then be applied. to the new construction and additions shall be calculated using jurisdiction's fee schedule to determine the permit fee, the most current ICC Building Valuation Data Table, with a set minimum fee. When the construction or multiplied by the square footage of the dwelling to occupancy type does not fit the ICC Building Valuation determine the valuation. The valuation shall then be Data Table, the valuation shall be determined by the applied to the jurisdiction's fee schedule to determine the building official with input from the applicant. The plan permit fee. The plan review fee shall be based on a review fee shall be based on a predetermined percentage predetermined percentage of the permit fee as set by the of the permit fee as set by the local jurisdiction. local jurisdiction. __.J (4) Additional local administrative fees or other local (a) The square footage of a dwelling, addition, or fees shall not be added to the cost of the building permit. garage shall be determined from outside exterior wall to outside exterior wall for each level. The square footage of Stat. Auth.: ORS 455.046 & 455.048 carports, covered porches or patios and decks shall be Stats. Implemented: ORS 455.046 & 455.048 calculated separately at fifty percent of the value of Hist.: BCD 9-2000, f. 6-15-00, cert. ef. 10-1-00; BCD 31- private garages from the most current ICC Building 2005, f. 12-30-05, cert. ef. 1-1-06; BCD 4-2007, f. 5-11- Valuation Data Table. 07, cert. ef. 7-1-07 (b) Permit fees for remodels and alterations shall be calculated using the valuation determined by the fair market value as determined by the building official, and applied to the jurisdiction's fee table. (4) Additional local administrative fees or other local fees shall not be added to the cost of the building permit, except those administrative fees adopted by a municipality for plan reviews performed by licensed plan reviewers accepted pursuant to ORS 455.465. Stat. Auth.: ORS 455.046 & 455.048 Stats. Implemented: ORS 455.046 & 455.048 Hist.: BCD 9-2000, f. 6-15-00, cert. ef. 10-1-00; BCD 31- 1 ATTACHMENT 4 Building Valuation Data Square Foot Construction Costs table does not reflect accurate (1 year) is the sum of each building's value (Gross Area x values for that purpose. However, the Square Foot Construc- Square Foot Construction Cost) for that time period (e.g., 1 tion Costs table can be used to determine the cost of an addi- year). tion.that is basically a stand-alone building which happens to • The Square Foot Construction Cost does not include the price be attached to an existing building. In the case of such addi- of the land on which the building is built. The Square Foot Con- tions, the only alterations to the existing building would involve struction Cost takes into account everything from site and foun- the attachment of the addition to the existing building and the dation work to the roof structure and coverings but does not openings between the addition and the existing building. include the price of the land. The cost of the land does not • For purposes of establishing the Permit Fee Multiplier, the es- affect the cost of related code enforcement activities and is not timated total annual construction value for a given time period included in the Square Foot Construction Cost. Square Foot Construction Costs,, b, d Group (2006 International Building Code) Type of Construction IA IB IIA IIB 111A 1116 VA VB A-1 Assembly, theaters, with stage 190.99 184.82 180.21 172.74 160.21 159.43 167.13 148.15 142.63 Assembly, theaters, without stage 176.23 170.05 165.44 157.97 145.44 144.66 152.37 133.39 127.86 A-2 Assembly, nightclubs 147.10 142.97 139.34 133.91 124.28 124.03 129.21 114.30 110.46 A-2 Assembly, restaurants, bars, banquet halls 146.10 141.97 137.34 132.91 122.28 123.03 128.21 112.30 109.46 A-3 Assembly, churches 176.78 170.61 165.99 158.53 145.96 145.18 152.92 133.90 128.38 A-3 Assembly, general, community halls, 150.51 144.34 138.73 132.26 118.68 118.90 126.65 106.63 102.10 libraries, museums A-4 Assembly, arenas 175.23 169.05 163.44 156.97 143.44 143.66 151.37 131.39 126.86 B Business 152.75 147.34 142.69 136.02 121.77 120.96 130.77 108.80 104.41 E Educational 162.06 156.56 152.07 145.29 134.07 130.89 140.53 119.73 115.17 F-1 Factory and industrial, moderate hazard 90.96 86.79 82.13 79.44 68.74 69.66 76.24 58.56 55.46 F-2 Factory and industrial, low hazard 89.96 85.79 82.13 78.44 68.74 68.66 75.24 58.56 54.46 H-1 High Hazard, explosives 85.25 81.08 77.42 73.73 64.21 64.13 70.53 54.03 N. P. H234 High Hazard 85.25 81.08 77.42 73.73 64.21 64.13 70.53 54.03 49.93 H-5 HPM 152.75 147.34 142.69 136.02 121.77 120.96 130.77 108.80 104.41 1-1 Institutional, supervised environment 150.33 145.20 141.34 135.63 124.49 124.44 134.70 114.51 109.96 1-2 Institutional, hospitals 253.93 248.52 243.87 237.20 222.34 N.P. 231.95 209.39 N. P. 1-2 Institutional, nursing homes 177.55 172.14 167.49 160.82 147.00 N.P. 155.58 134.05 N. P. 1-3 Institutional, restrained 173.39 167.98 163.32 156.66 143.67 141.88 151.41 130.72 124.33 1-4 Institutional, day care facilities 150.33 145.20 141.34 135.63 124.49 124.44 134.70 114.51 109.96 M Mercantile 109.31 105.19 100.56 96.13 86.08 .86.83 91.43 76.10 73.26 R-1 Residential, hotels 150.84 145.71 141.85 136.14 125.10 125.05 135.31 115.12 110.57 R-2 Residential, multiple family 126.43 121.30 117.44 111.73 100.81 100.77 111.02 90.83. 86.28 R-3 Residential, one- and two-family 119.76 116.47 113.63 110.52 105.39 105.13 108.64 99.79 94.06 R-4 Residential, care/assisted living facilities 150.33 145.20 141.34 135.63 124.49 124.44 134.70 114.51 109.96 S-1 Storage, moderate hazard 84.25 80.08 75.42 72.73 62.21 63.13 69.53 52.03 48.93 S-2 Storage, low hazard 83.25 79.08 75.42 71.73 62.21 62.13 68.53 52.03 47.93 U Utility, miscellaneous 64.30 60.80 57.19 54.31 47.22 47.22 50.70 38.76 36.91 a. Private Garages use Utility, miscellaneous b. Unfinished basements (all use group) = $15.00 per sq. ft. c. For shell only buildings deduct 20 percent. d. N.P. = not permitted 54 Building Safety Journal February 2007 I~ Agenda Item # V Meeting Date Lune 26, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Appointment of Karen Levear to the Tigard Library Board Prepared By: Margaret Barnes Dept Head Approval: ' 13'~ City Mgr Approval: CAID ISSUE BEFORE THE COUNCIL Approval and appointment of Karen Levear to the Tigard Library Board to serve a four-year term beginning July 1, 2007 through June 30, 2011 STAFF RECOMMENDATION Act on the Mayor's Appointments Advisory Committee's recommended appointment to the Library Board KEY FACTS AND INFORMATION SUMMARY Karen Levear is to be appointed to the Library Board for a four-year term beginning July 1, 2007 and running through June 30, 2011. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS N/A ATTACHMENT LIST Biographical information on the proposed appointee and a Resolution. FISCAL NOTES None \Vig20Vnetpub\tig2O\w oot\fomsVom docstcouncil agenda item summary sheet 07.doc June 26, 2007 Tigard City Council Agenda Item Summary attachment Biographical information: Karen Levear is a long-time resident of Tigard: over 15 years. She was previously a resident of the Aloha area. Ms. Levear has a B.S. in Business from Oregon State and an MBA from Portland State University. Currently on sabbatical, her prior position was Chief Financial Officer for a financial institution. She was a Tigard Library volunteer; team manager/coach for destination Imagination; One More Time Around Again Marching Band and school volunteer. She writes, "I love libraries!" Agenda Item # -3.5 Meeting Date June 26, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Adoption of a new collective bargaining agreement between the City of Tigard and SEIU 503 OPEU Local 199 and authorization for City Mana er to sign Prepared By: Sand Zodrow HR Dir. Dept Head Approval: City Mgr Approval: t.J3 ISSUE BEFORE THE COUNCIL Should the Council approve a new collective bargaining agreement between the City of Tigard and SEIU 503/OPEU Local 199 for the period of July 1, 2007 to June 30, 2010? STAFF RECOMMENDATION Adopt the attached Resolution approving a new collective bargaining agreement with SEIU 503/OPEU Local 199 and authorize the City Manager to sign the agreement. KEY FACTS AND INFORMATION SUMMARY The terms of this agreement with SEIU/OPEU and the City of Tigard were reviewed with the Tigard City Council at its Executive Session of June 12, 2007. The current collective bargaining agreement will expire June 30, 2007. Major economic highlights of this new agreement include a three (3) year contract expiring in June of 2010; a 3.3% cost of living adjustment effective July 1, 2007 with CPI Index adjustments in the 2nd and Yd year of the contract of a minimum of 2% and a maximum of 4%; an increased contribution of $300 per year towards the employee's VEBA (Voluntary Employee Beneficiary Account); a salary range adjustment for the Code Compliance Specialist from Range 212 to Range 215 (affecting 1 position); the City will increase its maximum contribution by 10% of each year of the agreement for health insurance, and the employee will pay the difference between the maximum City contribution and the actual cost of the plan; and the City will designate positions that will be eligible to receive a $50/month Spanish language premium. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS Not applicable ATTACHMENT LIST None. FISCAL NOTES Appropriate funding has been provided for in the FY07-08 budget to cover these costs \Vig20unetpub\tig20\w ootVo=sVorm docs\councii agenda item summary sheet 07.doe Agenda Item # 3-6 Meeting Date June 26, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Adoption of a Cost of Living Adjustment for Management/Supervisory/Confidential Group employees effective July 1, 2007, and the extension of additional health plan options including Regence Blue Cross Blue Shield Plan I-C PPP Willamette Dental and Kaiser Dental effective August 1 2007 Prepared By: Sand Zodrow HR D- Azew Head Approval: City Mgr Approval: eal ISSUE BEFORE THE COUNCIL Should the Council approve a 3.3% cost of living adjustment for the Management/Supervisory/Confidential Group employees effective July 1, 2007, and extend additional health plan options including Regence Blue Cross Blue Shield Plan I-C/PPP, Willamette Dental and Kaiser Dental effective August 1, 2007? STAFF RECOMMENDATION Approve the cost of living adjustment and additional health plan option offerings. KEY FACTS AND INFORMATION SUMMARY Approximately 93 employees belong to the Management/Supervisory/Confidential Group and are not represented by a collective bargaining agreement. Each fiscal year the City Council considers and makes a determination on a cost of living increase (COLA) for this group of employees. The Tigard Police Officers Association will receive a 3.3% cost of living adjustment effective July 1, 2007 and the SEIU/OPEU bargaining unit will also receive a 3.3% increase on July 1. A cost of living adjustment assists the City in maintaining a competitive market position with regard to its salaries. In prior years, the Council has considered and elected to provide a cost of living adjustment for the Management Group consistent with that given to the SEIU/OPEU bargaining unit. Additionally, the City wishes to extend some additional health plan options to the current health plan offerings for the Management Group employees in order to provide greater selection for employees with regard to individual health needs and financial resources. These options would be provided at no additional cost to the City. This action is also consistent with the terms of the recent tentative agreement reached between the City and SEIU/OPEU Local 199. This matter was discussed at the Council's June 12th Executive Session. OTHER ALTERNATIVES CONSIDERED Not applicable. CITY COUNCIL GOALS Not applicable. ATTACHMENT LIST None. FISCAL NOTES The total cost of this cost of living adjustment has been budgeted for FY07-08. \\tlg20\inetpub\tg2Okw.wroot\fo-s\form does\muncil agenda item summary sheet 07.doc Agenda Item # Meeting Date June 26, 2007 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title: Award of Contract for Pavement Maintenance under the FY 2007-08 Pavement Major Maintenance Program MMP Prepared By: Vannie Nguyen Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board approve the contract award for Pavement Maintenance under the FY 2007- 08 Pavement Major Maintenance Program (PMMP)? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Morse Brothers dba Knife River in the amount of $562,055.50. Staff further recommends that the Local Contract Review Board authorize a contract amendment in the amount of $175,000.00 to be executed after contract award for additional unit bid item quantities sufficient to perform pavement maintenance on Durham Road. In addition, staff requests approval for $62,000 to be reserved for contingencies and applied as needed as the project goes through construction. The total amount committed to the project is therefore $799,055.50. KEY FACTS AND INFORMATION SUMMARY • Pavement overlay is one of the most effective rehabilitative treatments available to restore pavement exhibiting signs of failure. Before applying a pavement overlay on streets, the contractor will mill along the edges of existing pavement and place geotextile fabric on the surface. The "Dig-out and Repair" technique will also be applied in areas that have serious pavement failure. This involves removing the existing pavement and aggregate base at a depth of six inches and replacing the materials with new asphaltic concrete. • This project rehabilitates approximately 14,000 lineal feet or 2.6 miles of existing City streets including reconstruction of six speed cushions and replacement of existing striping. This year's program includes the following streets: • Summerfield Drive (114th Court to Alderbrook Drive) ■ Greenburg Road (Shady Lane to Tiedeman Ave) ■ Upper Boones Ferry Road (72nd Ave to the I-5 Overcrossing) ■ 108th Ave (Chateau Lane to Durham Road) ■ 88th Ave (Durham Road to Hamlet Street) ■ Durham Road (Serena Court to Hall Blvd). This street is on the list for FY 2007-08 but was not included in the bid documents because the estimate would have substantially exceeded the budgeted amount. • During the design of the project, contractors indicated that the price of asphaltic concrete would be approximately $65 a ton. Using the authorized budget of $800,000 from the Street Maintenance Fee Fund as the total amount that could be expended for the project, staff prepared a bid schedule that excluded Durham Road from the project list to accommodate the budgeted amount. • The project was advertised for bids on May 29 and May 31, 2007 in the Daily Journal of Commerce and The Times respectively. Addendum No. 1 was issued on June 7, 2007 to revise the quantities of some bid items and to provide clarification on the grinding detail along existing curbs. Bids were opened on June 12, 2007 at 2:00 pm and the bid results are: Morse Brothers dba Knife River Sherwood, OR $562,055.50 (low bid) Brix Paving Tualatin, OR $593,680.35 Kodiak Benge Construction (a) Tigard, OR $599,943.00 Engineer's Estimate Range $710,000 to $865,000 (a) Kodiak Benge. Construction submitted a non-responsive bid as it did not acknowledge receipt of the Addendum mandated by the bid document. • The two lowest bidders submitted bids of $50 and $55 per ton to provide approximately 6,100 tons of asphaltic concrete. The staff estimate used $65 per ton as a basis for the estimate. The less-than-expected unit bid item price has resulted in bid proposals substantially less than the Engineer's estimate. • Morse Brothers dba Knife River submitted the lowest responsible bid of $562,055.50. Staff recommends approval of contract award to this lowest bidder. • Public Contracting Rules (PCR 10.075A) allow contracts to be substantially increased when the original contract was awarded through a formal competitive process, the contract documents include unit prices that can be used as the basis for determining the cost of the additional work, and a binding obligation exists on the parties covering the terms and conditions of the additional work. All these conditions are met with the contract to be awarded to Morse Brothers, Inc. To take advantage of the low unit bid price ($52.65 per ton) for asphaltic concrete in FY 2006-07, Council authorized a contract amendment to substantially increase the bid item amounts. Durham Road (Highway 99W to Serena Court) was added to that contract. The unit bid item price for asphaltic concrete is even lower at $50.00 per ton in this bid. The proposed contract amendment would allow for pavement overlay on the remaining segment of Durham Road from Serena Court to Hall Boulevard. • Staff therefore recommends that Durham Road, which is estimated to cost $175,000 for pavement maintenance work, be added to the project through contract change order. Award of a contract of $562,055.50 to the contractor based on the bid submitted will leave approximately $238,000 available in the project account. This amount is sufficient to add Durham Road ($175,000) to the project and to reserve a contingency amount of $62,000 (8.5% of the project cost) for a total project commitment of $799,055.50. • Upon Council approval of the contract and after a Notice to Proceed has been issued, Morse Brothers dba Knife River will have 90 days to complete the work. The construction is anticipated to start in mid July and is expected to be completed by the end of October 2007. • All work performed for Durham Road, Greenburg Road and Upper Boones Ferry Road will be done between 8:00 PM and 5:00 AM to avoid traffic delays during peak hours. OTHER ALTERNATIVES CONSIDERED Award the contract of $562,055.50 and direct staff to prepare a separate bid for Durham Road. Bidding Durham Road separately may not be cost effective as the City would most likely have to pay a higher price for the smaller quantity of asphaltic concrete. COUNCIL GOALS "Aggressively pursue funding to correct traffic congestion within the City." Pavement preservation improves traffic flow and tends to reduce traffic congestion. ATTACHMENT LIST Project location map FISCAL NOTES The amounts of $800,000 and $150,000 have been included in the FY 2007-08 CIP Street Maintenance Fee Fund and the Gas Tax Fund respectively. The Gas Tax Fund is used to supplement the Street Maintenance Fee Fund to pay for work occurring outside the edges of existing pavement, i.e. widening the shoulder of a street to enhance pedestrian safety while performing the overlay and will be used as needed in support of the pavement maintenance work. The budgeted amounts are sufficient to award a contract of $562,055.50 to Morse Brothers dba Knife River, to add additional quantities representing an additional amount of $175,000 to be used for pavement maintenance on Durham Road, and to provide a contingency amount of $62,000 for a total project commitment of $799,055.50. i:tengt2007-2008 y ap\pmmp 07tcounaffl-26-07 pmmp wntraa award ais.doc ENAN~E PK~~~,~, I NT AJp R MA ENT ~ RLA.~ ~l 0 $ P AV E pV E BATTLER STS ~-~0 20 07 P AV EMENT FY o o~ / ~ K EST o a m ~ W ~ OR o 1 ~ ¢ z MERFIELD `'r N 0 HA ROAD ~ Q ¢ aCA ° N DURHAM ROAD ¢ rn f ~ o ~ n BLVD SHADY LN ¢ h ~QQ~ o O TH DAKOTAS ORTN DAKOTAS ¢ ¢ Q J~~R Q ~U~Pygili ¢ TIGARD ST o Qo~~, Z NO SCALE o JQ~~ 4 r Agenda Item # 3 Meeting Date June 26, 2007 COUNQL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Contract for Structural Plans Review Services Prepared By. Carissa Collins Dept Head Approval C City N%r Approvah ISSUE BEFORE THE COUNCIL Should Caty Council award a contract for Structural Plans Review Services to Miller Consulting Engineers, Inc.? STAFF RECOMMENDATION Approve Miller Consulting Engineers, Inc. as the vendor to provide structural plans review services to the City of Tigard Building Division. KEY FACTS AND INFORMATION SUMMARY Over the past four years, the Building Division has seen a dramatic increase in the level of complexity in the construction of buildings in the City of Tigard. Because of this complexity, the Division is in need of outside technical expertise necessary to perform the plans review of these buildings. Staff conducted a formal request for proposals in order to locate a qualified firm that specializes in engineering and structural services. The City received 4 proposals. After a detailed evaluation of the submitted proposals, staff determined that Miller Consulting Engineers, Inc. was the best vendor to provide these services. Miller Consulting Engineers was selected due to their proven knowledge of state and local codes in addition to their reputation for providing structural plans review services in a timely and efficient manner. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST None FiscA. NOTES The cost to provide these services will not exceed $60,000 annually and will be funded from the Building Fund which is a dedicated funding source. The Building Division collects a structural plan review fee at the time of permit application. The contract firm is compensated at a rate of 75%. The remainder of this fee goes into the appropriate Building Division revenue fund. There is no additional budgetary funding required. \\tig20\inetpub\tig2Olw oot\formsVmm docs\council agenda item summary sheet 07.doc Agenda Item # Meeting Date June 26, 2007 COUNQL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Presentation of Award to "If I Were Mayor" Student Contest Winners Prepared By Joanne Ben on Dept Head Approval ~Jzw Qty N%r Approvah ISSUE BEFORE THE COUNCIL Present awards to wirining entries in the Oregon Mayors Association "If I Were Mayor..." student contest. STAFF RECOMMENDATION Present gift card to recipients and comment on winning submissions. KEY FACTS AND INFORMATION SUMMARY On April 18, 2007, Tigard Mayor Craig Dirksen invited Tigard Middle School, High School and College students to enter the 2007 "If I Were Mayor... " student contest sponsored by the Oregon Mayors Association. Mayor Dirksen and City Council selected one winner in each of three (3) categories: Middle School Poster: Christine Laughlin, 6`' grader at Twality Middle School High School Essay: Alexander Carsh, 9`h grader at Tigard High School High School Video: Brent Mangum, 12`'' grader at Tigard High School The winner in each category received a $50 gift certificate to the Washington Square mall. Their entry was submitted to the League of Oregon Cities to be eligible for the statewide competition. Three statewide winners will receive lap-top computers. Statewide winners will be selected prior to the Oregon Mayors Association conference in August 2007. Statewide winners will receive their computers at the League of Oregon Cities Annual Conference in Bend, Oregon on September 27-29, 2007. Statewide recognition will be given to one winning poster, essay and video/PowerPoint and any honorable mentions as determined by the evaluation committee (Oregon Mayors Association Executive Board plus two mayors). OTHER ALTERNATIVES CONSIDERED N/A. CITY COUNCIL GOALS Council Goal # 5: Increase Tigard's involvement with Washington County, Metro, State, ODOT, Tri-Met and Federal government. Tigard Beyond Tomorrow -Community Character and Quality of Life - Communication Goal - Citizen involvement opportunities will be maximized by providing educational programs on process, assuring accessibility to information in a variety of formats, providing opportunities for input on community issues and establishing and maintaining two-way communication. ATTACHMENT LIST Winning Poster, Essay and Video for each category FISCAL NOTES $150 for gift cards presented to the winners. is\adm\cirycouncil\comcil agenda item sunmaties\2007\ais for van presentation 070410.do3/28/07 Qp. ~ IA ,'~'H SXXp ,'tr (J,ff 11 ~ `l. C,• ' ,T JZAY.A..: a' ,ht ~ 4i'l. 1 y p / f~ l~ R1i ~ r r S `ji - oPeeO4 a ~y + q d ~ f•~ I, t ~s try `su l '1~- r ~ ~ . If 1 were Mayor, you would not be disappointed. I will make sure that the people are happy with what my plans are. First off I would hire professionals to look at our ~~`r~ ti ~r ~`;Ji6 water supply and make sure it's pure and true, so that we drink only healthy water. Secondly, our deer, raccoons, squirrels, coyotes and all native animals will have clean, wide open spaces to rung and play in. They will live in natural areas with clean streams to drink from, to live free from harm. 4 will make it so there is less traffic. To do this, I will wa,' . F. put more buses and trains on the road. There will also be / C,5 more bicycle and walking trails so people don't have to drive in their cars to get around all the time. By doing this, _ Ilk* there will be less air pollution and healthier, fitter people who breathe Tigard's beautiful fresh air! +a`' w~ r,, .,r~} The City will protect large trees when building new houses and will encourage new trees to be planted. We will finish our skate park soon so teenagers, kids, and adults will have a fun, safe place to play and exercise together. We won't forget the dogs either! We will build more dog parks where dogs can run free and exercise as well as their owners. So please elect me, Christine Laughlin, to be your new Mayor, and you will be healthier and happier living in ( .4 rA r r 7 ` S beautiful Tigard! M Contestant Last Name: Laughlin, C. eib b A Representing: City of Tigard Contact: Joanne Bengtson 503.718.2476 i Alexan arch If 1 Were Mayor If I were Mayor, I would try to do many things to help the community, but three areas 1 would definitely focus on would be the environmental health of the community, the construction of a community center, and inclusion of every citizen's opinions in making decisions for the city. I believe that those are three very important items of business, and that they should have something done about them. One of my biggest concerns is environmental health within the community. Too many times, a leader thinks too much about developing land and too little about having some room for parks and forests. I know and appreciate buildings and houses as places for families to live and businesses to run, but I will say that without a little natural space, the air quality worsens, because not as many plants are there to inhale the carbon dioxide and exhale the oxygen we need to survive. Also, many animals forced out of their homes try to live in ours, costing the owner of the property a lot of time, money, and resources. If we have forests and parks, they would not only help our community, but also provide a place for families to go play games and have fun together. That brings me to another point of focus: planning a community center. believe that many cities should have a community center where people can go hang out, take specialized classes, and participate in recreational activities. I think it would help not only many families who would like to be able to do things together, but also "problem" children and adults (you're not getting off the hook this time, I know adults cause trouble, too) because it gives them something positive to do with their time instead of vandalizing our city or hurting our citizens. Overall, I think it would greatl uimprove the quality of life for all citizens in our community. That's why I'd advocate for building a community center at our city council meetings. My third objective would be that the citizens' opinions would be heard. I don't think it's fair to just vote on all the ordinances without hearing from concerned people and why they want or donTwant something, so that we see all the sides before we choose one, or even see if there's a compromise. I think it's important that our citizens get to say what they want and how they want it. I think it would even be good to go to the people instead of them coming to me. I'll admit that we couldn't bend to fit all the citizens' opinions into everything we do, but I do think it would be good to have some input from people in the community, because, after all, we are not the only ones who would have to live with our decisions. I would try to help our community from many different angles, and even if I couldn't, I'd try to find someone that could. It's not just about me and what I want, it's doing what I'd need to do to make sure that the community is as well taken care of as possible, even if it means going against what I personally want. For these reasons, I think I would be able to greatly benefit my community if I was Mayor. Contestant Last Name: Carsh, A. Representing: City of Tigard Contact: Joanne Bengtson 503-718-2476 Agenda Item # 5 Meeting Date June 26, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Presentation from Essential Health Clinic Prepared By. Elizabeth Newton Mept Head Approvah City Mgr Approval ISSUE BEFORE THE COUNCIL The Essential Health Clinic operates a clinic in Tigard and will make a presentation to Council on the services provided. STAFF RECOMMENDATION No action necessary. Information only. KEY FACTS AND INFORMATION SUMMARY The Essential Health Clinic is a financially independent non-profit that provides free health care to uninsured individuals and families in Washington County. The Tigard clinic (located at 15296 SW Royalty Parkway) is open Wednesdays from 5 -9 p.m. and is staffed with volunteer physicians, nurses and clerical personnel. Sheila Hale, Executive Director of the Essential Health Clinic will provide a briefing to Council on the Services available at the Tigard Clinic. OTHER ALTERNATIVES CONSIDERED N/A. CITY COUNCIL GOALS Council Goal # 5: Increase Tigard's involvement with Washington County, Metro, State, ODOT, Tri Met and Federal government. ATTACHMENT LIST N/A. FISCAL NOTES N/A iAadm\city council\council agenda item summaries\2007\ais for essential health clinic presentation 070626.doc Agenda Item # Meeting Date June 26, 2007 COUNCIL AGENDA ITEM SUMMARY . City Of Tigard, Oregon Issue/Agenda Title I-5 High a99W Connector Project Overview Prepared By: A.P. nas Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL Project representatives will provide a brief and general project overview with the intent of returning at the Council workshop meeting in August for more elaborate discussion on the range of alternatives that are being considered for implementation. STAFF RECOMMENDATION No Council action required. KEY FACTS AND INFORMATION SUMMARY The I-5 Connector is a joint project among Metro, Oregon Department of Transportation, and Washington County. One of the Council goals for 2007 is to support the connector project. Its importance to the City depends on the actual alignment chosen and the location of the connection point to Highway 99W. Conceptual solution elements have been developed from public open houses and committee meetings in late 2006. The project team is currently developing a range of alternatives to meet the purpose and need statements established for the project. Any solution considered must address the following: • More efficient travel into and out of the area • Improved connections between I-5 and Highway 99W • Improved freight access to the highway system • Reduction of congestion on existing arterials Up till this point, the City has not been actively involved in the process. However, a "No Build" alternative has to be considered as one of the potential solutions. That alternative may significantly impact some of the arterials in the City (including Highway 99W and Durham Road.) The project representatives will give a brief and general overview of the project at this meeting with the intent of returning at the August 21, 2007 workshop meeting for more elaborate discussion with opportunities for questions and answers regarding the alternatives that are being considered as part of the process. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS Support for the I-5 to Highway 99W Connector Project is a Council goal for 2007. Its construction has the potential to reduce traffic congestion on Highway 99W through Tigard. The connector meets the Tigard Beyond tomorrow goal of "Improve Traffic Flow." ATTACHMENT LIST 1-5 to 99W Connector Project Update Publication: Spring 2007 FISCAL NOTES At this point, the project does not have any cost implications for the City. The costs to implement the potential solutions will be developed as part of the evaluation of alternatives to determine a recommended corridor for adoption into the Regional Transportation Plan. i:leng%guslcouncil agenda summariesl8-26-07 F5 to 99w connector project overview ais.doc 1-5 To 99W Connector Project 0 Metro Oregon Department of Transportation - Washington County 0 0 Project update: Spring 2007 What's new _ KINGCITY -1TIGARD - jWP _ r I' JEAN RD WOOD RD 1I Thanks to great participation, more than ;~I i(DURH'nMs 5 r~ 250 ideas for potential connector corridors, RD R° t1vRGROVE improvements to the local street network, new - f r ~J RD / „Q SAGER RD ~OR ND ,ill. - arterials and other solution ideas were submitted b Aveftr sr 0 at public open houses and committee meetings Iurw SpW~ SUq~ATjIN, , in November and December. In January, ~DNstaff consolidated these ideas into a set of 25 °p 0 OOD conceptual solution elements. %jr~ SHF_RW , " I 5 M, rl sL, E.: gyp V- g 1Y r The conceptual solution elements are now in T' O EL EN RD i the process of being screened to remove from further consideration those that did not meet o ` - D~NTA~R_" TDDZE RD _ WILS MILLI the purpose and need or failed many of the % - - screening criteria. Those that do pass through Project overview the screening process, will be provide the basis from Regional and local transportation plans have recognized which a range of alternatives will be developed. Those the growing need for a connection between I-5 and Hwy alternatives will be studied in great detail to determine 99W for more than a decade. The I-5 to 99W Connector the best possible solution. Project is looking for the best way to meet this need. The range of alternatives may include the following Traffic demand in the southwestern portion of the options in addition to a variety of potential locations for region has grown substantially leading to increasingly a new corridor: congested conditions. This growth comes from more • Transportation Demand Management (TDM) people living, working and moving freight in Tualatin, and Transportation System Management (TSM) Sherwood and Wilsonville, and from growth throughout alternative - this alternative will look at how demand the region, particularly in Marion and Yamhill counties. on the system could be reduced (i.e. increased transit use, flexible work hours, carpooling), and how Metro's Regional Transportation Plan and Sherwood the system could function better with intersection and Tualatin's transportation plans identify the need improvements and other operational changes. for a transportation solution in this area to address • Enhanced Existing System alternative - this the growing east-west travel demand. The Oregon alternative will look at improvements to the area's Transportation Commission designated this as a roadways including improvements that are included project of statewide significance, further confirming its in local and regional transportation plans as well as importance. other improvements to the existing transportation system. This option will not include a major highway The project's study area, shown on the map, is connector between I-5 and Highway 99W. the area where transportation solutions are being considered. The project will identify transportation and For more information about the environmental impacts and benefits for areas beyond the project and upcoming meetings: study area including transportation impacts to I-5 and Web: www.i5to99w.org -Phone: 503.595.9915 Highway 99W. E-mail: info@i5to99w.org Project Need Decision making Any solution considered will address the need to: Decision • Provide more efficient travel into and out of the Project Steering Committee study area. Traffic on Highway 99W has grown by 3.5 percent each year to a total volume of almost 50,000 each day. Advisory Stakeholder Executive Management • Improve connections between I-5 and Hwy. 99W. Work Group Team Almost 20 percent of trips in the corridor are through trips, or trips that do not start or end in the corridor. Epport • Improve freight access to the highway system. Project Management Team About 16 percent of trips on Tualatin-Sherwood Road are trucks which is significantly more than Project Steering Committee (PSC) - Elected officials average on a similar road. and directors from affected jurisdictions and agencies • Reduce congestion on existing arterials. The peak charged with project decision-making and policy period, known as rush hour, is already lasting for guidance. PSC determinations must be adopted by the more than two hours in the morning and evening on directly affected and involved jurisdictions and agencies. Tualatin-Sherwood Road. If improvements are not made in the corridor, rush hour conditions will persist Stakeholder Working Group (SWG) - Community for more and more of the day. members, and advocacy group and business representatives charged with providing informed, wide- The project will consider ways to address these needs ranging advice and guidance to the Project Steering while meeting the project's goals and objectives. The Committee. project's goals include: • Provide transportation improvements that address Executive Management Team (EMT) - Senior present and future demand for travel to and staff from affected jurisdictions charged with reviewing between I-5 and 99W in the Tualatin, Sherwood and project findings and communicating findings to the Wilsonville areas. Project Steering Committee. • Provide transportation improvements that support state, regional, and local land use planning. Project Management Team (PMT) - Technical staff • Provide transportation improvements that avoid, from lead agencies (Washington County, Metro and minimize or effectively mitigate adverse impacts to Oregon Department of Transportation) and consultant natural and cultural resources. team members charged with day-to-day project oversight • Provide a timely and cost-effective project solution and management. that performs throughout its expected design-life. Timeline and schedule The current phase of the project will • Appoint • Purpose and need CommunityForum • Project goals and Design Open House result in the selection of a corridor objectives committees • corridor-level • Evaluation criteria where transportation solutions should • Hold kick-off scoping and November 2005 • Technical November/December meetings technical studies assessment and 2006 be located and a general idea of analysis what kind of transportation facility )S is needed. This corridor must then be adopted into transportation and land use plans. After local adoption of the selected corridor is complete, • Screen ideas for Evaluate corridor Recommend corridor additional environmental analysis will Community concepts Forum Public Hearing • Develop range alternatives for RTP and local plan be completed and a design for the of alternatives amendments transportation improvement will be selected. ta A, 1-7 What is the Project? _ A new limited --`t- w. access increased I-5 to 99W Connector Project connection r 1 Washington County, OR between Interstate 5 and ~l OR 99W in the A Project of Statewide and Regional Significance vicinity of Tualatin and -I Sherwood Project Study Area z I Is there Regional and Statewide recognition of the project's need? What is the Project purpose? Need for a better I-5 to 99W connection is identified by: The purpose of the project is to address the problem of inadequate transportation facilities in Oregon Transportation Commission - the outer southwest quadrant of the Portland • Project fd7alenideSigai/ienaee metropolitan area to serve the growing demand for • Metro's Regional T-sportation Plan regional and intrastate travel access to the area's federal and state highways (1-5 and 99W), while ~Y ashurlnon Courrry t'nnsportarion system Plan considering the need for local arterial access to the • Sherwood Transportation System Plan state highway system. • Tualatur Tcrosportation System Plan 31 1 41 Adopted Need Statements Increasing Housing & Employment Trends What contributes to the need bra better cmnection > Growth in housing and employment • There is no cfF,cicnt access or pomd into and out of tle Portland mcrmpolirut area for state and repomd rhrou4+ ravel ;dung Hi},q+way 99W • 'n,cc is m,dey ate multi-d-A a nnecdvl y in the stare hi},ynva}++etwork fe,r the 'Inter southwest quadrant of dr Ponland rrempilir n ama. • Frei& mobilityry in the ouer southwest qq adrmt of rte Pexdaod mem,rydir n area is unstmined ;aril' effi6ein due t, the 1. ,f eff .tine access ru the srue +way c m system and sionfic ant coigestion eu+fiicts on existing aneriak. i I/ I I I I! I I! I I! • Conflicts benvmn dinnigh travel neals and local destination;mt6¢cess needs threaven . ,r'.•n.r-wr•y the confined economic viabilityty and livability of the mwnenrers of Sherwood, Tualatin, Wilsunville;md Tigattl. one m h,fy+ levels'Ifc'In}resrion on routes inrnilcd m seine urlxm, fmi v and retriunaI travel, mr l End uses and roads in the project arcane being infiltrated aid adversely impactul by freigrt and mpi l traffic. • Easnng and new uilusrnal lands in the project ama do noh;ne eEiirnve access mores to the 'rate hi};i+way system. ! / f I ♦ / ♦ I / e e / e / 5 6 1 t. Increasing growth in area travel volumes Local, Regional, and Through Trips Defined Total Project Area Trattic Yolumet by Trip Type Through Trips smm Movement of people and goods between 45o'3locations outside the project area but anion:: that 3som Y. pass through the project area f Regional Trips 2ov3 . Movement of people and (roods Uctvicen w3o locations outside the project area and r som' locations within the project area zoos 2030 Local or Project Area Trips a mmuyh ®Ney;ounl m trial Movement of people and }roods between Volumes include all tops using modeled rouiways in the area locations within the project area except trips that gnly use the fre-y system (1-5 and 1-205) ~ e By 2030, the Project area will see... The size and type of facility is under study in 2 phases... • 60% increase in traffic volumes - rmmsn,noonnanoaxo,nat~ ~rerrig2-1 „rrntpmzp i•d. Phase I: Defines and adopts a corridor within 8S% of these [rips are through traffic, or; tripe uilh albs elwirratiarr of wiigjnr which the Connector will be loca ted and looks uraii~ nc~ prujar a,w. to amend the RTPs to reflect the corridor. - 2z/ marry r/ nqb r - (.3'%lripe/wrrritlcredalbrru~arrnroriginraan)lydrrpmjNnao • Phase II: Identifies and refines the project • Approximately double (100% increase) cast-west travel demand between 1-5 design through the EIS process, including "'d'"~~ obtaining a record of decision and federal • Growing congestion impacts to freight mobility from existing and future authority to proceed toward construction. industries. • Substantial increase in ,peed ruhraionr mnl travel times 10 Partners in project decision-making Who are the Project Steering Committee Partners? Derision • ODOT ....Project Steering Committee" erne aenp0, ieeomcnv. • Metro AdvrrprY.:.:: • Washington County Ekn,,, Ftecuave • Clackamas County ManageTeam nt • City of Sherwood Senlorayency sta • City of Tualatin Support vroyecrm2uiagement reamw, i • City of Wilsonville ,Tec/inFrai stilrarrd cvraulbnb , • Federal Highways Administration 11 12 2 Key Project Milestones Achieved Finding a solution • Established project partnership and decision-malting structure FA-pp.1 Purpose and '.Goals and • Approved Purpose and Need statement, Goals and Objectives - need objdvoa 1 coltidorleve lopen house :screening open house and ScrecttingCri[cria cand November cda~ia Novamberl 2005 •TKW al Daeember200s Completed envirdmmental reconnaissance a"alos aaeeasment Completed 2030 No Build travel forecast aiM aria L • Summarized input from over 600 participants - more than 7Davalop n ,e 200 solution ideas sug gested range o Evaluate Fat atlveopen h0 7 solution EarPubEarly 2008 DeveloPed initial ran ge of alternatives using both Public inPut Fall 2007 2008 reglonel antand technical expertise elbmaWes local plea. amonamanta 11 141 Selecting the best solution Range of alternatives (ROA) We are qp~ 1. No-Build Alternative here Wl 2. TOM/TSM Alternative - Measures toreduce the number 6single- Identiry App, Select eloU Apply 521K(, occup-5-vehicle (SOV) tripe on existing roadway nenvork and to improve all SCrEening' concepts nd,analyze evaluation solution the efrcimcy ofexisting transportation facilities toward meedng the Project possible '.criteria., J that best ange of criteria that best Purpose ideas meet kemattves meets screening evaluation' 3. Enhance Existing$ystem Alternative- Multimodal projects that focus on criteria criteria significantly enhancing the existing transparation system toward achieving the Project Purpose Public open house or hearing 4. One or more Connector* Alternatives within the UGB 5. One or more Connecmr* Alternatives partiallyor entirely outside the UGB Note: screening and evaluation will be based on the project's purpose statement and goals and objectives as well as the criteria. n Cu,vacmr L..kfincJ ve . rcw p.nia0y or l.Ay limird mn••• hisl,u.y/NSI. c•pu.iry pavkaay Ix,wRn 1-5 W,d r)w 15 16 Corridor concepts being considered Confirming range of alternatives i ' , R I `I ' t EMT review on June 7, June 21 and July 19 Corridor Alternative 4A Corridor Alternative 4B Corridor Alternative 4C SWG review on Junc 14, June 28, July 12 and Esz M August 9 1 1 z~ The blue corridor PSC review on June 27, and July 11 leading to a `{l i_ ' of i identifies an area where transportation decision on the range of alternatives in August Corridor Alternative 4D . Corridor Alternative 4E improvements could occur. It does not indicate the actual dimensions of a connector Corridor Alternative 5A Corridor Alternative 5B 17 1e 3 Public Participation 11) stay involved or for the htcst project information Visit the web site: www.i5to99w.org Call: 503-595-9915 R Thanks for letting us speak with you today. 19 4 Agenda Item # 7 Meeting Date Tune 26, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider an Ordinance Amending Tigard Municipal Code =C) Chapter 7.52.1000 Regarding Alcoholic Beverages in Parks Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the Council adopt an ordinance amending TMC Chapter 7.52.100(3) regarding alcoholic beverages in parks? STAFF RECOMIv1ENDATION Adopt the ordinance. KEY FACTS AND INFORMATION SUMMARY ■ In response to complaints and concerns regarding alcohol consumption in downtown area parks, the Council adopted Ordinance 06-08 in June 2006. This ordinance prohibited the use of alcoholic beverages in all of the existing downtown parks including: Liberty Park, Main Street Park, Commercial Park and Fanno Creek Park. ■ In order to maintain the alcohol ban in any future downtown park, the Council must amend the TMC each time a new park is created within the downtown area. ■ Several new parks may be developed within the Urban Renewal Zone (downtown area) in the future and it is somewhat cumbersome and time consuming to amend the TMC each time a new park is created. ■ This amendment creates a "blanket" restriction on the consumption of alcoholic beverages in all city-owned parks within the Urban Renewal Zone, thereby eliminating the need to update the TMC each time a new park is created. ■ The amendment would apply to the parks specified above, as well as any future City parks created within the Urban Renewal Zone, including the Jim Griffith Memorial. Skate Park. ■ This amendment would not affect existing code that permits the regulated, responsible use of alcoholic beverages within City parks located outside the Urban Renewal Zone. ■ The amendment has been reviewed by the Police Chief and the City Attorney. OTHER ALTERNAmms CONSIDERED The Council could choose not to adopt the ordinance and could direct staff on how it would prefer to address alcohol consumption in future city parks within the Urban Renewal Zone. Cny COUNCIL GOALS None ATTACHN ENT LIST Urban Renewal Zone Map Ordinance FiscAL Nums There are no costs associated with the passage of the ordinance. c ~ D L L x T PI-AS ST LN sr J ID L T~ F~F o0 G,Q sr sr 0 Q Urban Renewal Zone F=--] Urban Renewal Boundary Stream City of Tigard = Taxlot Boundary Railroad Oregon 0 553 1,100 2,200 Cartography: Community Development Dept June 2006 Feet Sources: City of Tigard, Washington County, Metro i I, Agenda Item # Meeting Date June 26, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider a Resolution Authorizing Amendments to Intergovernmental Agreements with Durham,, King City, and the Tigard Water District, and the Execution of Tenants in Common Agreements and Bargain and Sale Deeds for the Water Building and Canterbury Properties Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council, by resolution, authorize amendments to intergovernmental agreements with Durham, King City, and the Tigard Water District, and the execution of Tenants in Common Agreements and Bargain and Sale Deeds for the Water Building and Canterbury properties? STAFF RECOMMENDATION Adopt the resolution. KEY FACTS AND INFORMATION SUMMARY ■ In December 1993 the City of Tigard, City of King City, and the City of Durham withdrew from the original Tigard Water District. ■ Following that withdrawal, a remnant of the Tigard Water District, now only representing portions of the unincorporated area to the west and south of Tigard, along with the City of Tigard, City of King City, and the City of Durham formed the Intergovernmental Water Board (IWB) and entered into an Intergovernmental Agreement for the delivery of water service. ■ The IWB has determined the need to amend the Intergovernmental Agreements, and execute Tenancy in Common Agreements and Bargain and Sale Deeds for the Water Building and Canterbury properties in order to implement recent Board decisions. ■ The amendments and other documents will accomplish the following: - Further refine the process and methodology for allocating proportionate ownership - Determine the appropriate disposition of assets and how revenue generated from any dispositions will be used - Ensure that future decisions regarding real estate assets would be determined by three of the four jurisdiction members of the IWB ■ The City of Tigard, as an IWB member, must vote on and authorize the amendments, Tenants in Common Agreements, and Bargain and Sale Deeds by way of the attached resolution. ■ All the documents have been reviewed by the City Attorney. OTHER ALTERNATIVES CONSIDERED The City Council could choose not to adopt the resolution and could provide staff with direction regarding the amendments, Tenants in Common Agreements, and Bargain and Sale Deeds. CITY COUNCIL GOALS None ATTACHMENT LIST Resolution with the following attachments: 1. First Amendment to the Intergovernmental Agreement with the Tigard Water District for Delivery of Water Service to Territory within the District Boundaries 2. First Amendment to the Intergovernmental Agreement with the City of King City Delivery of Water Service to the City of King City 3. Second Amendment to the Intergovernmental Agreement with the City of Durham for Delivery of Water Service to the City of Durham 4. Water Building Tenancy in Common Agreement 5. Canterbury Property Tenancy in Common Agreement 6. Water Building Bargain and Sale Deed 7. Canterbury Property Bargain and Sale Deed FISCAL NOTES There are no City expenses associated with the approval of this resolution. r, Attachment 1 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT FOR DELIVERY OF WATER SERVICE TO TERRITORY WITHIN THE DISTRICT BOUNDARIES THIS FIRST AMENDMENT TO THIS INTERGOVERNMENTAL AGREEMENT (this "Amendment") is made and entered into as of , 2007, by and between the CITY OF TIGARD, an Oregon municipal corporation, (hereinafter "Tigard") and the Tigard Water District, a domestic water supply district existing under ORS Ch. 264, (hereinafter "District"), referred to herein as "the Parties". RECITALS A. The Parties previously entered into that certain INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT FOR DELIVERY OF WATER SERVICE TO TERRITORY WITHIN THE DISTRICT BOUNDARIES dated December 23, 1993 (the "IGA") relating to the Parties' creation of the Intergovernmental Water Board (hereinafter "IWB") and the cooperative effort to serve the long term water supply needs of the residents in the original District. B. The Parties hereto desire to amend the IGA: to further ensure consistency across the jurisdictions among rates and services, to clarify the IWB votes required to change ownership of original District assets, to memorialize a new lease between the IWB and the City of Tigard for the Water Building, to establish a process for calculating and recording prorated expenses and revenues, and to allow the IWB to use proceeds from sales of assets for expenses in addition to capital improvements. AGREEMENT NOW THEREFORE, in consideration of the terms and conditions contained herein, the receipt and adequacy of which are hereby acknowledged, the Parties hereby amend the IGA as follows: 1. Paragraph S. Asset Ownership/Water Rates/Revenues , B., is replaced with the following: First Amendment to the Intergovernmental Agreement City of Tigard/Tigard Water District Page I of 4 B. The fees, rates and charges charged by Tigard for providing water services to properties, residences and businesses in the District shall be the same as those charged within Tigard, and rates shall be consistent among those receiving water services from Tigard under this IGA. Notwithstanding the foregoing, Tigard may impose higher fees, rates and charges for providing water service to properties, residences and businesses when the cost of providing such service is greater due to unusual circumstances, including, but not limited to additional cost to pump water up hill to reach customers. Any higher fees, rates and charges imposed for providing water service shall be reviewed by the Intergovernmental Water Board prior to taking effect and shall be limited to covering the actual additional costs of providing such service. When higher fees, rates and charges are imposed, they shall be consistently applied among all member jurisdictions, except that at the request of the District, Tigard will collect on behalf of the District additional charges imposed by the District on District customers. 2. Paragraph S. Asset Ownership/Water Rates/Revenues C. (2) Moneys/ Revenues, is replaced with the following: (2) Moneys transferred to Tigard as a result of the division of assets after withdrawal from the original District by Tigard which were previously dedicated by the original District to system capital improvements shall be used solely for system capital improvement by Tigard in accordance with subsection 5.D, except that the Intergovernmental Water Board may at its discretion, and consistent with voting requirements in Paragraph 3.D. of this Intergovernmental Agreement, determine that said moneys may be used for other purposes. 3. Paragraph 5, Asset Ownership/Water Rates/Revenues, G. Accounting, is added to as follows: (3) In fulfillment of the Intergovernmental Agreement's intent to reliably and methodically account for expenses and revenues, Exhibit A showing allocation of ownership interests is attached hereto and incorporated thereby as the model for documenting the use of assets by the City of Tigard. 4. Paragraph 3. Intergovernmental Water Board. D., is replaced as follows: D. A quorum of the Board shall be three (3) members. All actions of the board shall require at least three (3) votes, excluding abstentions. First Amendment to the Intergovernmental Agreement City of Tigard/Tigard Water District Page 2 of 4 E. Notwithstanding prior agreements, no more than three (3) jurisdictions' votes (from among Tigard, Durham, King City and the Tigard Water District) will be required to purchase, sell, or otherwise act with respect to the original District's real property assets. By: IWB Representative for the City of Tigard CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on , 2007, by_ Signature of Notarial Officer First Amendment to the Intergovernmental Agreement City of Tigard/Tigard Water District Page 3 of 4 By: IWB Representative for the Tigard Water District CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by_ Signature of Notarial Officer First Amendment to the Intergovernmental Agreement City of Tigard/Tigard Water District Page 4 of 4 EXHIBIT A AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND TIGARD WATER DISTRICT ECONOMIC AND ENGINEERING SERVICES, INC. \ 380 S W Macadam Avenue, Suite 365 Ponland.OR 97201 .3033 • FAX 1503) 274.6248 15031223 EXHIBIT A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT Letter Verifying System Asset and Liability Allocations from EES Final Report November 1, 1994 Ms. Beverly Froude Tigard Water District 8777 S.W. Burnham Street Tigard, OR 97223 Dear Ms. Froude: Enclosed please find Economic and Engineering Services, Inc.'s (EES's) final report of 1 asset_and liability a~lo_cations prepared for the Tigard Water District (District). The total of assets equals the total of liabilities. This total amount is $25,620,938 and is allocated as follows: Tigard Water District $5,394,464 (21.05%) City of Tigard 17,997,978 (70.25%) City of Durham 1,044,091 (4.08%) City ofKing City 1,184,406 (4.62%) This report and the allocations have been adopted by resolutions passed by each jurisdiction. Copies of the four resolutions are bound into this final report, immediately after this letter. Very truly yours, \,wtiD PROfir-Ss le f~~r ECONOMIC AND ENGINEERING ' 42 SERVICES, INC. OREGON 1'\4- Gilbert R_ Meigsll-~- f~B~RT , Project Manager GRM ;pp winlgtnltigard.rpl Olympia. WA Bellevue, WA Vancouver. B.C Portland,OR Washington, D.C EXHIBIT A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT City of Tigard Analysis of Proportionate Interest Allocations Updated from Tigard Water District System Assets and Liabilities Final Report- November 1994 Allocation Basis Real Market Consumption* Value** Meters*** (A) (B) (C) District 641,523 880,511,030 3,671 Tigard 2,093,982 2,822,340,560 12,196 King City 130,395 201,727,000 1,238 Durham 74,115 116,051,350 358 2,940,015 4,020,629,940 17,463 Proportionate Interests Proportionate Change From Interests Original District 21.82% 21.90% 21.02% 21.58% 3.99% Tigard 71.22% 70.20% 69.84% 70.42% -2.96% King City 4.44% 5.02% 7.09% 5.51% -1.20% Durham 2.52% 2.89% 2.05% 2.49% 0.18% 100.00% 100.00% 100.00% 100.00% 0.00% "Other Assets" Percentages For Allocations District Tigard King City Durham District, Tigard, King City 22.13% 72.22% ; 5.65% 0.00% 100.00% District, Tigard 23.46% 76.54% 0.00% 0.00% 100.00% Tigard, Durham 0.00% 96.59% 0.00% 3.41% 100.00% * Annual consumption from November 1, 2005 through October 31, 2006 Real Market Value (RMV) Updated as of November 7, 2006 Meter count updated as of October 31, 2006 TWD Study Analysis.xls 6/5/20072:47 PM EXHIBIT A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT CITY OF TIGARD, OREGON RESOLUTION NO. Lj,=~_ A RESOLUTION OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, TO ADOPT THE TIGARD WATER DISTRICT SYSTEM ASSETS AND LIABILITY REPORT AS REVISED BY THE INTERGOVERNMENTAL WATER BOARD (IWB) WHEREAS, the Tigard Water District, in accordance with Section 4 of the Intergovernmental Agreement (hereinafter "Agreement") between the City of Tigard and the Tigard Water District for Delivery of Water Service to Territories Within the District Boundaries has caused preparation of a System Assets and Liability Report; and WHEREAS, the Tigard Water District accepted the report with amendments on September 12, 1994; and WHEREAS, the Intergovernmental Water Board reviewed the Tigard Water District's actions and further amendments as proposed by Tigard Water District and its consultants, Economic & Engineering Services, Inc., and unanimously voted. to recommend that the cities of Durham, King City, and Tigard formally adopt the plan; and WHEREAS, the City of Tigard acknowledges that it has reviewed the report and amendments and finds its contents to be consistent with the direction given to the IWB participants within Section 4 of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD THAT: SECTION 1: The conclusions contained within the Tigard Water District System Assets and Liability Report as revised by the Intergovernmental Water Board (IWB) are accepted and adopted. PASSED: By ur10.n*1fY UV_0 vote of all Council members present after being.read by number and title only, this c;nt-01 day of 1994. ~Gathy Wheatley City corder APPROVED: This c:?lSday of 1994. J c wartz, ayor Approved as to form: City Attorn~ly Date.. , 17427-/9 wam\adh\90024Uwate~e 1 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT 4. :Division of `Dranal °District =Assets: '-that the t..:ORS . 'Z=2 ::54 b: Sth'e' Di strict :agrees d vis "n,''of.,-as• ets:';!a ter:;°Grithd aw l.; -roiu:.~ tie;orig nal `Distract •2~y the-!Cit es :sha I `be:•.;c6nsistent ;w~.th`'. the ,,following concepts S - c.Yucie `real j ersonal .:ap4-Aht6ngi.b.le pro ert P Y- e " 'includ.es but is not limited "to: moneys, Ih. gm.gi-b . pr-91 qty ; checks, drafts.,'depos`its, interest, dividends and income. (2) Assets will be divided into two groups: a. System Assets: Assets necessary for the operation of Tigard's water supply system throughout the original District, not•including those "other assets" of Tigard. Personal and intangible property are system assets. 'Water, mains, :service. 'installations, structures, fac :iti;es, - mprovemexits..or:otlier• property necessary .for ;0 ;pp'erat .on,,. o ;the '.G} y of; ;Tigard-' s -Tiater .supply system n ;'ithroughout,•tlie orag~aY D~strct,:are.system assets. a r 5 t. i. , ' 00 7iecessar Y 'for the 3 , . 'r• a operatl'o?of'; :the; :C ~y `pf ;Tigard:1s water supply system d z throe` out the Qr3gana'1': DistrYat Other jss.ets shall -3 t.,.,. sd b n y i which. -the ecome: thelr'p 'ext ::J.::;;:i• , x..:..,,Y . ct;.... :...:'w n pp . g •,locaed Water; .Tna!'1nS':._sevice <ristal.lations, o Structures,'.:ac~lties, 1tnprovements ;:or .other p.rop`erty not nec.essarX : ort the operation.., of , .the:. -Ci: y of Tigard' s wat.eresupply.;system thz:oughout:.the.orginal District are as other :.sets . , _ = z is and other assets shall be pledged by s~se B. -All Sy 'stem 'a' the :Cities and the District to-Tigard.. All system assets and other y assets shall be managed by Tigard and shall be utilized by Tigard y n in order to provide water services to properties, residences and businesses in the original District. 3 C. Should one of the Cities or the District terminate its z water service agreement with Tigard, the Cities' and the District's proportionate interest in a system asset shall be determined based . upon the following formula: -~j .Jurisdiction;':s ..Proportionate Interest = -.(A-+ B + C) /3 Asdicti centage .of_ Current, Consumption, in Qn! . ~:Q~•~g~h~`lt~Di tr:Yct': -f:rr;'•i is ,,ti,:.',:=11.,, 'J ' ':•s. p.. r, zeta = e`.g Curreii.t eal :Market S; p 1 ~ :1:'r,.'.i 4 :,.l C: ~'1L:i:_v~.^y.i'~..•,J, _ .'y 1 za::.s.tr C. C = Jurisdiction's Percentage of -Current Meters in original District 'The Cities' arid. the District's proportionate interest in a systein :asset :capital -improvement shall be based upon the capital improvemerlt!:s..c3eprec ated :vajte:~ The .depreciated value shall- be based uponth_e: of.:the :capital improvement under generally .'aGCeptec-'„accounting princpleusing a. straight line :'method; of.' tleprec a' U .ori.. terinzriati'on:af >ts aA`. ":eeinerit other 'rassets ;shall - the r sdict on : 1 1. h'ich' -the: ,ass.et 's ` o `e'`t`-:•r:of 't e dcoi b Re ' .sated: °`:r: ',i:`'. " • ' Attachment 2 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KING CITY AND THE CITY OF TIGARD FOR DELIVERY OF WATER SERVICE TO THE CITY OF KING CITY THIS FIRST AMENDMENT TO THIS INTERGOVERNMENTAL AGREEMENT (this "Amendment") is made and entered into as of , 2007, by and between the CITY OF KING CITY, an Oregon municipal corporation, (hereinafter "King City") and the CITY OF TIGARD an Oregon municipal corporation (hereinafter "Tigard"), hereinafter together referred to as "The Parties". RECITALS A. The Parties previously entered into that certain INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KING CITY AND THE CITY OF TIGARD FOR DELIVERY OF WATER SERVICE TO THE CITY OF KING CITY dated December 28, 1993 (the "IGA"), relating to the Parties' creation of the Intergovernmental Water Board (hereinafter "IWB") and the cooperative effort to serve the long term water supply needs of the residents of King City. B. The Parties hereto desire to amend the IGA: to further ensure consistency across the jurisdictions among rates and services, to clarify the IWB votes required to change ownership of original District assets, to memorialize a new lease between the Intergovernmental Water Board and the City of Tigard for the Water Building, to establish a process for calculating and recording prorated expenses and revenues, and to allow the IWB to use proceeds from sales of assets for expenses in addition to capital improvements. AGREEMENT NOW THEREFORE, in consideration of the terms and conditions contained herein, the receipt and adequacy of which are hereby acknowledged, the Parties hereby amend the IGA as follows: 1. Paragraph 5. Asset Ownership/Water Rates/Revenues , B., is replaced with the following: First Amendment to the Intergovernmental Agreement City of Tigard/City of King City Page 1 of 4 B. The fees, rates and charges charged by Tigard for providing water services to properties, residences and businesses in King City shall be the same as those charged within Tigard, and rates shall be consistent among those receiving water services from Tigard under this IGA. Notwithstanding the foregoing, Tigard may impose higher fees, rates and charges for providing water service to properties, residences and businesses when the cost of providing such service is greater due to unusual circumstances, including, but not limited to additional cost to pump water up hill to reach customers. Any higher fees, rates and charges imposed for providing water service shall be reviewed by the Intergovernmental Water Board prior to taking effect and shall be limited to covering the actual additional costs of providing such service. When higher fees, rates and charges are imposed, they shall be consistently applied among all member jurisdictions, except that at the request of King City, Tigard will collect on behalf of King City additional charges imposed by King City on King City customers. 2. Paragraph S. Asset Ownership/Water Rates/Revenues C. (2) Moneys/ Revenues, is replaced with the following: (2) Moneys transferred to Tigard as a result of the division of assets after withdrawal from the original District by Tigard which were previously dedicated by the original District to system capital improvements shall be used solely for system capital improvement by Tigard in accordance with subsection 5.D, except that the Intergovernmental Water Board may at its discretion, and consistent with voting requirements in Paragraph 3.D. of this Intergovernmental Agreement, determine that said moneys may be used for other purposes. 3. Paragraph 5, Asset Ownership/Water Rates/Revenues, G. Accounting, is added to as follows: (3) In fulfillment of the Intergovernmental Agreement's intent to reliably and methodically account for expenses and revenues, Exhibit A showing allocation of ownership interests is attached hereto and incorporated thereby as the model for documenting the use of assets by the City of Tigard. 4. Paragraph 3. Intergovernmental Water Board. D., is replaced as follows: D. A quorum of the Board shall be three (3) members. All actions of the board shall require at least three (3) votes, excluding abstentions. First Amendment to the Intergovernmental Agreement City of Tigard/City of King City Page 2 of 4 E. Notwithstanding prior agreements, no more than three (3) jurisdictions' votes (from among Tigard, Durham, King City and the Tigard Water District) will be required to purchase, sell, or otherwise act with respect to the original District's real property assets. By: IWB Representative for the City of Tigard CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by Signature of Notarial Officer First Amendment to the Intergovernmental Agreement City of Tigard/City of King City Page 3 of 4 By: IWB Representative for the City of King City CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by Signature of Notarial Officer First Amendment to the Intergovernmental Agreement City of Tigard/City of King City Page 4 of 4 EXHIBIT A AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CITY OF KING CITY ECONOMIC AND ENGINEERING SERVICES, INC. A380 S W Macadam Avenue, Suite 365 Porttand.OR 97201 (5031 22 -3033 • FAX (503) 274.6248 EXHIBIT A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KING CITY AND THE CITY OF TIGARD Letter Verifying System Asset and Liability Allocations from EES Final Report November 1, 1994 Ms. Beverly Froude Tigard Water District 8777 S.W. Burnham Street Tigard, OR 97223 Dear Ms. Froude: Enclosed please find Economic and Engineering Services, Inc.'s (EES's) final report of system asset and liability-allocations-prepared-for--.t e-T-igar- -Water-D.istnct-(Distnct).._....__.._.._____ The total of assets equals the total of liabilities. This total amount is $25,620,938 and is allocated as follows: Tigard Water District $5,394,464 (21.05%) City of Tigard 17,997,978 (70.25%) City of Durham 1,044,091 (4.08%) City of King City 1,184,406 (4.62%) This report and the allocations have been adopted by resolutions passed by each jurisdiction. Copies of the four resolutions are bound into this final report, immediately after this letter. Very truly yours, ~~ttrfl PRO,rr-sf ~~~)r+Ft e i°~_, ECONOMIC AND ENGINEERING 42SERVICES, INC. OREGON q~ vvv'~^7 rl. c ~Y 2, ~~vS Gilbert R- Meigs ~ ~ Project Manager GRM:pp win1gm11igard.rpl Pao, l o -F Olympia. WA Bellevue. WA Vancouver. B.C Porlland,OR Washington, D.C EXHIBIT A FIRST AMENDMENT TO INTERGOVERNMENTAL AGRiTfvmNT BETWEEN THE CITY OF KING CITY AND, THE CITY OF TIGARD City of Tigard Analysis of Proportionate Interest Allocations Updated from Tigard Water District System Assets and Liabilities Final Report- November 1994 Allocation Basis Real Market Consumption* Value*` Meters*** (A) (B) (C) District 641,523 880,511,030 3,671 Tigard 2,093,982 2,822,340,560 12,196 King City 130,395 201,727,000 1,238 Durham 74,115 116,051,350 358 2,940,015 4,020,629,940 17,463 Proportionate Interests Proportionate Change From Interests Original District 21.82% 21.90% 21.02% 1.58% 3.99% Tigard 71.22% 70.20% 69.84% 0.42% -2.96% King City 4.44% 5.02% 7.09% 5.51% -1.20% Durham 2.52% 2.89% 2.05% 2.49% 0.18% 100.00% 100.00% 100.00% 100.00% 0.00% "Other Assets" Percentages For Allocations District Tigard King City Durham District, Tigard, King City 22.13% 72.22% 5.65% 0.00% 100.00% District, Tigard 23.46% 76.54% 0.00% 0.00% 100.00% Tigard, Durham 0.00% 96.59% 0.00% 3.41% 100.00% Annual consumption from November 1, 2005 through October 31, 2006 Real Market Value (RMV) Updated as of November 7, 2006 Meter count updated as of October 31, 2006 TWD Study Analysis.xlsa~ 2 6/5/20072:47 PM EXHIBIT A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KING CITY AND THE CITY OF TIGARD CITY OF KING CITY RESOLUTION NO. R-94-17 A RESOLUTION OF THE CITY COUNCIL, CITY OF KING CITY, OREGON, TO ADOPT THE TIGARD WATER DISTRICT SYSTEM ASSETS AND LIABILITY REPORT AS REVISED BY THE INTERGOVERNMENTAL WATER BOARD (IWB) WHEREAS, the Tigard Water District; in accordance with Section 4 of the Intergovernmental Agreement (hereinafter "Agreement") between the City of Tigard and the Tigard Water District for Delivery of Water Service to Territories Within the District Boundaries has caused preparation of a System Assets and Liability Report; and WHEREAS, the Tigard Water District accepted the report with amendments on September 12, 1994; and WHEREAS, the Intergovernmental Water Board reviewed the Tigard Water District's actions and further amendments as proposed by Tigard Water District and its consultants, Economic & Engineering Services, Inc., and unanimously voted to recommend that the cities of Durham, King City, and Tigard formally adopt the plan; and WHEREAS, the City of King City acknowledges that it has reviewed the report and amendments and'finds its contents to be consistent with the direction given to the IWB participants within Section 4 of the Agreement; NOW, THEREFORE, BE IT RESOLVED by the KING CITY COUNCIL that: Section 1: The conclusions contained within the Tigard Water District System Assets and Liability Report as revised by the Intergovernmental Water Board (IWB) are accepted and adopted. INTRODUCED AND ADOPTED by the City of King City Council and signed by me in authentication of its passage this 21st day of September , 1994. CITY OF KING CITY, OREGON By, Lynda M. Mayor - King City ATTEST: P(o Te 1 B yk City Recorder RESOLUTION NO. R-94-17 Page 1 of 1 EXHIBIT A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KING CITY AND THE CITY OF TIGARD ' 4. r::';!Dvi'son of 'OrignaT``District Assets:, t''a rees -that the to' .ORS'.2Z25`4~: 4 'the:,<Distrc cA' ~~Euxsuant.~r _,.ri~. 5 a1 :from:` the-:-or` 'Taal 'District b ii vis on,. ets;:afteri~thdraw Y the :'Cisties ::sha~1 =be'. consistent _witth', the .:following concepts:: (1:) Ass'ets.. nc.lizde;'real personal .:an4- . htangible property. "Intang~bl:e pro:pert''•;'includes but is not 'limited to: moneys, checks, drafts., deposits, interest, dividends and income. (2) Assets will be divided into two groups: a. System Assets: Assets necessary for the operation of Tigard's water supply system throughout the original District, not, including those "other assets" of Tigard. Personal and intangible property are system assets. 'W'ater, ;mains, service,. installations, structures, ~fac:il.iti;es,' • mpr.ovements..or:,:other property necessary.for iopration',; of the City ofTigard!s water supply system 'athrougliot; Yie or? g:z7a D;striet,are,. system assets. v, , bYer{Assetsc Assets.. n:at necessary for the operat:op,-'oei my ;af ;Tigacl's water supply system O p : t. oughout4 the original Dist idt.:`:, :Other assets shall 3 : , .;'e'conies-Ytlier,prnperty.d.f;'`:,tie, ;;~ursd:cton;;.i hich.. the. :.asset Ys located.,:;`'°::dater mains, service iristahations, Y.- - - structures;'.°:. a.dilities, improvenien£s or other property c 70 _ riot necessary . ;for the .operationo, ..the.. city of Tigard' s = water .supply.;"system: throughout. the original District are other :.assets . O z B. All system 'assets and other assets shall be pledged by the:Cities and the District to Tigard.. All system assets and other v assets shall be managed by Tigard and shall be utilized by Tigard in order to provide water services to properties, residences and Y businesses in the original District. y C) C. Should one of the Cities or the District terminate its N r~ water service agreement with Tigard, the Cities' and the District's t3rJ proportionate interest in a system asset shall be determined based y upon the following formula: Jurisdiction:':s ..Proportionate Interest. (A' + B + C) /3 A Jursciict'iori!'.s::PeX.centage Current. Consumption, in r., . strict.. S," 7 'Q t •i • :a. ~;P ntage. f rent .12ea1 . M cJ rke . it,, , _ ur+.,lsdac ,D l'e..e o ur a • "t_ C = Jurisdiction's Percentage of Current Meters in original District The_Cities' and. the District's proportionate interest in a system :asset 'capital•:improvement shall be based upon the capital improvement I-s..deprec at:ed ;value The depreciated value shall. be based :upon; .':thee. Dsfu1, .=fife.,: of: :the capital improvement under generally ;rceptea.....accounting principles using a. straight line 'method., o.f.• depreciata on... . the ssets U ` aeriaanat'on` ' 'reeinerit o r :a ;shall . 'w c. ;asset. t r:o `tFie "sd' ' toiin. hi hahe t . is 1?ecoirie;'ahe;';properf':.,_. ic,.. cat :eds...:.;.. l . ~r o - Attachment 3 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD FOR DELIVERY OF WATER SERVICE TO THE CITY OF DURHAM THIS SECOND AMENDMENT TO THIS INTERGOVERNMENTAL AGREEMENT (this "Amendment") is made and entered into as of , 2007, by and between the CITY OF DURHAM, an Oregon municipal corporation, (hereinafter "Durham") and the CITY OF TIGARD an Oregon municipal corporation (hereinafter "Tigard"), hereinafter together referred to as "The Parties". RECITALS A. The Parties previously entered into that certain INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD FOR DELIVERY OF WATER SERVICE TO THE CITY OF DURHAM dated December 23, 1993 (the "IGA"), relating to the Parties' creation of the Intergovernmental Water Board (hereinafter "IWB") and the cooperative effort to serve the long term water supply needs of the residents of Durham. B. The Parties hereto desire to amend the IGA: to further ensure consistency across the jurisdictions among rates and services, to clarify the IWB votes required to change ownership of original District assets, to memorialize a new lease between the Intergovernmental Water Board and the City of Tigard for the Water Building, to establish a process for calculating and recording prorated expenses and revenues, and to allow the IWB to use proceeds from sales of assets for expenses in addition to capital improvements. AGREEMENT NOW THEREFORE, in consideration of the terms and conditions contained herein, the receipt and adequacy of which are hereby acknowledged, the Parties hereby amend the IGA as follows: 1. Paragraph 5. Asset Ownership/Water Rates/Revenues , B., is replaced with the following: Second Amendment to the Intergovernmental Agreement City of Tigard/City of Durham Page I of 4 B. The fees, rates and charges charged by Tigard for providing water services to properties, residences and businesses in Durham shall be the same as those charged within Tigard, and rates shall be consistent among those receiving water services from Tigard under this IGA. Notwithstanding the foregoing, Tigard may impose higher fees, rates and charges for providing water service to properties, residences and businesses when the cost of providing such service is greater due to unusual circumstances, including, but not limited to additional cost to pump water up hill to reach customers. Any higher fees, rates and charges imposed for providing water service shall be reviewed by the Intergovernmental Water Board prior to taking effect and shall be limited to covering the actual additional costs of providing such service. When higher fees, rates and charges are imposed, they shall be consistently applied among all member jurisdictions, except that at the request of Durham, Tigard will collect on behalf of Durham additional charges imposed by Durham on Durham customers. 2. Paragraph 5. Asset Ownership /Water Rates/Revenues C. (2) Moneys/ Revenues, is replaced with the following: (2) Moneys transferred to Tigard as a result of the division of assets after withdrawal from the original District by Tigard which were previously dedicated by the original District to system capital improvements shall. be used solely for system capital improvement by Tigard in accordance with subsection 5.1), except that the Intergovernmental Water Board may at its discretion, and consistent with voting requirements in Paragraph 3.D. of this Intergovernmental Agreement, determine that said moneys may be used for other purposes. 3. Paragraph 5, Asset Ownership/Water Rates/Revenues, G. Accounting, is added to as follows: (3) In fulfillment of the Intergovernmental Agreement's intent to reliably and methodically account for expenses and revenues, Exhibit A showing allocation of ownership interests is attached hereto and incorporated thereby as the model for documenting the use of assets by the City of Tigard. 4. Paragraph 3. Intergovernmental Water Board. D., is replaced as follows: D. A quorum of the Board shall be three (3) members. All actions of the board shall require at least three (3) votes, excluding abstentions. Second Amendment to the Intergovernmental Agreement City of Tigard/City of Durham Page 2 of 4 E. Notwithstanding prior agreements, no more than three (3) jurisdictions' votes (from among Tigard, Durham, King City and the Tigard Water District) will be required to purchase, sell, or otherwise act with respect to the original District's real property assets. By: IWB Representative for the City of Tigard CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by_ Signature of Notarial Officer Second Amendment to the Intergovernmental Agreement City of Tigard/City of Durham Page 3 of 4 By: IWB Representative for the City of Durham CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by_ Signature of Notarial Officer Second Amendment to the Intergovernmental Agreement City of Tigard/City of Durham Page 4 of 4 EXHIBIT A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CITY OF DURHAM ECONOMIC AND ENGINEERING SERVICES, INC. (10 X380 S W Macadam Avenue, Suile 365 Poriland.OR 97201 .3033 • FAX (503) 274.6248 15031223 EXHIBIT A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD Letter Verifying System Asset and Liability Allocations from EES Final Report November 1, 1994 Ms. Beverly Froude Tigard Water District 8777 S.W. Burnham Street Tigard, OR 97223 Dear Ms. Froude: Enclosed please find Economic and Engineering Services, Inc.'s (EES's) final report of + ......system.asset.an4.li4b . ity allocations prepared for the Tigard Water District (District). The total of assets equals the total of liabilities. This total amount is $25,620,938 and is allocated as follows: Tigard Water District $5,394,464 (21.05%) City of Tigard 17,997,978 (70.25%) City of Durham 1,044,091 (4.08%) City of King City 1,184,406 (4.62%) This report and the allocations have been adopted by resolutions passed by each jurisdiction. Copies of the four resolutions are bound into this final report, immediately after this letter. Very truly yours, PROIC-r- ~v\~ rv~Glr~e`R ECONOMIC AND ENGINEERING 42SERVICES, INC. /OREGON. 'Cb Gilbert R Meigs RT R. Project Manager GRM:pp win\gmuigud.rpl Olympia. WA Bellevue, WA Vancouver. B.C Porlland.OR Washinglon, D.C _ EXHIBIT A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD City of Tigard Analysis of Proportionate Interest Allocations Updated from Tigard Water District System Assets and Liabilities Final Report- November 1994 Allocation Basis Real Market Consumption* Value** Meters*** (A) (B) (C) District 641,523 880,511,030 3,671 Tigard 2,093,982 2,822,340,560 12,196 King City 130,395 201,727,000 1,238 Durham 74,115 116,051,350 358 2,940,015 4,020,629,940 17,463 Proportionate Interests Proportionate Change From Interests Original District 21.82% 21.90% 21.02% 21.58% 3.99% Tigard 71.22% 70.20% 69.84% 70.42% -2.96% King City 4.44% 5.02% 7.09% 5.51% -1.20% Durham 2.52% 2.89% 2.05% 2.49% 0.18% 100.00% 100.00% 100.00% 100.00% 0.00% "Other Assets" Percentages For Allocations District Tigard King City Durham District, Tigard, King City 22.13% 72.22% 5.65% 0.00% 100.00% District, Tigard 23.46% 76.54% 0.00% 0.00% 100.00% Tigard, Durham 0.00% 96.59% 0.00% 3.41% 100.00% * Annual consumption from November 1, 2005 through October 31, 2006 Real Market Value (RMV) Updated as of November 7, 2006 Meter count updated as of October 31, 2006 TWD Study Analysis.xls ~Q 6/5/20072:47 PM EXHIBIT A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD CITY OF DURHAM, OREGON RESOLUTION NO. 3 25 -`I ~ A RESOLUTION OF THE CITY COUNCIL, CITY OF DURHAM, OREGON, TO ADOPT THE TIGARD WATER DISTRICT SYSTEM ASSETS AND LIABILITY REPORT AS REVISED BY THE INTERGOVERNMENTAL WATER BOARD (IWB) WHEREAS, the Tigard Water District, in accordance with Section 4 of the Intergovernmental Agreement (hereinafter "Agreement") between the City of Tigard and the Tigard Water District for Delivery of Water Service to Territories Within the District Boundaries has caused preparation of a System Assets and Liability Report; and WHEREAS, the Tigard Water District accepted the report with amendments on September 12, 1994; and WHEREAS, the Intergovernmental Water Board reviewed the Tigard Water District's actions and further amendments as proposed by Tigard Water District and its consultants, Economic & Engineering Services, Inc., and unanimously voted to recommend that the cities of Durham, King City, and Tigard formally adopt the plan; and WHEREAS, the City of Durham acknowledges that it has reviewed the report and amendments and finds its contents to be consistent with the direction given to the IWB participants within Section 4 of the-Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DURHAM THAT: SECTION 1: The conclusions contained within the Tigard Water District System Assets and Liability Report as revised by the Intergovernmental Water Board (IWB) are accepted and adopted. PASSED AND APPROVED this 2'T day of 19 4. First Reading .1- 27 -q4 Mayo Second Reading ATTEST: City Recorder warnW ch\54038\iwaterb xe2 Pay 3 ,+4 EXHIBIT A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD 4. ;17vi°sion -Or i . 'a In al` District Assets: " n,- ht 'to"'ORS' 2:22:b:4tri'e'Distrtct :agrees `t#iat -the id n'o::as'~'ets.?after::;urthd'rawa3.;.r'om:'the;ar~~7{nal:Distr:ict 'by th'e- Cities `'shad`-be:: cohsitterit _w!th`.f~he following concepts:: c.liide~'reai ers na.l :and. ihtan ible ert ..As's.'ets..'-.in... 'P, g: P Y '!•In ang tl property 'includes i u:t is not -limited 'to: moneys, checks, drafts.,'deposits, interest, dividends and income. (2) Assets will be divided into two groups: a. System Assets: Assets necessary for the operation of Tigard's water supply system throughout the original District, not.including those "other assets" of Tigard. Personal and intangible property are system assets. Plater, mains, :service., installations, structures, ~ Mac X;it e inprovemerits..or;,:other, property necessary .for t~ h. -he °:City :of ;';Tigard! s grater . supply system iop' Xat.on,. :off 't ithroughouttithe orgihnal DistrYet,:are.,system assets. y • `~.i'"~ Vii: , , O O -:Assets n! o*. : 'necessary for the z o eratio ;';of';; he; iky ;of :Tigatd;'s water supply system p. thz+o ghout the ,pr~g~ir~al "SDistrict.::; ::O.ther assets shall t7 Z O ei r? - +~b'e'c ..~e.':.~tiier: •"p : _;p~ert , -'o.~'::.fth :which. the. ~ ~assest==3:s...;,located:;':=:':Watermain; :.service <nsta'ilatozis, o structures:,`:ac~litihs:; .mpro'vements :or other 'property o O ; C ;not .i}ec.essar;y::ford 'tl e-.operat on:.of..the;. City' of Tigard 's O water. ~sVpply. system throughout:.the :original District are ~gther assets . ~ B. All system assets and other assets shall be pledged by the.:Cities. and..the District. to Tigard.' . All.. system. assets.. and. other.... ta. assets shall be managed•by Tigard and shall be utilized by Tigard y in order to provide water services to properties, residences and businesses in the original District. y C. Should one of the Cities or the District terminate its M water service agreement with Tigard, the Cities' and the District's proportionate interest in a system asset shall be determined based . upon the following formula: Jurisdict on:':s ..Proportionate Interest. _ (A- + B + C) /3 ~uris.dict-iori!..s.::percentage .of,. Current. Consumption. in ' _ .:.rl: :•w....'7, 5_;.5 : i i.'•:. ai":' 'fi`t •i y' J is,~''ict `':•s. ;'i `:r,eeista e Current eat .:Market . . tLic>~ 011. Pe: ?•,",.,ue.;:' n~o. iia Disaxict'', C = Jurisdiction's Percentage of Current Meters in original District 'The. Cities' arid.the District's proportionate interest in a system :asset :cap tal .'improve-ment shall be based upon the capital . improvemer!t{:s..c~eprec ated, ;Iv..alue:~ The depreciated value shall- be based : ?upon; : th_e,: useful , .1f e..: of. :the capital improvement under 'accepted; .;:accounting,,. principles. using a. straight line general Y. 'method; of.' depreciation,. - the sse s ..,termnat<`'on o.f>=this shall. a e 'ro er't' :af _ftie ursdct'f :'iri 'which 'the ;ass.et s becgm '`the',.p, P., J:.: Q ed: - , • 5 ~ "J i 1. f:i Attachment 4 TENANCY IN COMMON AGREEMENT THIS AGREEMENT is made and effective the day of , by CITY OF TIGARD ("Owner"), CITY OF DURHAM ("Owner"), CITY OF KING CITY, ("Owner"), and TIGARD WATER DISTRICT, ("Owner"), collectively known as the INTERGOVERNMENTAL WATER BOARD (IWB), and hereinafter referred to as the "Owners". The Owners agree as follows: WHEREAS, the ownership of the Water Building and associated real property (Water Building Property) was vested in the Tigard Water District (TWD) as a single entity and is now owned by City of Tigard, City of King City, City of Durham and Tigard Water District as Tenants In Common; and WHEREAS, the IWB and its member jurisdictions desire to provide for the management and control of the Property; and WHEREAS, the Water Building Property is suitable and has been used for water operations, City of Tigard offices, and IWB and TWD meetings; and WHEREAS, the Owners of the Water Building Property have determined that the preferred disposition of the Water Building property is to lease it to the City of Tigard for use in water operations, as city offices and other related activities. The Owners agree as follows: 1. Acquisition of Property. The Owners have acquired certain real and personal property commonly known as THE WATER BUILDING, located at 8777 SW Burnham Street, Tigard, Oregon, and more particularly described as Exhibit A attached hereto and incorporated by this reference (the "Property"). 2. Co-Tenancy. The Property has been improved as the Water Building, a building suitable for water operations, city offices and related activities. The intent of the Owners is to enter into a Lease with the CITY OF TIGARD and to manage and control the Property as Co-Tenants through this Agreement. 3. Business Name. The business of the co-tenancy shall be conducted under the name "INTERGOVERNMENTAL WATER BOARD (IWB)". An application for registration of a fictitious business name shall be filed and published as provided by law. 4. Declaration of Ownership. The owners as described intend that their relationship with respect to the Property shall be a tenancy in common. The Owners intend that no provision of this Tenancy In Common Agreement shall be construed as establishing a partnership, joint venture, or any other form of business entity. Page 1 of 10 - Water Building Tenancy In Common Agreement 5. Ownership Interest. The names of the Owners and their percentage of undivided interests in the Property are currently as follows: Name Percentage Ownership City of Tigard 70% Tigard Water District 22% City of King City 5.5% City of Durham 2.5% The Property has been acquired by the co-tenancy. The Owners shall be responsible for payment of all financial obligations of the co-tenancy in the proportion of their ownership interests. Every twenty-four (24) months and at the time of the sale of the Property, the ownership proportions shall be adjusted to reflect population changes as a result of annexation, and Owners will execute a new deed to reflect the changes. 6. Expenses. The expenses incurred with respect to the Property shall be the obligation of the Owners. Anticipated expenses include, but are not limited to: cost of repairs, maintenance, debt service, taxes, assessments, insurance and property management, and as provided for in the Intergovernmental Agreements. In the event of a conflict between or among the agreements with respect to this Tenancy In Common, this Agreement will prevail. Periodically, the Owners shall determine the extent, if any, of additional funds necessary to provide for the payment of expenses. Each Owner shall pay a portion of the amount necessary to pay expenses equal to the Owner's undivided interests in the Property. Payment shall be made within thirty (30) days for receipt by the Owner of notice of the amount due. 7. Improvements. In the event the Owners shall further improve the Property, each Owner shall be obligated for the costs of such improvements in an amount proportionate to the Owner's undivided interest in the Property, except as may otherwise be provided for in the Lease. The Owners shall determine whether to assess the cotenants for the amount required for said improvements, or to finance said amount as a joint debt of the cotenants. In the event an assessment is made, payment shall be made within thirty (30) days of receipt by the Owner of notice of the amount due. 8. Default. In the event an Owner shall fail to pay his or her obligations within the time prescribed above in the amount due under the terms of this Agreement, the undivided interest of the nonpaying Owner shall be subject to a lien in the amount of the deficiency. The provisions of Section 18 of this Agreement relating to liens shall be applicable to an unpaid obligation of an Owner. 9. Revenue, Expenses and Deductions. Subject to Section 12, the revenues, expenses and Page 2 of 10 - Water Building Tenancy In Common Agreement deductions from the operation and any sale of the Property shall be shared by the Owners in proportion to their respective undivided interest in the Property. 10. Disbursements. The Owner shall determine if funds are available for disbursement from the operations of the Property and shall direct the Manager hereinafter described to pay said amounts to the Owners in proportion to their respective undivided interests in the Property, subject to the provisions of the Lease and the Intergovernmental Agreement. 11. Proceeds from Sale or Refinance. Proceeds received from any sale or refinancing of the Property, or from the condemnation or destruction of the Property, to the extent that the proceeds are not needed for debt service, anticipated expenses, and reasonable reserves for contingencies as determined by the Owners, shall be retained by the IWB as reserves for capital projects. Notwithstanding the foregoing, the Owners may determine to use part or all of said proceeds to reduce or repay any mortgage indebtedness, contract, or other liability incurred in connection with the Property. 12. Management. The Owners have each engaged the CITY OF TIGARD ("Tigard") to manage the property under terms and conditions contained in the Intergovernmental Agreement and the Water Building Lease. The Owners agree that Tigard may enter into a separate off-site management agreement with a management company of Tigard's choice as it may approve, for management of the Property. 13. Duties of Propelly Manager. The City of Tigard shall be responsible for performance of all services and duties as specified in the Water Building Lease. None of the Owners, their agents or representatives, shall be entitled to any compensation for management or other services rendered to or for the Property unless such compensation is expressly authorized by the Owners, and subject to the Lease, and Intergovernmental Agreement. 14. Allocation of Purchase Price on Sale or Other Distribution of Property. The allocation of the purchase price received for any sale of the Property as between real property, improvements and personal property, shall be determined by the IWB and the accountant for the co-tenancy, in consultation with the Owners, who shall be bound by said determination. 15. Liens and Encumbrances. Any lien or encumbrance on an Owner's undivided interest in the Property, including but not limited to, any judicial attachment, any judgment lien, any lien arising out of the order or judgment of any court, any lien in connection with taxes claim due any governmental unit, any lien arising under federal or state bankruptcy or insolvency laws, and any lien arising from non-payment by an Owner of amounts pursuant to the terms of this Agreement, shall be discharged by said Owner, and the undivided interest released, within ten (10) days after the lien is filed or otherwise becomes effective. Failure to discharge the lien and obtain release of the undivided interest within the stated time shall constitute a default of this Agreement. During the term of the default, interest shall accrue on any unpaid balance due the co-tenancy at the rate of ten percent (10%) per annum. All amounts due, plus interest thereon, shall be immediately due and payable without further demand and notice. In addition to the foregoing, the remaining Owners may Page 3 of 10 - Water Building Tenancy In Common Agreement agree to revoke the right of the defaulting Owner to vote and manage the affairs of the co-tenancy. Any cash distributions which may become payable to a defaulting Owner shall be reduced by the outstanding amounts due plus interest thereon. The remaining Owners shall have the right, but not the obligation, to pay the deficient amount and to obtain release of the lien and to receive reimbursement for the amount of the deficiency plus interest as provided above, from any cash distributions which may become payable to the defaulting Owner. 16. Bonding of Liens. An Owner whose interest in the Property is subject to a lien may, within thirty (30) days after the lien is filed or otherwise becomes effective, deposit with the remaining Owners cash, a corporate surety bond, or other security satisfactory to the remaining Owners, in an amount sufficient to discharge the lien and all costs, attorney's fees and other charges which could accrue as a result of a foreclosure or sale under the lien. Upon making said deposit, the Owner shall not be considered in default of this Agreement. 17. Waiver of Right of Partition. Each Owner irrevocably waives the right to directly or indirectly maintain an action or petition in any court for a partition of the Property. 18. Restrictions on Sale of the Owner's Interest. An Owner may sell, convey or transfer the Owner's undivided interest in the Property only in compliance with the terms of this Section 18, the Intergovernmental Agreement, and the Water Building Lease (granting Right of First Refusal to the City of Tigard). Upon the withdrawal of an Owner from the IWB, the remaining Owners shall have . authority to act on behalf of the withdrawn Owner with respect to the Property. Any sale of a portion of the interest of an IWB member jurisdiction must be to another member jurisdiction or to the IWB as a group. 18.1 Sale. An Owner may sell, convey or transfer its interest only to another Owner. 18.2 Price. The selling price of the Water Building property shall be established through an appraisal performed by an appraisal company highly experienced in valuation of properties similar to the Water Building Property and selected by the mutual agreement of Seller and Purchaser, except the value of the improvements on the Property, which shall be valued according to the System Assets and Liabilities Final Report (Section II, Utility Plant in Service) prepared by Economic and Engineering Services, Inc. dated November 1994. 19. Right of First Refusal. No Owner/Landlord of the Property shall sell or transfer the Owner's/Landlords undivided interest in the Property except as set forth herein and in the Water Building Lease to the City of Tigard. In the event that three (3) out of four (4) of the representative jurisdiction Owners vote to sell the Water Building Property, the City of Tigard shall have the Right of First Refusal. Within 30 days of notification to Tenant that the Property will be sold, Tenant shall notify Owner of the intent to exercise the right to purchase the Property. Within 30 days of Tenant's notification to Landlord, the City of Tigard shall determine the Canterbury Property improvement value as set forth in the System Assets and Liabilities Final Report (Section II, Utility Plant in Service) prepared by Economic and Engineering Services, Inc. dated November 1994, and order an appraisal of the land to be performed by an appraisal company highly experienced in valuation of Page 4 of 10 - Water Building Tenancy In Common Agreement land similar to the Property and agreed upon by seller and purchaser. Within 30 days of receiving the determination of value of the Property, the sale shall be closed. 20. Vote on Sale of Water Building. Subject to the provisions of the Water Building Lease and of this Tenants in Common Agreement Section 18.1 Right of First Refusal, the Owners may sell the Water Building upon an affirmative vote of three (3) out of four (4) of the representative Owner jurisdictions and the net proceeds distributed to the Owners under the terms of Section 11 above. 21. Required Vote for Determinations. All determinations to be made by the Owners under the terms of this Agreement, other than sale of the Property, shall be by majority vote of the five (5) members of the IWB. Unless specifically provided otherwise, an affirmative vote of three or more of the IWB members shall be required for any action to be taken, any determinations to be made, or any authorizations to be given by the Owners under the terms of this Agreement. 22. Manner of Votiniz. All determinations to be made by the Owners shall be made at meetings or by telephone conferences. However, the Owners may make determinations without a meeting or telephone conference by obtaining the signed, written vote of each Owner. 23. Events of Termination. The co-tenancy Agreement shall continue until terminated by the occurrence of one of the following events: the sale of the Property, the majority agreement of the Owners to terminate this Agreement, or the majority Agreement of the Owners to divide and separate the Property among themselves. 24. Effect on Obligations. Termination shall not affect the rights or obligations of the Owners which arise prior to the termination. 25. Notices. All notices will be in writing and delivered by mail or in person to each Owner. 26. Attorney. In the event of suit, action or arbitration to interpret or enforce any of the terms of this Agreement, including any action under the Bankruptcy laws of the United States, the prevailing party or parties shall be awarded such sum as the court or arbitrator may adjudge reasonable as attorney fees in such suit, action or arbitration and in any appeal or review therefrom. 27. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of each of the Owners, their respective heirs, executors, administrators, legal representatives, successors and assigns. 28. Amendment. This Agreement may be amended at any time by the Owners in the same manner as they make any other determination under Sections 21 and 22 of this Agreement. 29. Integration. This Agreement contains the entire Agreement of the Owners and supercedes all prior and contemporaneous agreements between them with respect to the co-tenancy. Except as fully set forth herein, there are no presentations, agreements, or understandings, oral or written, among the Owners relating to the co-tenancy, except for the Intergovernmental Agreements, and the Page 5 of 10 - Water Building Tenancy In Common Agreement Lease. 30. Severability. If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 31. Governing Law. This Agreement shall be subject to, and governed by, the laws of the State of Oregon. The parties have executed this agreement as of the date first written above. Page 6 of 10 - Water Building Tenancy In Common Agreement By: IWB Representative for the City of Tigard CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by Signature of Notarial Officer Page 7 of 10 - Water Building Tenancy In Common Agreement By: IWB Representative for the Tigard Water District CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by Signature of Notarial Officer Page 8 of 10 - Water Building Tenancy In Common Agreement By: IWB Representative for the City of Durham CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by Signature of Notarial Officer Page 9 of 10 - Water Building Tenancy In Common Agreement By: IWB Representative for the City of King City CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by Signature of Notarial Officer Page 10 of 10 - Water Building Tenancy In Common Agreement EXHIBIT A WATER BUILDING TENANTS IN COMMON AGREEMENT LEGAL DESCRIPTION OF PROPERTY DESCRIPTION PARCEL I A tract of land in Section 2, Township 2 SW6, Range I Best of the: Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at a point of intersection of the Southwesterly right of way line of that certain 50 foot strip of right of way conveyed to the Oregon Blectiie Railway Company by James R. O'Hara and Hary C. O'Hara, his wife, by deed dated January 4, 1907 and recorded February 16, 1907, on Page 40 of Book 75, Deed Records of Washington County, Oregon, and the lest line of the William Graham Donation Land Claim No. 39, said point L-eing monumented by an iron pipe; thence South 43' 00' West along the vest Donation Land Claim line a distance of 354.3 feet, more or less, to the center line of County Road No. 977; thence South 45' 04' East along the center line of said County Road; a distance of 95.75 feet; thence South 0' 21' Fleet a distance of 132.33 feet to a point, said point being monumented by an iron pipe; thence South 89' 41' East, a distance of 368,55 feet to a point in the center line of County Road No. 227; thence North 0' 19' East along the center line of County Road No. 227 to a point an the Southwesterly right of way line of the Oregon Electric Railway Company, as aforesaid; thence North 41' 58' West along the South- westerly right of way line as aforesaid, a distance of 291.63 feet to the point of beginning, PARCEL II A tract of land in Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the point of intersection of the Southwesterly right of way line of that certain 50 foot strip of right of way conveyed to Oregon Electric Railway Company by James R. O'Hara and Mary C. O'Hara, his wife, by deed dated Janus. ry 4, 1907, and recorded February 16, 1907, on Page 40 of Book 75, Deed Record, of Washington County, Oregon, and the west line of the William Graham Donation Land Claim No. 39, said point_being monumented by an irou pipe; tbonce South 43' 00' West along said west donation land claim line a distance of 354,3 feet, more or less, to the center of County Road do. 997; thence North 45' 04' 30" West along the canter line of County Road No. 997, a distance of 241.44 feet; thence North 43' 00' Past a distance of 367.75 feet, more or leas, to a point on the Page 2 EXHIBIT A WATER BUILDING TENANTS IN COMMON AGREEMENT LEGAL DESCRIPTION OF PROPERTY DESCRIPTION - Continued Southwesterly right of uny line of that cart~in 50 foot strip of right of way conveyed to the Oregon Electric Railway Company by Rudolph BinziVer and S. C. Bunziker, his wife, by deed dated December 13, 1906 and recorded February 16, 1907, on Page 39 of Book 75, Deed Records of Washington County, Oregon, thence South 41° 58' East a distance of 242.25 feet, more or lees, along said South- westerly right of way line to the point of beginning. PARCEL III A tract of land in Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at a point in the center of County Road North 45° 46' West 241.44 feet of the most easterly corner of that certain tract of land conveyed to Charles Burnham by deed recorded in Book W, Page 162, Deed Records of Washington County, Oregon, said beginning point being also the wet westerly corner of that certain tract of land conveyed to W. J. Kerry by deed recorded in Book 146, Page 1.05, Deed Records; thence North 42° 19' Past along the northwesterly line of said Kerry tract, 367.7 feet to the westerly right of way of Oregon Electric Railway Company; thence Northwesterly along said right of way line 60 feet to a point; thence South 42° 19' West 374.23 feet, more or less, to center line of County Road and the easterly line of said Burnham tract; thence South 45' 46' East 60 feet, more or less, to the place of beginning. Attachment 5 TENANCY IN COMMON AGREEMENT THIS AGREEMENT is made and effective the day of , by CITY OF TIGARD ("Owner"), CITY OF DURHAM ("Owner"), CITY OF KING CITY, ("Owner"), and TIGARD WATER DISTRICT, ("Owner"), collectively known as the INTERGOVERNMENTAL WATER BOARD (IWB), and hereinafter referred to as the "Owners". WHEREAS, the ownership of the Canterbury Property was vested in the Tigard Water District (TWD) as a single entity; and is now owned by the City of Tigard, City of King City, City of Durham, and the Tigard Water District as Tenants In Common; and WHEREAS, the IWB and its member jurisdictions desires to provide for the management and control of the Property; and WHEREAS, on April 11, 2007, the IWB adopted Resolution 07-02, recommending to the Tigard City Council that a portion of the Canterbury property be declared surplus; and WHEREAS, the City of Tigard has expressed an interest in purchasing the surplus property for use as a public park; and WHEREAS, the Owners of the Canterbury Property have determined that the preferred disposition of the surplus Canterbury Property is that it should be sold under the conditions set forth in IWB Resolution 07-02. The Owners agree as follows: 1. Acquisition of Property. The Owners have acquired certain real and personal property commonly known as THE CANTERBURY PROPERTY, located at 10310 SW Canterbury Lane, Tigard, Oregon, and more particularly described as Exhibit A attached hereto and incorporated by this reference (the "Property"). 2. Co-Tenancy. The Property has been improved with two (2) reservoirs and a storage building. The intent of the Owners is to enter into a sale agreement with CITY OF TIGARD to purchase a portion of the Property ("Park Property") for use as a public park and to continue in ownership of the balance of the Property as Co-Tenants. 3. Business Name. The business of the co-tenancy shall be conducted under the name "INTERGOVERNMENTAL WATER BOARD (IWB)". An application for registration of a fictitious business name shall be filed and published as provided by law. Page 1 of 10 - Canterbury Property Tenancy In Common Agreement 4. Declaration of Ownership. The owners as described intend that their relationship with respect to the Property shall be a tenancy in common. The Owners intend that no provision of this Tenancy In Common Agreement shall be construed as establishing a partnership, joint venture, or any other form of business entity. 5. Ownership Interest. The names of the Owners and their percentage of undivided interests in the Property are currently as follows: Name Percentage Ownership City of Tigard 70% Tigard Water District 22% City of King City 5.5% City of Durham 2.5% The Property has been acquired by the co-tenancy. The Owners shall be responsible for payment of all financial obligations of the co-tenancy in the proportion of their ownership interests. Every twenty-four (24) months, and at the time of any sale of the Property, the ownership proportions shall be adjusted to reflect population changes as a result of annexation, and Owners will execute a new deed to reflect the changes. 6. Expenses. Until the sale of the surplus portion of the Property, the expenses incurred with respect to the Property shall be the obligation of the Owners. Anticipated expenses include, but are not limited to: cost of repairs, maintenance, debt service, taxes, assessments, insurance and property management, and as provided for in the Intergovernmental Agreements. In the event of a conflict between or among the agreements with respect to this Tenancy In Common Agreement, this Agreement will prevail. Periodically, the Owners shall determine the extent, if any, of additional funds necessary to provide for the payment of expenses. Each Owner shall pay a portion of the amount necessary to pay expenses equal to the Owner's undivided interests in the Property. Payment shall be made within thirty (30) days for receipt by the Owner of notice of the amount due. 7. Improvements. In the event the Owners shall further improve the Property, each Owner shall be obligated for the costs of such improvements in an amount proportionate to the Owner's undivided interest in the Property. The Owners shall determine whether to assess the cotenants for the amount required for said improvements, or to finance said amount as a joint debt of the Page 2 of 10 - Canterbury Property Tenancy In Common Agreement cotenants. In the event an assessment is made, payment shall be made within thirty (30) days of receipt by the Owner of notice of the amount due. 8. Default. In the event an Owner shall fail to pay his or her obligations within the time prescribed above in the amount due under the terms of this Agreement, the undivided interest of the nonpaying Owner shall be subject to a lien in the amount of the deficiency. The provisions of Section 18 of this Agreement relating to liens shall be applicable to an unpaid obligation of an Owner. 9. Revenue, Expenses and Deductions. Subject to Section 12, the revenues, expenses and deductions from the operation and any sale of the Property shall be shared by the Owners in proportion to their respective undivided interest in the Property. 10. Disbursements. The Owner shall determine if funds are available for disbursement from the operations of the Property and shall direct the Manager hereinafter described to pay said amounts to the Owners in proportion to their respective undivided interests in the Property, subject to the provisions of the Lease and the Intergovernmental Agreement. 11. Proceeds from Sale or Refinance. Proceeds received from any sale or refinancing of the Property, or from the condemnation or destruction of the Property, to the extent that the proceeds are not needed for debt service, anticipated expenses, and reasonable reserves for contingencies as determined by the Owners, shall be retained by the IWB as reserves for capital projects. Notwithstanding the foregoing, the Owners may determine to use part or all of said proceeds to reduce or repay any mortgage indebtedness, contract, or other liability incurred in connection with the Property. 12. Management. The Owners have each engaged the CITY OF TIGARD ("Tigard") to manage the Property under terms and conditions contained in the Intergovernmental Agreement. The Owners agree that Tigard may enter into a separate off-site management agreement with a management company of Tigard's choice as it may approve, for management of the Property. 13. Duties of Property Manager. The City of Tigard shall be responsible for performance of all services and duties as set forth in the Intergovernmental Agreement. None of the Owners, their agents or representatives, shall be entitled to any compensation for management or other services rendered to or for the Property unless such compensation is expressly authorized by the Owners, and subject to the Lease, and Intergovernmental Agreement. 14. Allocation of Purchase Price on Sale or Other Distribution of Property. The allocation of the purchase price received for any sale of the Property as between real property, improvements and personal property, shall be determined by the IWB and the accountant for the co-tenancy, in consultation with the Owners, who shall be bound by said determination. Page 3 of 10 - Canterbury Property Tenancy In Common Agreement 15. Liens and Encumbrances. Any lien or encumbrance on an Owner's undivided interest in the Property, including but not limited to, any judicial attachment, any judgment lien, any lien arising out of the order or judgment of any court, any lien in connection with taxes claim due any governmental unit, any lien arising under federal or state bankruptcy or insolvency laws, and any lien arising from non-payment by an Owner of amounts pursuant to the terms of this Agreement, shall be discharged by said Owner, and the undivided interest released, within ten (10) days after the lien is filed or otherwise becomes effective. Failure to discharge the lien and obtain release of the undivided interest within the stated time shall constitute a default of this Agreement. During the term of the default, interest shall accrue on any unpaid balance due the co-tenancy at the rate of ten percent (10%) per annum. All amounts due, plus interest thereon, shall be immediately due and payable without further demand and notice. In addition to the foregoing, the remaining Owners may agree to revoke the right of the defaulting Owner to vote and manage the affairs of the co-tenancy. Any cash distributions which may become payable to a defaulting Owner shall be reduced by the outstanding amounts due plus interest thereon. The remaining Owners shall have the right, but not the obligation, to pay the deficient amount and to obtain release of the lien and to receive reimbursement for the amount of the deficiency plus interest as provided above, from any cash distributions which may become payable to the defaulting Owner. 16. Bonding of Liens. An Owner whose interest in the Property is subject to a lien may, within thirty (30) days after the lien is filed or otherwise becomes effective, deposit with the remaining Owner's cash, a corporate surety bond, or other security satisfactory to the remaining Owners, in an amount sufficient to discharge the lien and all costs, attorney's fees and other charges which could accrue as a result of a foreclosure or sale under the lien. Upon making said deposit, the Owner shall not be considered in default of this Agreement. 17. Waiver of Right of Partition. Each Owner irrevocably waives the right to directly or indirectly maintain an action or petition in any court for a partition of the Property. 18. Restrictions on Sale of the Owner's Interest. An Owner may sell, convey or transfer the Owner's undivided interest in the Property only in compliance with the terms of Section 18 herein, and the Intergovernmental Agreement. Upon the withdrawal of an Owner from the IWB, the remaining Owners shall have authority to act on behalf of the withdrawn Owner with respect to the Property. Any sale of a portion of the interest of an IWB member jurisdiction must be to another member jurisdiction or to the IWB as a group. 18.1 Sale. An Owner may sell, convey or transfer its interest only to another Owner or Owners. 18.2 Price. The selling price of the Property shall be established through an appraisal performed by an appraisal company highly experienced in valuation of properties similar to the Canterbury Property and selected by the mutual agreement of Seller and Purchaser, except the Page 4 of 10 - Canterbury Property Tenancy In Common Agreement value of the improvements on the Property, which shall be valued according to the System Assets and Liabilities Final Report (Section II, Utility Plant in Service) prepared by Economic and Engineering Services, Inc. dated November 1994. 19. Sale of the Park Property. The Owners may sell the Park Property upon an affirmative vote of three (3) out of four (4) of the representative Owner jurisdictions and the net proceeds distributed under the terms of Section 11 above. 20. Right of First Refusal. No Owner/Landlord of the Property shall sell or transfer the Owner's/Landlords undivided interest in the Property except as set forth herein. In the event that three (3) out of four (4) of the representative jurisdiction Owners vote to sell the Canterbury Property, the City of Tigard shall have the Right of First Refusal. Within 30 days of notification to Tenant that the Property will be sold, Tenant shall notify Owner of the intent to exercise the right to purchase the Property. Within 30 days of Tenant's notification to Landlord, the City of Tigard shall determine the Canterbury Property improvement value as set forth in the System Assets and Liabilities Final Report (Section II, Utility Plant in Service) prepared by Economic and Engineering Services, Inc. dated November 1994, and order an appraisal of the land to be performed by an appraisal company highly experienced in valuation of land similar to the Property and agreed upon by seller and purchaser. Within 30 days of receiving the determination of value of the Property, the sale shall be closed. 21. Required Vote for Determinations. All determinations to be made by the Owners under the terms of this Agreement, other than sale of the Property, shall be by majority vote of the five (5) members of the IWB. Unless specifically provided otherwise, an affirmative vote of three or more of the IWB members shall be required for any action to be taken, any determinations to be made, or any authorizations to be given by the Owners under the terms of this Agreement. 22. Manner of Voting. All determinations to be made by the Owners shall be made at meetings or by telephone conferences. However, the Owners may make determinations without a meeting or telephone conference by obtaining the signed, written vote of each Owner. 23. Events of Termination. The co-tenancy Agreement shall continue until terminated by the occurrence of one of the following events: the sale of the Property, the majority agreement of the Owners to terminate this Agreement, or the majority Agreement of the Owners to divide and separate the Property among themselves. 24. Effect on Obligations. Termination shall not affect the rights or obligations of the Owners which arise prior to the termination. 25. Notices. All notices will be in writing and delivered by mail or in person to each Owner. Page 5 of 10 - Canterbury Property Tenancy In Common Agreement 26. Attorney Fees. In the event of suit, action or arbitration to interpret or enforce any of the terms of this Agreement, including any action under the Bankruptcy laws of the United States, the prevailing party or parties shall be awarded such sum as the court or arbitrator may adjudge reasonable as attorney fees in such suit, action or arbitration and in any appeal or review therefrom. 27. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of each of the Owners, their respective heirs, executors, administrators, legal representatives, successors and assigns. 28. Amendment. This Agreement may be amended at any time by the Owners in the same manner as they make any other determination under Sections 21 and 22 of this Agreement. 29. Integration. This Agreement contains the entire Agreement of the Owners and supercedes all prior and contemporaneous agreements between them with respect to the co- tenancy. Except as fully set forth herein, there are no presentations, agreements, or understandings, oral or written, among the Owners relating to the co-tenancy, except for the Intergovernmental Agreements, and the Lease. 30. Severability. If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 31. Governing Law. This Agreement shall be subject to, and governed by, the laws of the State of Oregon. The parties have executed this agreement as of the date first written above. Page 6 of 10 - Canterbury Property Tenancy In Common Agreement By: IWB Representative for the City of Tigard CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by_ Signature of Notarial Officer b Page 7 of 10 - Canterbury Property Tenancy In Common Agreement By: IWB Representative for the Tigard Water District CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by Signature of Notarial Officer Page 8 of 10 - Canterbury Property Tenancy In Common Agreement By: IWB Representative for the City of Durham CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by_ Signature of Notarial Officer Page 9 of 10 - Canterbury Property Tenancy In Common Agreement By: IWB Representative for the City of King City CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Signed or attested before me on 2007, by Signature of Notarial Officer Page 10 of 10 - Canterbury Property Tenancy In Common Agreement EXHIBIT A CANTERBURY PROPERTY TENANTS IN COMMON AGREEMENT LEGAL DESCRIPTION OF PROPERTY ea S,A.T .gux iville lie~ght's a subdivision of rocorii Begs iu ng .fit.. the;; q,}? it corner of 'Lot in. Seat3on Z1 .Ton?a hiR '•2 ;30~? Range. I lvea~ oA: '6'}'l~~.:aipotte Meridian, in Washington ~'6..toge ,:soistex hloi ttie?~Gflat4~` Ifeaatt►rlr~.aa Lot Sol on ,teetj thence -North dud para.Ublltrith the'1`leat lino of said lot l6-5 Seat to tW North .tine, theraoTj .thence'Neat 264 -feet to the place of beainnina; Toaethcr with an egaompnt over the fo]lotiring deacr3bed tract of l+mdt Begi. fiiAthe...ti~ Y~dast onrner of the above ••ds~qoribed. property; thonco Zaat,tslortg. 1 : Tidardvi]1e .Heiallto the copter.oS .liai-dbs;k Avon~e, 1h.o co „t. SoiFi B.oi..aeid%~ts's7itai ..3Yiiia°di st;inoe oS t thsnc~ '•i'Issb and paa11e3 witfa :•l;he' Northtline of 'Lot 5P.-to-theEast line o;r tl►e a6ovb4ppcribed tract of land, thence North a.distance' of 12 feat to the place of beginning:•. Attachment 6 AFTER RECORDING, RETURN TO: Attn: Timothy V. Ramis Ramis Crew Corrigan, LLP 1727 NW Hoyt Street Portland, OR 97209 BARGAIN AND SALE DEED TIGARD WATER DISTRICT, ("Grantor") conveys to the TIGARD WATER DISTRICT, CITY OF TIGARD, CITY OF DURHAM AND CITY OF KING CITY, as "Tenants In Common" with the following undivided interests: City of Tigard 70% Tigard Water District 22% City of Durham 2.5% City of King City 5.5% the following real property known as the Water Building and legally described as, See Attached "Exhibit A: Property Description" Subject to any easements, rights of way, and reservations as the same may exist or appear of record. Subject also to the Tenancy In Common Agreement dated 52007. The true consideration for this conveyance is Zero Dollars ($0.00). THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this day of , GRANTOR: Signed, Tigard Water District Print Name and Title of Signing Official (Notarial Certificate on following page) Bargain and Sale Deed for the Water Building Property Page 1 of 2 STATE OF OREGON ) ) ss COUNTY OF ) This instrument was signed before me on by Notary Public My Commission expires: Bargain and Sale Deed for the Water Building Property Page 2 of 2 EXHIBIT A WATER BUILDING DEED LEGAL DESCRIPTION OF PROPERTY DESCRIPTION PARCEL I A tract of land in Section 2, Township 2 SJth, Range 1 West of the: Willamette xeridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at a point of intersection of the Southwesterly right of way line of that certain 50 foot strip of right of way conveyed to the Oregon Electric Railway Company by James R. O'Hara and Mary C. O'Mara, his wife, by deed dated January 4, 1907 and recorded February 16, 1907, on Page 40 of Book 75, Deed Records of"Washington County, Oregon, and the nest line of the William Graham Donation Land Claim No. 39, said point being monumented by an iron pipe; thence South 43' 00' West along the vest Donation Land Claim line a distance of 354.3 feet, more or less, to the center line of County Road No. 977; thence South 45' 04' East along the center line of said County Road; a distance of 95.75 feet; thence South 0' 21' West a distance of 132.33 feet to a point, said point being monumented by an iron pipe; thence South 89' 41' East, a distance of 368.55 feet to a point in the center line of County Road No. 227; thence North 0' 19' East along the center line of County Road No. 227 to a point on the Southwesterly right of way line of the Oregon Electric Railway Company, as aforesaid; thence North 41' 58' West along the South- westerly right of way line as aforesaid, a distance of 291.63 feet to the point of beginning. PARCEL II A tract of land in Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the point of intersection of the Southwesterly right of way line of that certain 50 foot strip of right of way conveyed to Oregon Electric Railway Company by James R. O'Hara and Mary C. O'Hara, his wife, by deed dated January 4, 1907, and recorded February 16, 1907, on Page 40 of Book 75, Deed Records of Washington County, Oregon, and the vast line of the William Graham Donation Land Claim No. 39, said point being monumented by an irou pipe; tbance South 43' 00' West along said west donation land claim line a distance of 354.3 feet, more or less, to the center of County Road No. 997; thence North 45' 04' 30" West along the center line of County Road No. 997, a distance of 241.44 feet; thence North 43' 00' Past a distance of 367.75 feet, more or less, to a point on the Page 2 EXHIBIT A WATER BUILDING DEED LEGAL DESCRIPTION OF PROPERTY DESCRIPTION - Continued Southwesterly right of way line of that cart~i 50 foot strip of right of way conveyed to the Oregon Electric Railway Company by Rudolph Bunzfter and S. C, Hunziker, his wife, by deed dated Decerlw r 13, 1906 and recorded lebruary 16, 1907, on Page 39 of Book 75, Deed Records of Washington County, Oregon, thence South 41' 50' East a distance of 242.25 feet, more or less, along said South- westerly right of way line to the point of beginning. PARCEL III A tract of land in Section 2, Township 2 South, Eauge I Was', of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at a point in the center of County Road North 45' 46' West 241.44 feet of the moat easterly corner of that certain tract of land conveyed to Charles Burnham by deed recorded in Book W, Page 162, Deed Records of Washington County, Oregon, said beginning point being also the most westerly corner of that certain tract of land conveyed to W. J. Kerry by deed recorded in Book 146, Page 105, Deed Records; thence North 42' 19' Past along the northwesterly line of said Kerry tract, 367.7 feet to the westerly right of way of Oregon Electric Railway Company; thence Northwesterly along said right of way line 60 feet to a point; thence South 42' 19' West 374.23 feet, more or less, to center line of County Road and the easterly line of said Burnham tract; thence South 45' 46' East 60 feet, more or less, to the place of beginning. Attachment 7 AFTER RECORDING, RETURN TO: Attn: Timothy V. Ramis Ramis Crew Corrigan, LLP 1727 NW Hoyt Street Portland, OR 97209 BARGAIN AND SALE DEED TIGARD WATER DISTRICT, ("Grantor") conveys to the TIGARD WATER DISTRICT, CITY OF TIGARD, CITY OF DURHAM AND CITY OF KING CITY, as "Tenants in Common" with the following undivided interests: City of Tigard 70% Tigard Water District 22% City of Durham 2.5% City of King City 5.5% the following real property known as the Canterbury Property and legally described as, See Attached "Exhibit A: Property Description" Subject to any easements, rights of way, and reservations as the same may exist or appear of record. Subject also to the Tenancy In Common Agreement dated 52007. The true consideration for this conveyance is Zero Dollars ($0.00). THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this day of , GRANTOR: Signature, Tigard Water District Print Name and Title of Signing Official (Notarial Certificate on following page) Bargain and Sale Deed for the Canterbury Property Page 1 of 2 STATE OF OREGON ) ss COUNTY OF ) This instrument was signed before me on by Notary Public My Commission expires: Bargain and Sale Deed for the Canterbury Property Page 2 of 2 I I EXHIBIT A. CANTERBURY PROPERTY DEED LEGAL DESCRIPTION OF PROPERTY Boginr4)Pg At., t~le;;.ao.~~h~vest earner of 'Lot 5.;t Tigardville lia~ghta a subdivision of r©cor~i #?n. 5edt3on 11 Tornphip 2 Soupy Range I Was- of the mm. - arpo.tte Meridian, in Washington G+7}Ii+yy,+?~c'Qg4nlrrl'ierG,s Sozxth;3:g,79~ iYest alon'the West line of said sud~vaa.Ion b: i~t to.:.tha..:SoutYngQt::;o:p? n~F.:or. X,ot ..hene.: has},. aloes: •1?e_.Sou.tlinp 2'64 ,feet; theaoe North esi3 parallo],~ivith the'1'~eet lino o'k said lot 165 feet to the" North dine: thereof; thence•'Nest 264 Poet to the place of beginning; Together with an eas~nent over tha folloiang described tract of 1w4t Begi. ~ ;t?~sr..Noxrtheamt earner of the abovs doaprlbad. property; thence Euat sv?lpgtj thq~ i 7idardvilla .Hsigl r.s~ to the cet~ter:.of L{iai-dock Avon e, th.o co 5oi h:.:~i7ong••said o'eiiti~r ']iris •.distAnoe of °-f0t- thencp V. t and parkildl-w th the North4lins of 'Lot 5, .to_tha_.East line o;V the -.above --dogcribed tract of land., thence North a,distame of 12 foot to the' place of beginni.na. 6/26/07 Council discussion continued to 7/10/07 meeting. Another option suggested: Appoint Council Candidate in lieu of election if only one candidate on ballot. Agenda Item # Meeting Date June 26, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Select an Election Date for the City Councilor Position and Reevaluate the Nomination Petition Filing Deadline Prepared By: Cathy Wheatley Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Councilor special election take place on September. 18 or November 6, 2007? STAFF RECOMMENDATION Approve the proposed resolution to select the November 6, 2007, as the date for the special election to elect a City Councilor for one year, January 1, to December 31, 2008. Two options of the proposed resolution are attached in the event the City Council decides it would like to: Option 1: Confirm that the nomination petition filing deadline is 4 p.m. on July 9, 2007. Option 2: Extend the nomination petition filing deadline to 4 p.m. August 27, 2007. KEY FACTS AND INFORMATION SUMMARY ■ On May 8, 2007, City Council approved a motion to appoint Nick Wilson to serve as interim City Councilor until an election could be held. Election date choices were: September 18, or November 6, 2007. ■ To avoid paying for two elections, the City Council decided to wait to determine which election date to set for the City Councilor position until it could be determined if there would be an initiative measure on the September ballot. If the initiative measure did not qualify for the September election, the Council decided the City Councilor election would be held in November. Staff estimated that the September election could cost up to $48,000 because there were no other ballot measures proposed for this election date by other jurisdictions. The November election will cost substantially less (estimated cost is $16,000) because it appears that a statewide measure will be on that ballot and the City would share the cost of the election with the state. The Council stated its preference to select the November election date if possible. ■ Potential City Council candidates seeking nomination were told to complete the nomination by petition process no later than July 9, 2007. This July 9 filing deadline would mean that candidates would qualify for either the September or November ballots. ■ If the Council selects the November election date, then the nomination petition filing deadline could be extended to 4 p.m., August 27, 2007. ■ Regardless of the date of the election, the Councilor elected would begin his or her term on January 1, 2008, and would serve for one year. ■ It is now known that there will be no initiative measure on either the September or November ballots. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Two resolutions: Option 1: Filing deadline for completing the Candidates Filing by Petition Process is 4 p.m., July 9, 2007. Option 2: Filing deadline for completing the Candidates Filing by Petition Process is 4 p.m., August 27, 2007. FISCAL NOTES Estimated cost for the November 2007 election is $16,000. There was $30,000 set aside in the FY `07/'08 Budget for a possible special election for the City Council position and the anticipated initiative measure. iAadm\packet'07W70026\counc1l agenda item summary sheet 07 • council election.doc CITY OF TIGARD, OREGON Option 2 TIGARD CITY COUNCIL RESOLUTION NO. 07- A RESOLUTION CALLING FOR A SPECIAL ELECTION ON NOVEMBER 6, 2007, FOR THE ELECTION OF A CANDIDATE TO THE OFFICE OF TIGARD CITY COUNCILOR TO SERVE FOR A ONE-YEAR TERM: JANUARY 1, TO DECEMBER 31, 2008 WHEREAS, a vacancy occurred in the position of City Councilor due to the April 24, 2007, resignation of Councilor Sally Harding; and WHEREAS, for the conduct of City business the Council determined it would appoint Nick Wilson to this Council position to serve May 15, to December 31, 2007; WHEREAS, the City Council determined that the election for the office of City Council would be held on November 6, 2007, for a one-year term: January 1, to December 31, 2008. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Recorder is instructed to take the necessary steps to ensure that a special election is conducted for a City Councilor position on November 6, 2007. SECTION 2: To be placed on the November ballot, the candidate must completed the Candidates Filing by Petition process no later than 4 p.m., August 27, 2007. SECTION 3: The candidate who receives the most votes shall serve as Councilor from January 1, 2008 to December 31, 2008 SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2007. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard iAadm\packet'07t070626\council resolution 07 - council election date.doc RESOLUTION NO. 07 - Page 1 Agenda Item No. Meeting of (.0 o~ (0, 0-7 i MEMORANDUM TO: Mayor Craig Dirksen and Tigard City Council FROM: Loreen Mills, Risk Manager RE: 41h of July Funding Request FY 2006/07 DATE: June 22, 2007 The City has recently received a funding request from Tigard 4th of July, Inc. This request is vr time sensitive and must be decided no later than next Tuesday evening at Council's regular meeting. This memo provides information on the request for your review and consideration. Craig Prosser will bring this up for Council discussion under non-agenda items on Tuesday, June 26. If Council decides to fund the request, staff will have the budget amendment paperwork available at the meeting. Tigard's 4th of July celebration is a family-oriented, non-alcoholic event. The event is highly popular and has grown significantly since its inception. The organizer is Tigard 4th of July, Inc., a local non-profit group who has managed the event since 1990. They coordinate efforts with the City for police & public works services and TVF&R for emergency services. Since 1990, the City has provided insurance coverage along with special event funding and in-kind services. Due to today's insurance market requirements, the City is no longer able to add this event to our liability policy. This is because the City does not "direct and control" the event. Since this insurance change occurred in April this year, Tigard 4Th of July, Inc. was not able to adjust their community event funding request to the City to cover the insurance premium of $2,550 for the 2007 and 2008 events (FY 2006-07 & FY 2007-08). It is their desire to continue to offer this event to the citizens of Tigard with no admission charge. This premium rate represents about 20% of their annual operating budget. If Council decides to grant the request, it will be necessary to approve a budget amendment on Tuesday evening since the event is scheduled to occur in less than two weeks. The budget amendment for FY 2006-07 would transfer the amount from General Fund Contingency to the Community Events Budget. cc: Craig Prosser, CityManager Bob Sesnon, Finance Director Agenda Item # Meeting Date June 26, 2007 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Purchase of Five (5) Ford Crown Victoria Police Interceptors Prepared By: Joe Barrett Dept Head Approval: City Mgr Approval:- ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board approve the purchase of five (5) Ford Crown Victoria Police Interceptors for use during law enforcement patrol? STAFF RECOMMENDATION Staff recommends the Local Contract Review Board approve the purchase of the five (5) Ford Crown Victoria Police Interceptors utilized State of Oregon Contract #3196. KEY FACTS AND INFORMATION SummARY e For operational and financial reasons, the City follows a police vehicle replacement schedule based on industry standards for vehicle length of service, maintenance costs, and officer safety. e The City's replacement schedule for patrol cars will remain up-to-date with the purchase of five (5) new vehicles. e The City is eligible to purchase Ford Crown Victoria Police Interceptors through State of Oregon Contract #3196 with Gresham Ford, thus assuring competitive pricing and saving the City the cost of preparing a formal Invitation to Bid for the vehicles. e By ordering the vehicles prior to June 28, 2007, the City will avoid an additional markup of nearly $1,000 per vehicle as pricing will increase after that date. OTHER ALTERNATIVES CONSIDERED Do not approve the purchase of these vehicles through State of Oregon Contract #3196 and direct staff to carry out a formal Invitation to Bid process. CTTY COUNCIL GOALS None. ATTACHMENT LIST None. FISCAL NOTES Each vehicle is estimated to cost $22,352 for a total purchase price of $111,760 for the five vehicles requested. This price is budget estimate of $26,000 per vehicle in the FY 2007-2008 Police Operations budget. By ordering these vehicles prior to June 28, 2007 the City will save approximately $1,000 per vehicle.