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City Council Packet - 08/14/2007
City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 IN TIGARD CITY COUNCIL MEETING August 14, 2007 COUNCIL MEETING WILL BE TELEVISED 1: \Ofs\D o n n a's\Ccpkt 1 Phone: 503.639.4171 9 Fax: 503.684.7297 . www.tigard-or.gov 9 TTY Relay: 503.684.2772 City of Tigard, Oregon Affidavit of Posting TIGARD In the Matter of the Proposed Ordinance(s) 07-15 and 07-16 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 14 io A. 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) QZ4~- 7_,//h , which were adopted at the City Council meeting of with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of tj C' , 200 V 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 Ha d., Tigard, Oregon Signature of Person who Performed Posting Subsc . ed and sw (or affirmed) before me this day of 2o~Z. OFFICIAL SEAL CAROL A KRAGER Signature of Notary Public for O on NOTARY PUBUC-OREGON COMMISSION NO. 402780 MY COMMISSION EXPIRES FEBRUARY 23, 2010 CITY OF TIGARD, OREGON Version 1 TIGARD CITY COUNCIL ORDINANCE NO. 07-,5- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE, TMC 5.04, MAKING CHANGES TO THE BUSINESS TAX STRUCTURE WHEREAS, TMC 5.04 established a City of Tigard business tax; and WHEREAS, the code and fees have not been revised or changed since 1988; and, WHEREAS, a proposal to change the business tax to a business license and increase the fees has been presented to various representatives of the business community and received an overall favorable response; and WHEREAS, other changes need to be made to the existing code to implement other recommended revisions that include changes to administrative and collection procedures; -and NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 5.04 of the Tigard Municipal Code is amended as shown in Attachment A (Version 1) to this ordinance. (Strike-through text is deleted; underlined text is added). SECTION 2: This ordinance shall be effective January 1, 2008 after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By jC//?JrnDI,b votof all Coun membepresent after being read by number and title only, this /-4 day 6&,(577j , 2007. Catherine Wheatley, City Recorder Ak '_.i'. J- APPROVED: By Tigard City Council this day o 32007. Craig ksen, Mayor Ap roved as to form,: Attorney J~-, 1'4- Date ORDINANCE No. 07- l~ Page 1 Deleted: TAXES Deleted: Inserted: LICENSES ij / Deleted: The purposeof this 1 i /j Deleted: Attachment A j Inserted: The purpose of this 1' 2 (Version 1) Deleted:I TIGARD MUNICIPAL CODE Deleted: 5.04.010 ' S°°" r Cha ter 5.04 BUSINESS11CENSES. J' Deleted: De purpose of this licensing procedure is to ; Deed: of.....Thcsefees g Sections: assure compliance with the provisions of this % Deleted:... or 4 ' • _ _ _ _ _ _ _ _ --charter and defray the reasonable costs of j pew. 5.04.010 Short Title. administration of this chapter by any Deleted: Tax 5.04.020 Purpose. Department involved in administration and 5.04.030 Definitions. enforcement- activities under Skis chapter. The ( Deleted: 5.04.040 Prohibited Business Operation. fees generated under authority of this chapter shall Dew: Rmipt 5.04.050 One Act Constitutes Doing be in addition to, and not in lieu of, any other ~.1 Deleted: Business. license permit fee, charge tax or fine required ' , ' Dew; Tax 5.04.060 Agents Responsible For under any ordinance of the City. P!` Obtaining A Business, License. Deleted: joint Tai 5.04.070 Separatp License For Branch It is not intended by this chapter to repeal' Deleted: a Establishments and Multiple abrogate or annul or in any way impair or t'' r Inserted: at Same Locations Locations. interfere with the existing provisions of other laws Deleted: 5.04.080 Rental Real Property. or ordinances, except those specifically repealed Deleted: Tax 5.04.090 Multiple Businesses At Same_ by the ordinance codified in this _c_ha~ter_Where Deleted: Locations. this chapter imposes a greater restriction o13; For Mere Delivery 5.04.100 No Business Licens& uir Persons, P_ remises or personal property than is Deleted: Ta=•-•Reeeipts s __eq ~ r' 5.04.110 Business _ License jiguired But Exempt im op_sed or rpquired by such existing rovisions Deleted: For Nooprofn Enter 6 From Business License Fee )Y, 9r~1D~i1~e~COllttt_4i decal, the Droy' ' $.04.120 Issuance Of Business License. so4.uo Issuance of this chapter shall ntrol Deleted:' 5.04.130 Procedure For Obtaining Business License.\ Deleted: 5.04.i3o - Procedure g The provisions of this chapter shall be 5.04.140 Display. 1 ~ Deleted: I deemed an exercise ot: the power of the City to'it 5.04.150 Reissue Of Business License, ---_--license for revenue. The -provisions of this i Deleted: s 04.14.0 . misplay. 11 5.04.155 Change In Business Ownership. \ chapter prescribing license fees shall be strictly Deleted:5.04.130.Reiss°eo 5.04.160 Fee Schedule. construed in favor of the applicability of the ,I 9 i~ i Deleted:, 5.04.165 Renewal. license fee. 10rd. 07-X, Ord. 88-13 '1 Exhibit 5.04.170 Commercial Crime Unit. A )(part), 1988 - - 1~.!:`", °:50°lbo -F«seh 50 5.04.173 Temporary Business. 1'i Deleted: wntrol.1 11 5.04.180 Administration And 5.04.030...__._----Definitions._-_--.-..---....---_..-..-.-----_-..-. Deleted: Enforcement 'I1~~''.% Deleted: (ord. 89-13 §1(Exhi ' 12 5.04.190 Penalties. For the purposes of this chapter, the 5inserted: .04.200 Rate Review d Adjustment. _ g p~ following terms, words and their ~i Deleted: C derivations shall have the meaning given herein. i;', 5.04.10 Short Title. When not inconsistent with the context, words m ! 1 Inserted: control (o,4. oz-x The provisions of this chapter shall be known the present tense include the future, words in the j (I 1 Deleted: - jonl 07-X, 13 and may be cited as the "Business Licensr._ plural ntunlterjnclude_the singulai_numbet-atid i+;Deleted- Ordinance of the City of Tigard." (Ord. 07-X, words in the singular number include the p1 ur411, +„,1;,'i'1' "shall" Deleted: 14 Ord. 88-13 §I(Exhibit A)(part), 1988) number. The word is always man datory not.merely_directo~'•---- I. A,It' Fomnatted: Bullets and Nu is 5.04.020 Purpose. Deleted: for 1A 1: inserted: for the power of dz 16 +'I. Deleted: Tax Ree6pt 5-04-1 Code Update: 03102 Formatted: Bullets and N 17 Deleted: Insetted: ''911• Deleted:, Deleted: 1!!`':. Deleted: A ~i Formatted: Bullets and N 18 •'i'i [1911 20 Attachment A (Version 1) TIGARD MUNICIPAL CODE 1. "Business" means all kinds of that person's own behalf, or for any other person, vocations, occupations, professions, enterprises, under either personal appointment or pursuant to establishments, and all kinds of activities and law. matters, together with all devices, machines, vehicles and appurtenances used therein, any of "Permanent business" means Deleted: s which are conducted for private profit, or benefit, professions, trades, occupations, shops and all and I either directly or indirectly, on any premises in the every kind of calling carried on for profit; City, including home occupations. personal gain, trade or barter and livelihood at a fixed or permanently established place of business 2. A person "engages in business" within maintained within the City. the meaning of this chapter when soliciting orders for future delivery, selling or offering for sale, "Premises" means and includes all oeteted:9 trade or barter any goods, merchandise or service, lands, structures, places and also the equipment performing any service for profit, delivering any and appurtenances connected or used therewith in.. goods or merchandise within the City, personalty any business, and also any personal property advertising by individual contract with residents which is affixed to or is otherwise used in. of the City any goods, merchandise or service to connection with any such business conducted on be sold or performed within or without the City. such premises. Such activity shall also include engaging in an enterprise, establishment, store, shop, activity, "Temporarybusiness" _means any. Deleted: io profession or undertaking of any nature business that meets the criteria outlined in Chapter conducted, either directly or indirectly, for private 18.385.050 of the Community Development Code profit or benefit and has a valid temporary use permit. _(Ord. 88-13 § 1(Exhibit Axpart~ 1988). 3. "The City" means the City of Tigard, Oregon. 5.04.040 Prohibited Business Operation. 4. "City Council" means the City Council It shall be unlawful for any persons, either of the City of Tigard, Oregon. directly or indirectly, to engage in any business Deleted: paid without having first , obtained a business license / 5. "Full-time equivalent employee" means and where applicable, a Home Occupation Permit , Deleted: the total number of hours worked by all and payingjhe business license fee as prescribed Deleted:tuasprovided employees working within the City of Tigard by this chapter. -(Ord. 07-X, Ord. 88-13 Dueled: t divided by two thousand eighty hours, which §1(Exhibit A)(part), 1988). equals the number of full-time equivalent Deleted: 6..1tinerant businese means employees working within the City of Tigard. 5.04.050 One Act Constitutes Doing all persons, fnms or corporations, f including merchants, solicitors, peddlers, Business. hawkers and agents, engaging in the "Person" means and includes but is not business in the City to sell or solicit for sale products or services, when such limited to individual natural persons, partnerships, For the purpose of this chapter, any persons pawn,, ftrns or corporations do not joint ventures, societies, associations, clubs, shall be deemed to be engaging in business or, _ maintam a permanent place of business trustees, trusts or corporations; or any officers, engaging in nonprofit enterprise, and thus subject -ffi- the city or who are nor engaging agents, employees, factors of any kind or personal to the requirements of Section 5.04.040, when in "temporary business" as defined below_1 representatives thereof; in any capacity, either on undertaking one of the following acts: \ t Deleted: 7 5-04-2 Code Update: 03102 Attachment A (Version 1) TIGARD MUNICIPAL CODE branch establishment or separate place of business 1. Selling any goods or service; for the purposes of this chapter when there is a representative of the owner or the owner's agents 2. Soliciting business or offering goods or on the premises who is authorized to transact services for sale j►ire, trade or barter; business for each owner or owners agent, or there Deleted: or . is a regular employee of the owner or of the 3. Acquiring or using any vehicle or any owners agent working on the premises.- (Ord. 88- I premises, for business purposes in the City. -(Ord. 13 §1(Exhibit A)(part), 1988). Deleted: in the City 88-13 §1(Exhibit Axpart), 1988) j 5.04.090 Multiple Businesses At Same Deleted: JoW Tax 5.04.060 Agents Responsible For Location. peN„ Obtaining A BusinesSLicense, A person engaged in two or more businesses Inserted: at same r oreo■ The agents---lepresentatives or other at the same location shall not be required to pay I responsible parties doing business in the City shall separate business license fees for conducting each Deleted: Tax Receipt be personally responsible for the compliance of such business; but, when eligible, shall be issued Deleted: or ad= ' their principals and of the businesses they one pusiness license which shall specify on its Dew; taxes represent with the provisions of this chapter. face all such businesses.- (Ord 07-X, Ord 88-13 (Ord 88-13 §I(Exhibit A)(part), 1988). §1(ExhibitA)(part), 1988). Deleted: ~e~t 5.04.070 Separate icense For Branch 5.04.100 _ No Business LicenseRequired, - Deleted: Tax Establishments And Multiple Deleted: Tax Locations. NMithstanding the requirements of Deleted: For Mere nerryery chapter, the following shall not be required to ed°' Jf any person engages in business in more applX for and obtain a business license. Del, - - - than one location in the City, a business license Inserted: and Multiple r.oeations fee shall be paid in the manner prescribed in this 1. No business license shall be required Deleted: chapter for each branch establishment or location for any person for any mere delivery in the City of Deleted: A tax of the business engaged in, as if each such branch any oropgrty_purchased or acquired in good faith j Fos establishment or location 'were a separate from such person at the reug lar place of business' Bullets and NurrtDerirg business; provided, that warehouses and outside the City. distributing plants used in connection with and incidental to a business icensed under the 2. Minors engaged in babysittine, delivery - „ Deleted: taxed provisions of this chapter shall not be deemed to of newspapers, mowing lawns, washing cars, and Formatted: Bullets and Numbeft be separate places of business or branch similar activities. establishments. Separately franchised operations shall be deemed separate businesses even if 3. City Sponsored events. Formamea: Buuets and Numbering operated under the same name. -(Ord. 07-X, Ord. 88-13 §1(Exhibit A)(part), 1988). 4. Casual or isolated sales (i.e. garage or moving sales) made by persons who are not ;t 5.04.080 Rental Real Property. engaged in the business of selling the type of r. property involved, provided that no more than Each rental real property shall be deemed a four such sales are made annually and last no 5-04-3 Code Update: 03102 ,r• Deleted: 0 Inserted: 013 §I (ExhibitA 21 I' Deleted: I i i i Deleted: N. tax shall be rcq ' 22 f Deleted: I 23 Attachment A ' Deleted: Tax (Version 1) ';:iDeleted: b 'TIGARD MUNICIPAL CODE i but Exempt longer than three days at a time. (Ord. 07-X, Ord. previously issued which has been lost, stolen, Deleted: r 88;,13 (Exhibit AXM), 1988 _defaced, or destroyed, without any iltful conduct Inserted: from Business License Fee on the part of the icensee n the filin b the Deleted: Receipts For Noup to X5.04.110 Busiptssjicense Required flit icensee of d statement attestin to such a fact and l Dom; 1 Exempt From Business License haying the Citya fee as provided in the City's fee Deleted: The City shell issue schedule. Ord. 07 Ord. 88-13 §](Exhibit ' zs Deleted: Axpart), 1988). ~ A non-profit business is required to obtain a Inserted: Aron-pm'tduin 2 business license, but shall be exempt from the 5.04.130 Procedure For Obtaining A Deleted: ad Displaying A Receipt business license fee. The City shall issue a Ausiness License. De other [281 business license, without requiring the payment of 29 any, business license fee therefor, to any persons 1. 1 business licenses shall be / Dele e or organization for the conduct or operation of a issued upon written application and receipt of the Inserted: e nonprofit enterprise, either regular or temporary, applicable fee by the City_ Deleted:. i•. when the City finds that the applicant operates Forteatted: Bullets and N 3p without private profit, for a public, charitable, 2. The business license application shall be Deleted: educational, literary, frat~ or religious,__ _ ,completely filled out before a business license is Deleted: purpose u se. A person or organization operating issued. , under nonprofit exemption shall operate the 31 nonprofit enterprise in compliance with the An applicant seeking an exemption Deleted: A nonprofit appli 3z provisions of this chapter and all other applicable under section 5.04.11-0-AA-W6 it an application Deleted: t 33 rules and regulations. (Ord. 07-X, Ord. 88-13 therefor to the City upon the prescribed forms, } D:1 1 Exhibit A) (part~ 1988 .04.120 and shall furnish such additional information and V Inserted: Jssuance Of Busipe_ss icense. make such affidavits as the City shall require. (Ord. 07-X, Ord. 88-13 O(Exhibit A)(part) , Deleted: 3..A 1. The City shall collect all _usiness Deleted: ...9 F.71351 license fees and shall issue usiness licenses ` Deleted:' under the provisions of this chapter. The City 5.04.140 Display. Deleted: tax receipts shall be 36 shall promulgate and enforce rules and regulations necessary for the operation and enforcement of Upon payment of the business ')icense fee a Dew` - this chapter. Such rules shall be available to the person shall be issued a business license by the Deleted:2 public upon request. City, which shall be lTpt posted in a conspicuous Deleted: e...a 371 place on the business premises at all times. If Deleted: Tax 2. Businesses which constitute a home there is no physical structure on which to display 0 Deleted: taxes receipts occupation as defined in Chapter 18.385.020 of the business license, the business license shall be i . t` the Tigard community development code shall in the possession of the representative of the Deleted: have a valid home occupation permit prior to the business present within the City at all times during Inserted: issuance of a business icense_All other business which b_usines_s_ is being transacted. 4Ord. 07-X 1 Deleted: Tbebusirmstaxapp 39 icenses shall be issued upon written application Ord 88-13 ] xhibit A 1988. Deleted: tax, and receipt of the applicable fee b the City. d . 5.04.150 Reissue OfAusiness License. ---1 ' 3, A duplicate usiness license Inserted: dept posted -m a con._ shall be 40 issued by the City to replace anypusiness license A business license ma be reissued if \ Deleted: tax receipt.::tax al Deleted: a person shall be 42 Deleted: ` 5-044 Code Update: 03102 Deleted: Tax Receipt Deleted: tax 43 Deleted: i Attachment A (Version 1) TIGARD MUNICIPAL CODE I incorrect information is recorded on the license as The pusiness license year shall be from Deleted: A - provided belowti January V to December 31s` • Deleted: 1. If the reissue is the result of incorrect A business license will be valid from the 11 ` Dew: hs st - - Inserted: hsall be`t = Jac 1' to information due to an error.by the City or a City date of issue through December 31 of that year \ . 1e'y employee, there will be no fee. December 31 . - Deleted:. 4 ,The business license fee shall pe paid 2. If the reissue is the result of incorrect annually in advance of the business license year. Inserted: information due to an error by the applicant or an For businesses starting after January I' of any Deleted: tax reeeipC,may be reissued if agent of the applicant, a reissue fee in the same year, the business license fee shall be paid within incorrect information is recorded on the ~ care. amount as the initial issue fee will be required. one month of commencing business. Businesses certificate. shall be liable for the license fee from the date Deleted: tax retxrpt win be valid from the date of payment through December 3. If a business licensee relocates during the commence doing business within the Ciri 3 1 st of that yew. the calendar year, City files will be updated but a and not from the date that the license fee is paid or Deleted: 2 new business license will not be issued until the business license application is submitted next renewal business license is issued. _ Ord. 07- - ' jDeleted: The initiatpayment of an y Ord 88-13 1 xhibit A art 1988. 5. The initial business license fee for an 1 l=• § - ~~I annual business tax eanbe made at my annual business license can be made at anty time. 1 c®e. Thereafter the atimal tax shall be 5.04.155 Change In Business Ownership. There after the annual business license fee shall be 1, auxin fan January 1st `Tee a®nat fee If a person engages 'j will be prorated for those businesses who due in full every January 1 s'. begin operation after January 1 If a person transfers or assigns a business for in business at any time on or after July I' of a which a license has been paid, the license is business license year, the fee for such business `I~'' transferable to the new owner after the receipt of a license shall be equal to one-half the business I Deleted: 3 change of ownership fee. The change of license fee set forth in subsection I above. Deleted: ownership fee shall be established by resolution as Irrespective of when during the period from Deleted: 1 provided for under section 5.04.160. The new January Is' to December 31' of such license year Deleted: owner shall inform the City of the change in such person engaged in business, and each I Dew: There will no business tax ownership by paying the change in ownership fee applicant must pay the full or partial fee for the ' refunds for businesses whocrose and filing a new license application, but shall not current license year or any portion thereof during `1'~ operation or who move out of Tigard have to pay an additional business license fee for which the applicant has engaged in business. i during the 1a yCBf that business license year. The new owner will Deleted: tax receipt holder relocates retain the old license number for the remainder of 6. There will be no business license fee j during the calendar year, City files will be updated but a new receipt will not be the business license year. A change in the name refunds for businesses that cease operation o~ issued until the next renewal . 44 of the business or change in the location of the move out of the City during the business license Deleted: business shall require a new business license year. (Ord. 07-X. Ord. 02-05, Ord. 88-13 , \ I jftle application and an additional business license fee. §I(Exhibit Axpart), 1988). x 05.04.165 Renewal. ho 5.04.160 Fee Schedule. Inserted. who cease [451 1 Application for renewal of all business \ who 1. All fees shall be set by resolution of the licenses shall be made on or before December 3In ` Tigard City Council. of the year following the year of issuance, an each succeeding year, if the business is to be Tigardduringthe 46 d: Bullets7ard Numbering 5-04-5 Code Update: 03102 r. Attachment A (Version 1) TIGARD MUNICIPAL CODE continued. Application for renewal shall be made on forms prescribed by the City manager or 5.04.190 Penalties. designee. A business which has an existing business license, and which has applied for 1. Violation of this chapter shall constitute renewal of such license on or before December a Class 2 civil infraction which shall be processed 31' of the license year, may remain in business according to the procedures established in Chapter under its exiting license until such time as the 1.16 of this code, Civil Infractions. renewal license is either approved or denied. (Ord. 07-X). 2. Each violation of a separate provision of ' this chapter shall constitute a separate infraction, - Deleted:I 5.04.170 Commercial Crime Unit. and each day that a violation of this chapter is•-- Formatted: Bullets and Numbering committed or permitted to continue shall The City shall establish within the Police constitute a separate infraction. Department a Commercial Crime Unit. -De 3. A finding that a person has committed a Deleted: additional revenue generated above the current civil infraction in violation of this chapter shall inserted: The additimal annual projected revenue of $206.000 per year, not act to relieve the person from payment of any generated above the current annual shall be dedicated to the creation and the annual unpaid business icense____including delinquent projected revenue of $206,000 per year, operating budget for a Commercial Crime Unit. charges, for which the person liable. The shau be dedicated to the,creahon and the annual operating budget fora (Ord. 07-X). penalties imposed by this section are in addition to Commercial Crime unit. and not in lieu of any remedies available to the Deleted: 1 5.04.173 -Temporary Business. City. ` Deleted: tax 1. A temporary business as deemed in 4. Payment of the business jicense fee after Deleted: tax Section 5.04.030, must comply with all the complaint and summons is served is not a Deleted: 10 regulations in this chapter. defense. 2. The business icense ce LL a temporary 5. Any applicant or licensee who fails to Deleted: tax business shall be set by resolution of the City make an application for an initial business license, _ Deleted: Council. A business jicense for a temporary or for renewal of an existing business license t Deleted: tax receipt business shall be valid until the initial temporary along with the appropriate fee for the business use permit expires. Any extension or renewal of a license year, prior to the delintauencv date as temporary use permit shall require an additional provided below shall be subject to a penalty. For business jicense fee payment. (Ord. 07-X, Ord. the renewal of an existing business license, the _ Deleted: tax 02-05, Ord. 88-13 §I(Exhibit AXPart~ 1988). business license fee shall be deemed delinquent if not paid by JanuM I' of the applicable business 5.04.180 Administration And license year. If a person begins engaging in Enforcement business after the start of the business license year, the license fee shall be deemed delinquent if The City is authorized to conduct inspections the fee is not paid within thirty days after to insure the administration and enforcement of commencement of the business activity. this chapter. The Code Enforcement Officer(s) Whenever the license fee is not paid on or before shall be responsible for the enforcement of this the delinquent date a penal!, of ten percent (10%) chapter. -(Ord. 88-13 §I(Exhibit Axpart), 1988). of the license fee due and payable shall be added 544-6 Code Update: 03102 Attachment A (Version 1) TIGARD MUNICIPAL CODE for each calendar month or fraction thereof that Deleted: t the fee remains unpaid. The total amount of the delinquency penalty for any business license year shall not exceed one hundred percent (100%) of the business license fee due and payable for such „wy year. 6_If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this ' chapter.- (Ord. 07-X. Ord. 88-13 §](Exhibit I Axpart~ 1988 ti.. .5.04.200 Rate Review And Adjustment Deleted: I Adjustments in the administration and Deleted: on enforcement portion of this chapter may be made by the City Council following a cost analysis to t occur annually during the budget cycle and in t t conformance with Chapter 3.32 of this code. t (Ord. 88-13 § I (Exhibit A)(part), 1988) - 1 1 i 1 } 1 t I1 t t ~ t b 1 1 I~l t Deleted: i t 1 t 1 t 1 1 Deleted: I Deleted: 2 Deleted: o 5-04-7 Code Update: 03102 Attachment A (Version 1) TIGARD MUNICIPAL CODE Chapter 5.04 BUSINESS LICENSES. 5.04.020 Purpose. Sections: The purpose of this licensing procedure is to 5.04.010 Short Title. assure compliance with the provisions of this 5.04.020 Purpose. chapter and defray the reasonable costs of 5.04.030 Definitions. administration of this chapter by any City 5.04.040 Prohibited Business Operation. Department involved in administration and 5.04.050 One Act Constitutes Doing enforcement activities under this chapter. The Business. fees generated under authority of this chapter shall 5.04.060 Agents Responsible For be in addition to, and not in lieu of, any other Obtaining A Business License. license permit fee, charge, tax or fine required 5.04.070 Separate License For Branch under any ordinance of the City. Establishments And Multiple Locations. It is not intended by this chapter to repeal, 5.04.080 Rental Real Property. abrogate or annul or in any way impair or 5.04.090 Multiple Businesses At Same interfere with the existing provisions of other laws Locations. or ordinances, except those specifically repealed 5.04.100 No Business License Required. by the ordinance codified in this chapter. Where 5.04.110 Business License Required But this chapter imposes a greater restriction on Exempt From Business License persons, premises or personal property than is Fee. imposed or required by such existing provisions 5.04.120 Issuance Of Business License. of law, ordinance, contract or deed, the provisions 5.04.130 Procedure For Obtaining A of this chapter shall control. Business License. 5.04.140 Display. The provisions of this chapter shall be 5.04.150 Reissue Of Business License. deemed an exercise of the power of the City to 5.04.155 Change In Business Ownership. license for revenue. The provisions of this 5.04.160 Fee Schedule. chapter prescribing license fees shall be strictly 5.04.165 Renewal. construed in favor of the applicability of the 5.04.170 Commercial Crime Unit. license fee. (Ord. 07-X, Ord. 88-13 §I(Exhibit 5.04.173 Temporary Business. A)(part), 1988). 5.04.180 Administration And Enforcement. 5.04.030 Definitions. 5.04.190 Penalties. 5.04.200 Rate Review And Adjustment. For the purposes of this chapter, the following terms, phrases, words and their 5.04.10 Short Title. derivations shall have the meaning given herein. When not inconsistent with the context, words"In The provisions of this chapter shall be known the present tense include the future, words in the and may be cited as the "Business License plural number include the singular number, and Ordinance of the City of Tigard." (Ord. 07-X, words in the singular number include the plural Ord. 88-13 §I(Exhibit A)(part), 1988). number. The word "shall" is always mandatory 5-04-1 Code Update: 03102 Attachment A (Version 1) TIGARD MUNICIPAL CODE and not merely directory. agents, employees, factors of any kind or personal representatives thereof; 'Jn any capacity, either on 1. "Business" means all kinds of that person's own behalf, or for any other person, vocations, occupations, professions, enterprises, under either personal appointment or pursuant to establishments, and all kinds of activities and law. matters, together with all devices, machines, vehicles and appurtenances used therein, any of 7. "Permanent business" means which are conducted for private profit, or benefit, professions, trades, occupations, shops and all and either directly or indirectly, on any premises in the every kind of calling, carried on for profit, City, including home occupations. personal gain, trade or'barter and livelihood at a fixed or permanently established place of business 2. A person "engages in business" within maintained within the City. the meaning of this chapter when soliciting orders for future delivery, selling or offering for sale, 8. "Premises" means and includes all trade or barter any goods, merchandise or service, lands, structures, places and also the equipment performing any service for profit, delivering any and appurtenances connected or used therewith in goods or merchandise within the City, personally any business, and also any personal property advertising by individual contract with residents which is affixed to or is otherwise used in of the City any goods, merchandise or service to connection with any such business conducted on be sold or performed within or without the City. such premises. Such activity shall also include engaging in an enterprise, establishment, store, shop, activity, 9. "Temporary business" means any profession or undertaking of any nature business that meets the criteria outlined in Chapter conducted, either directly or indirectly, for private 18.385.050 of the Community Development Code profit or benefit. and has a valid temporary use permit. (Ord. 07-X, Ord. 88-13 § 1(Exhibit A)(part), 1988). .3. "The City" means the City of Tigard, Oregon. 5.04.040 Prohibited Business Operation. 4. "City Council" means the City Council It shall be unlawful for any persons, either of.the City of Tigard, Oregon. directly or indirectly, to engage in any business without having first obtained a business license 5. "Full-time equivalent employee" means and where applicable, a Home Occupation Permit the total number of hours worked by all and paying the business license fee as prescribed employees working within the City of Tigard by this chapter. (Ord. 07-X, Ord. 88-13 divided by two thousand eighty hours, which § I (Exhibit A)(part), 1988). equals the number of full-time equivalent employees working within the City of Tigard. 5.04.050 One Act Constitutes Doing Business. 6. "Person" means and includes but is not limited to individual natural persons, partnerships, For the purpose of this chapter, any persons joint ventures, societies, associations, clubs, shall be deemed to be engaging in business or trustees, trusts or corporations; or any officers, engaging in nonprofit enterprise, and thus subject 5-04-2 . Code Update: 03102 Attachment A (Version 1) TIGARD MUNICIPAL CODE to the requirements of Section 5.04.040, when 5.04.080 Rental Real Property. undertaking one of the following acts: Each rental real property shall be deemed a 1. Selling any goods or service; branch establishment or separate place of business for the purposes of this chapter when there is a 2. Soliciting business or offering goods or representative of the owner or the owner's agents services for sale, hire, trade or barter; on the premises who is authorized to -transact business for each owner or owner's agent, or there 3. Acquiring or using any vehicle or any is a regular employee of the owner or af""the premises for business purposes in the City. (Ord. owner's agent working on the premises. (Ord.'88- 88-13 § I (Exhibit A)(part), 1988). 13 § I (Exhibit A)(part), 1988). 5.04.060 Agents Responsible For 5.04.090 Multiple Businesses At Same Obtaining A Business License. Location. The agents, representatives or other A person engaged in two or more businesses responsible parties doing business in the City shall at the same location shall not be required to pay be personally responsible for the compliance of separate business license fees for conducting each their principals and of the businesses they such business; but, when eligible, shall be issued represent with the provisions of this chapter. one business license which shall specify on its (Ord. 07-X, Ord. 88-13 § ] (Exhibit A)(part), face all such businesses. (Ord. 07-X, Ord. 88-13 1988). § I (Exhibit A)(part), 1988). 5.04.070 Separate License For Branch 5.04.100 No Business License Required. Establishments And Multiple Locations. Notwithstanding the requirements of this chapter, the following shall not be required to If any person engages in business in more apply for and obtain a business license: than one location in the City, a business license fee shall be, paid in the manner prescribed in this 1. No business license shall be required chapter for each branch establishment or location for any person for any mere delivery in the City of of the business engaged in, as if each such branch any property purchased or acquired in good.. faith establishment or location were a separate from such person at the regular place of business business; provided, that warehouses and outside the City. distributing plants used in connection with and incidental to a business licensed under the 2. Minors engaged in babysitting, delivery provisions of this chapter shall not be deemed to of newspapers, mowing lawns, washing cars;-and be separate places of business or branch similar activities. establishments. Separately franchised operations shall be deemed separate businesses even if 3. City Sponsored events. operated under the same name. (Ord. 07-X, Ord. = 88-13 §1(ExhibitA)(part), 1988). 4. Casual or isolated sales (i.e. garage or moving sales) made by persons who are not 5-04-3 Code Update: 03102 Attachment A (Version 1) TIGARD MUNICIPAL CODE engaged in the business of selling the type of and receipt of the applicable fee by the City. property involved, provided that no more than four such sales are made annually and last no 3. A duplicate business license shall be longer than three days at a time. (Ord. 07-X, Ord. issued by the City to replace any business license 88-13 §1 (Exhibit A)(part), 1988). previously issued which has been lost, stolen, defaced, or destroyed, without any willful conduct 5.04.110 Business License Required But on the part of the licensee upon the filing by the Exempt From Business License licensee of a statement attesting to such a fact and Fee. paying the City the fee as provided in the City's fee schedule. (Ord. 07-X, Ord. 88-13 §1(Exhibit A non-profit business is required to obtain a A)(part), 1988). business license, but shall be exempt from the business license fee. The City shall issue a 5.04.130 Procedure For Obtaining A business license, without requiring the payment of Business License. any business license fee therefor to any persons or organization for the conduct or operation of a 1. All business licenses shall be issued nonprofit enterprise, either regular or temporary, upon written application and receipt of the when the City finds that the applicant operates applicable fee by the City. without private profit, for a public, charitable, educational, literary, fraternal or religious 2. The business license application shall be purpose. A person or organization operating completely filled out before a business license is under nonprofit exemption shall operate the issued. nonprofit enterprise in compliance with the provisions of this chapter and all other applicable 3. An applicant seeking an exemption rules and regulations. (Ord. 07-X, Ord. 88-13 under section 5.04.110 shall submit an application §I(Exhibit A) (part), 1988). therefor to the City upon the prescribed forms, and shall furnish such additional information and 5.04.120 Issuance Of Business License. make such affidavits as the City shall require. (Ord. 07_X, Ord. 88-13 § 1(Exhibit A)(part), 1. The City shall collect all business 1988). license fees and shall issue business licenses under the provisions of this chapter. The City 5.04.140 Display. shall promulgate and enforce rules and regulations r_ necessary for the operation and enforcement of Upon payment of the business license fee a this chapter. Such rules shall be available to the person shall be issued a business license by, the public upon request. City, which shall be kept posted in a conspicuous place on the business premises at all times. If 2. Businesses which constitute a home there is no physical structure on which to display occupation as defined in Chapter 18.385.020 of the business license, the business license shall. be the Tigard community development code shall in the possession of the representative of the have a valid home occupation permit prior to the business present within the City at all times during issuance of a business license. All other business which business is being transacted. (Ord. 07-X, licenses shall be issued upon written application Ord. 88-13 §I(Exhibit A)(part), 1988). 5-044 Code Update: 03102 Attachment A (Version 1) TIGARD MUNICIPAL CODE 5.04.160 Fee Schedule. 5.04.150 Reissue Of Business License. 1. All fees shall be set by resolution of the A business license may be reissued if City Council. incorrect information is recorded on the license as provided below: 2. The business license year shall be from January I" to December 31 S`. 1. If the reissue is the result of incorrect information due to an error by the City or a City 3. A business license will be valid froniihe employee, there will be no fee. date of issue through December 31" of that year. . 2. If the reissue is the result of incorrect 4. The business license fee shall bepaid information due to an error by the applicant or an annually in advance of the business license year. agent of the applicant, a reissue fee in the same For businesses starting after January IS' of any amount as the initial issue fee will be required. year, the business license fee shall be paid within one month of commencing business. Businesses 3. If a business licensee relocates during shall be liable for the license fee from the date the calendar year, City files will be updated but a they commence doing business within the City new business license will not be issued until the and not from the date that the license fee is paid or next renewal business license is issued. (Ord. 07- business license application is submitted. X, Ord. 88-13,§ ](Exhibit A)(part), 1988). 5. The initial business license fee for an 5.04.155 Change In Business Ownership. annual business license can be made at any time. There after the annual business license fee shall be If a person transfers or assigns a business for due in full every January I". If a person engages which a license has been paid, the license is in business at any time on or after July I' of a transferable to the new owner after the receipt of a business license year, the fee for such business change of ownership fee. The change of license shall be equal to one-half the business ownership fee shall be established by resolution as license fee set forth in subsection 1 above. provided for under section 5.04.160. The new Irrespective of when during the period from owner shall inform the City of the change in January Is' to December 31 ' of such license year ownership by paying the change in ownership fee such person engaged in business, and each and filing a new license application, but shall not applicant must pay the full or partial fee for the have to pay an additional business license fee for current license year or any portion thereof during that business license year. The new owner will which the applicant has engaged in business. retain the old license number for the remainder of the business license year. A change in the name 6. There will be no business license :fee of the business or change in the location of the refunds for businesses that cease operation', or business shall require a new business license move out of the City during the business license application and an additional business license fee. year. (Ord. 07-X, Ord. 02-05, Ord. 88-13 § I (Exhibit A)(part), 1988). 5-04-5 Code Update: 03102 Attachment A (Version 1) TIGARD MUNICIPAL CODE 05.04.165 Renewal. to insure the administration and enforcement of this chapter. The Code Enforcement Officer(s) Application for renewal of all business shall be responsible for the enforcement of this licenses shall be made on or before December 315' chapter. (Ord. 88-13 § I (Exhibit A)(part), 1988). of the year following the year of issuance, and each succeeding year, if the business is to be 5.04.190 Penalties. continued. Application for renewal shall be made on forms prescribed by the City manager or 1. Violation of this chapter shall constitute designee. A business which has an existing a Class 2 civil infraction which shall be processed business license, and which has applied for according to the procedures established in Chapter renewal of such license on or before December 1. 16 of this code, Civil Infractions. 3151 of the license year, may remain in business under its exiting license until such time as the 2. Each violation of a separate provision of renewal license is either approved or denied. this chapter shall constitute a separate infraction, (Ord. 07-X). and each day that a violation of this chapter is committed or permitted to continue shall 5.04.170 Commercial Crime Unit. constitute a separate infraction. The City shall establish within the Police 3. A finding that a person has committed a Department a Commercial Crime Unit. The civil infraction in violation of this chapter shall additional revenue generated above the current not act to relieve the person from payment of any annual projected revenue of $206,000 per year, unpaid business license, including delinquent shall be dedicated to the creation and the annual charges, for which the person is liable. The operating budget for a Commercial Crime Unit. penalties imposed by this section are in addition to (Ord. 07-X). and not in lieu of any remedies available to the 5.04.173 Temporary Business. City. 1. A temporary business as defined in 4. Payment of the business license fee after Section 5.04.030, must comply with all the complaint and summons is served is not a regulations in this chapter. defense. 2. The business license fee for a temporary 5. Any applicant or licensee who fails.40 business shall be set by resolution of the City make an application for an initial business license, Council. A business license for a temporary or for renewal of an existing business license business shall be valid until the initial temporary along with the appropriate fee for the business use permit expires. Any extension or renewal of a license year, prior to the delinquency date as temporary use permit shall require an additional provided below shall be subject to a penalty. For business license fee payment. (Ord. 07-X, Ord. the renewal of an existing business license, ,the 02-05, Ord. 88-13 § I (Exhibit A)(Part), 1988). business license fee shall be deemed delinquent if not paid by January I' of the applicable business 5.04.180 Administration And Enforcement. license year. If a person begins engaging 'in business after the start of the business license The City is authorized to conduct inspections year, the license fee shall be deemed delinquent if 5-04-6 Code Update: 03102 Attachment A (Version 1) TIGARD MUNICIPAL CODE - the fee is not paid within thirty days after commencement of the business activity. Whenever the license fee is not paid on or before the delinquent date a penalty of ten percent (10%) of the license fee due and payable shall be added for each calendar month or fraction thereof that the fee remains unpaid. The total amount of the delinquency penalty for any business license year shall not exceed one hundred percent (100%) of the business license fee due and payable for such year. 6. If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this chapter. (Ord. 07-X, Ord. 88-13 §I(Exhibit A)(part), 1988). 5.04.200 Rate Review And Adjustment. Adjustments in the administration and enforcement portion of this chapter may be made by the City Council following a cost analysis to occur annually during the budget cycle and in conformance with Chapter 3.32 of this code. (Ord. 88-13 § I (Exhibit A)(part), 1988). GADRFI Clients\Tigud\TMCGS-"CLEANVersion 1_5072607.doc . 5-04-7 Code Update: 03102 r CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 07- AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE BY ADDING SECTION 1.12.060 REQUIRING CHIEF PETITIONERS FOR A CITY OF TIGARD INITIATIVE, REFERENDUM OR RECALL PETITION BE ELECTORS OF THE CITY OF TIGARD WHEREAS, a public hearing was conducted on August 14, 2007 on the proposed amendment to the Tigard Municipal Code requiring Chief Petitioners of a City of Tigard initiative, referendum, or recall petition be electors of the City of Tigard; and WHEREAS, the Tigard City Council has determined that it is in the best interests of the citizens of the City of Tigard to require that Chief Petitioners for measures to be placed before City of Tigard voters be registered voters within the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Initiative and Referendum Chapter 1.12 of the Tigard Municipal Code is hereby amended to add Section 1. 12.060 to read *as follows: 1.12.060 Chief Petitioners for Initiative, Referendum, or Recall Petitions to be Electors of the City of Tigard. No petition for initiative, referendum, or recall filed with the city shall be valid unless all chief petitioners are electors of the city at the time of filing and remain electors of the city through the entire initiative, referendum, or recall process, including the election. 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 (mil n an-l MDus vote of all Cou cil members present after being read by number and title only, this W - day .2007. PatI17-p"tl /Lo atherine Wheatley, City Reco der ORDINANCE No. 07- Cp Page 1 F r' APPROVED: By Tigard City Council this qf-day o , 2007. Craig ksen, Mayor Approved as to form: Attorney Date ORDINANCE No. 07- 1 Page 2 1hh Revised 8/10/07 - Added two discussion topics in the Study Session: 1. North Bethany Urban Renewal Dist. 2. Library Building Coffee Bar F CITY COUNCIL, LOCAL CT REVIEW BOARD AND ENTER DEVELOPMENT GENCY MEETING UST 14, 2007 6:30 p.m. T f R, ED) IGARD CITY HALLI 125 SW HALL BLVD IGARD, 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 importatit 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/LCRB/CCDA AGENDA - AUGUST 14, 2007 page 1 AGENDA TIGARD CITY COUNCIL MEETING/LOCAL CONTRACT REVIEW BOARD AND CITY CENTER DEVELOPMENT AGENCY AUGUST 14, 2007 6:30 PM • STUDY SESSION > Council Discussion Regarding Washington County Coordinating Committee Transportation Funding Options - Mayor Dirksen > Council Discussion Regarding the North Bethany Urban Renewal District > Council Discussion Regarding the Library Building Coffee Bar • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • 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 Minutes for May 22, 2007 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Approve an Intergovernmental Agreement with Metro Providing Tigard Police Department Support for the Enforcement of the Metro Illegal Disposal Ordinance 3.4 Approve a Resolution Approving Budget Amendment #3 to the FY 2007-08 Budget Increasing Interagency Revenues in the General Fund by $90,620 and Increasing Appropriations by $90,620 in the Police budget within the Community Services Program, to reflect an Intergovernmental Agreement between Metro and the City of Tigard to Assign a Tigard Police Officer for Enforcement of the Metro Illegal Disposal Ordinance - Resolution No. 07- COUNCIL/LCRB/CCDA AGENDA - AUGUST 14, 2007 page 2 3.5 Consider a Mutual Aid and Assistance Agreement with the Oregon Water/Wastewater Agency Response Network (ORWARN) 3.6 Consider an Amendment to the Intergovernmental Agreement with Clean Water Services 3.7 Consider a Third Amendment to the joint Funding Agreement for the Integrated Water Resource Management JWRM) Water Supply Feasibility Study (Tualatin Basin Water Supply Project) 3.8 Local Contract Review Board: Award of Contract for Installation of a Traffic Signal at the Durham Road/108th Avenue Intersection 3.9 Approve 2007 Justice Assistance Grant GAG) Application 3.10 Approve Memorandum of Understanding Regarding Potential Real Property Trans- action - Fred Fields and Tigard-Tualatin School District (Hall Blvd. Bus Storage Site and Fields Property) - Resolution No. 07- 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. 4. REVIEW SECOND QUARTER COUNCIL GOAL UPDATE a. Staff Report: Administration Department b. Council Discussion 5. APPROVE AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE (TMC 5.04 - BUSINESS TAXES) MAKING CHANGES TO THE CURRENT BUSINESS TAX STRUCTURE a. Staff Report: Police Department b. Council Discussion C. Council Consideration - Ordinance No. 07- 6. CONSIDER A RESOLUTION MODIFYING THE FY 2007-08 CITYWIDE MASTER FEES AND CHARGES SCHEDULE TO INCORPORATE CHANGES TO THE CITY'S BUSINESS LICENSE a. Staff Report: Police Department b. Council Discussion C. Council Consideration - Resolution No. 07- 7. CONSIDER A RESOLUTION APPROVING BUDGET AMENDMENT #1 TO THE FY 2007-08 BUDGET INCREASING FEES AND CHARGES REVENUES IN THE GENERAL FUND BY $353,000 AND INCREASING APPROPRIATIONS BY $314,279 IN THE POLICE BUDGET WITHIN THE COMMUNITY SERVICES PROGRAM, TO REFLECT INCREASES IN THE BUSINESS TAX PERMIT FEES AND RELATED EXPENDITURES FOR A COMMERCIAL CRIME UNIT a. Staff Report: Finance and Information Services Department b. Council Discussion C. Council Consideration - Resolution No. 07- COUNCIL/LCRB/CCDA AGENDA - AUGUST 14, 2007 page 3 Recess City Council Meeting (Motion by Council) Convene City Center Development Agency (CCDA) Meeting • Call to Order: Chair Dirksen • Roll Call: Chair and Board Members of CCDA 8. DOWNTOWN URBAN DESIGN UPDATE - CITY CENTER ADVISORY COMMISSION (CCAC) AND PLANNING COMMISSION RECOMMENDATIONS a. Staff Report: Community Development Department b. Council Discussion Adjourn City Center Development Agency (CCDA) Meeting (Motion by CCDA) Reconvene City Council Meeting 9. FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 37 (SW 8711-' AND HALL BLVD.) a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. Council Consideration: Resolution No. 07- 10. PUBLIC HEARING - CONSIDER REQUIREMENT THAT ALL CHIEF PETITIONERS FOR A CITY OF TIGARD INITIATIVE, REFERENDUM OR RECALL PROCESS BE ELECTORS OF THE CITY OF TIGARD a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Administration Department d. Public Testimony Proponents Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 07- COUNCIL/LCRB/CCDA AGENDA - AUGUST 14, 2007 page 4 11. PUBLIC HEARING - CONSIDER A RESOLUTION GRANTING AN EXEMPTION FROM COMPETITIVE BIDDING UNDER PUBLIC CONTRACTING RULE NO. 10.110 FOR THE CONSTRUCTION OF THE HITEON CREEK RIPARIAN ENHANCEMENT PROJECT AND AWARDING A CONTRACT FOR THIS PROJECT TO DEVELOPER DOUGLAS A. FRY a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Public Works Department d. Public Testimony Proponents Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Resolution No. 07- 12. COUNCIL LIAISON REPORTS 13. NON AGENDA ITEMS 14. 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. 15. ADJOURNMENT ADM/Why/cca/2007/070814).Aoc COUNCIL/LCRB/CCDA AGENDA - AUGUST 14, 2007 page 5 Agenda Item No. V. a . a For Agenda of . ~S0?0p i TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD, AND CITY CENTER DEVELOPMENT AGENCY MEETING MINUTES August 14, 2007 Mayor Dirksen called the meeting to order at 6:32 p.m. Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Staff Present: City Manager Prosser, City Recorder Wheatley, City Attorney Ramis, Community Development Director Coffee, City Engineer Duenas, Buyer Barrett. • STUDY SESSION Council Discussion Regarding Washington County Coordinating Committee (WCCC) Transportation Funding Options - Mayor Dirksen Mayor Dirksen said he was seeking input from the City Council members regarding City and County road improvements. The WCCC is considering a Major Streets Transportation Improvement Plan (MSTIP) bond measure to catch up with needed street improvements. The consensus of the WCCC members was to restrict the MSTIP road projects to roads of county-wide significance. Some collector streets might be considered if regional significance can be justified. The MSTIP bond measure will not be adequate for County and local road improvement needs. The County is considering increasing the Traffic Impact Fee (TIF) or replacing the TIF with a System Development Charge. There is some concern among the WCCC members that if one funding source is dropped but then a new funding source is not approved, then the source now available would be lost. Each municipality should consider adopting its own SDC. Mayor Dirksen explained that the WCCC is attempting to define a multi-tiered funding approach to deal with road improvements in a holistic manner to allow cities some flexibility to address traffic issues. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 1 Councilor Wilson expressed concern that road improvements might be defined as widening existing roads instead of building new ones. He said he thinks that alternative routes do more to relieve congestion than anything else. Councilor Buchner said she was generally in favor of the proposed approach by WCCC, but asked if the current status of the shortage of connecting roads in the southern county had been considered. Mayor Dirksen said there has been discussion about whether new roads in new areas could be added to the list. He said he would bring this up again. Councilor Buchner suggested that Mayor Dirksen also ask Tualatin, Sherwood and Wilsonville for support on more southern county roads since they would benefit as well. Mayor Dirksen noted that after discussing the multi-tiered approach that eventually all of the city representatives to the WCCC agreed this could be of benefit. Mayor Dirksen also noted that there had been discussion of connecting Roy Rogers Road with 175`h Avenue for a north/south connector. Councilor Buchner referred to Clark Hill Road as a logical connector. Councilor Wilson urged that it was time to look at resolving transportation barriers to resolve problems with connectivity. > Council Discussion Regarding the North Bethany Urban Renewal District Mayor Dirksen reported that the City of Tigard was approached by Beaverton officials to support their opposition to the North Bethany Urban Renewal District. Mayor Dirksen advised he had been contacted by an Oregonian reporter on this matter; the Mayor advised that he did not think the City of Tigard Council would take a position on this issue. Adding urban population to areas where there is no infrastructure could be construed as an abuse of the urban renewal system. Tualatin Valley Fire & Rescue is tentatively supporting the District. In response to a question from Councilor Buchner, Community Development Director Coffee advised that this is similar to the Bull Mountain situation. Councilor Buchner noted that this would eventually hurt everyone. Councilor Wilson added the effect on state and local government, which would subsidize these areas. Councilor Sherwood said she did not believe that the urban renewal laws were created for this purpose. During discussion, City Manager Prosser noted the Greenfield urban renewal area in near the Portland airport. This area is zoned commercial. Mayor Dirksen suggested the City Council would not take a formal position on the North Bethany matter, but issue a statement that the City of Tigard City Council is philosophically opposed to funding urban development in this manner. City Manager Prosser noted that Washington County Board Chair Brian is sponsoring an Urbanization Summit and a better approach might be to discuss this issue then. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 2 After discussion, Council members agreed the City would not take a formal position on the Bethany matter but note a general philosophical opposition to using urban renewal in this manner along with concerns with setting a precedent. In addition the Council noted problems created when urbanization occurs without planning for infrastructure. ➢ Council Discussion Regarding the Library Building Coffee Bar City Manager Prosser introduced Buyer Barrett. The coffee bar vendor in the Library will leave at the end of this month. Staff has talked to the Friends of the Library and others, who have shown no interest in operating the coffee bar. Buyer Barrett said he was approached two months ago by a donut shop owner who was interested in the Library coffee bar space if it became available. This vendor is operating a business at the Sherwood Public Library. Council discussion followed. Library patrons indicated, through surveys, that they want a coffee bar. The Council discussed the need for this business to be competitive. City Manager Prosser noted the City's efforts to assist a vendor to get a return on investment. He also noted that under State law the Commission for the Blind would have right of first refusal if it wanted to operate the business; per State policy the Commission does not pay rent or utilities and they would take all of the profits if they came forward. Council members discussed ways to assist a vendor by allowing hours of operation to be longer than the open Library hours, better signage, more tables, comfortable seating, and close-by, short-term parking spots. ➢ Administrative Items ■ Washington County Ten-Year Plan to End Homelessness Councilor Sherwood explained the need for the County to write a plan to obtain Federal funding. Washington County cities are being asked to help fund the Grant application. Discussion followed about the need to address homelessness and all Council members expressed support for this funding. Councilor Sherwood described the efforts by the County shelter to provide services and their participation in developing the first part of the application. Councilor Sherwood noted she thought that the cities of Forest Grove and Sherwood are planning to pledge some funds to help procure this grant. City Council members agreed that it would consider a budget amendment of $5,000 to support Washington County's 10-Year Plan to End Homelessness grant application. A resolution for the City Council's consideration will be scheduled on the August 28, 2007, City Council agenda. • Councilor Wilson and Councilor Woodruff will be absent for the August 21 City Council Workshop meeting. City Manager Prosser announced that a Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 3 recap of the August 21 workshop discussion will be presented during the August 28, 2007, City Council Study Session. ■ City Council discussed its November and December Council Meeting Schedule o Council will be attending National League of Cities on November 13; City Council members agreed to cancel the November 13 meeting and hold a business meeting on November 6, 2007. City Council agreed to hold two business meetings on December 11 and 18; the December 25, 2007, meeting is cancelled due to the Christmas holiday. ■ Tigard/IWB/Lake Oswego Water Task Force Staff is working to schedule a date for the first meeting. Information on the value of water rights will be sent to members of the Task Force. ■ Street Globes - Downtown Community Development Director Coffee asked if there was any direction on the street globes. Two examples of globes were on display in the room. Councilor Sherwood said, "I think it's got to go back." Mayor Dirksen said that, "We need to hand it off to the CCAC and see what they say." City Manager Prosser noted he had heard some Council discussion whereby there was interest in exploring a dark green color as a standard for Tigard. Study Session concluded at 7:19 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Review Board called the meeting to order at 7:36 p.m. 1.2 Roll Call: Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance: Led by Boy Scout Troop #69 from Northwest Portland Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 4 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION ■ John Frewing, 7110 SW Lola Lane, Tigard, Oregon said he was present tonight to appraise the City Council of a serious situation. He said that Tigard's Comprehensive Plan effort that began about two years ago is premised on determination of citizen values and development of ideas for goals, policies, and action items through a variety of citizen meetings, followed by review by boards and commissions, and then eventually forwarded to the City Council for adoption. This is the framework to follow under Oregon law. Mr. Frewing referred to the incorporation of values through visioning documents and open houses. The process had moved forward with some staff work and presentation of data. Now Policy Interest Teams are meeting. Mr. Frewing said the new Comprehensive Plan will either reinforce our current policies, practices, and goals or to create new ones. A staff-prepared May 14 document refers to department review teams, which says that the primary duty is to review the goals, policies, and action measures to ensure compatibility with department work programs and projects. Mr. Frewing said that, to him, this violates the whole idea of the Comprehensive Plan - that the staff is going to make sure that any new policies are compatible with the historic and current practices, policies, preferences, and priorities of staff. He said this was not the job of staff. Mr. Frewing said the Park and Recreation Board met last night. He has been a member of the Policy Interest Team that worked on development of goals, policies, and action items. He learned the City Manager directed that some of the policies be deleted and not considered. Mr. Frewing said it seemed to him that if the City Council wants to delete those policies and action items, that would be acceptable. He did not think the City Manager should be deleting items at this stage and said it might invalidate the Comprehensive Plan process completed so far. He asked the City Council direct the City Manager to not interfere in the development of policies until they get to the City Council. At that time, then the City Manager should state his opinion as would anyone else. Mr. Frewing advised that the stricken policy and action items related to the creation of a city recreation program in addition to a parks land acquisition program. Mr. Frewing said he was not personally a fan of the city recreation program, but the Policy Interest Team and surveys that the Park and Recreation Board have done over the last two or three years all showed significant interest for a city recreation program. He did not think this should have been stricken from the proposals on the basis that it was not funded. He asked the City Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 5 Council to direct the City Manager that these types of things go forward until the Council has made its decision. City Manager Prosser said clarification should be made; he did not direct that anything be stricken. He reported that the initial draft of the proposed action items regarding the recreation program had been written with general language suggesting that the City look into creating a recreation program. The second draft came back with very specific language saying that the City would place an operating levy on the ballot between November 2008 and November 2010. City Manager Prosser noted that this issue was brought to the City's Budget Committee, also a citizen group, and that was not the direction from the Budget Committee. This was setting up a conflict so City Manager Prosser suggested that the language was overly specific and probably did not belong in a policy document such as the Comprehensive Plan. Mayor Dirksen asked where the change to more specific language originated. City Manager Prosser said that was not clear and because the language was so specific, it would have committed the City to a course of action that had been turned down by the Budget Committee. The language was revised to convey that the City would "consider developing a recreation program and placing a funding measure before the voters." This language, City Manager Prosser said, represented the basic intent. Councilor Sherwood advised she thought this more general language was reasonable and she would not want language to be specific. Councilor Buehner agreed and said specific language would set up unrealistic expectations. Councilor Sherwood added such specific language might lead someone to expect that an election would be held by a certain date. Mr. Frewing said staff has worked with the Policy Interest Team (citizens) to create the language. There were 10-12 changes that staff said the City Manager said should be made. City Manager Prosser advised the only issue he gave input on was for the recreation program item. Mr. Frewing read one of the proposed policies that had been removed: "The City shall identify funding to build recreational facilities and provide a full-service recreational program." This was a recommendation from the Policy Interest Team and endorsed by the Park and Recreation Board according to Mr. Frewing. At the meeting last night, the document contained staff commentary stating: "Concerns have been raised that this policy is premature because the City must first assess the need, willingness, and ability of the community to pay for recreation services and related facilities. This is a fiscal issue that must be addressed prior to making policy." Mr. Frewing said that nothing would happen if we had to wait to identify the financial details. He said he thought it was sound to propose a policy, and acknowledged the City Council, as the decision makers, might decide against the proposed policy. Councilor Buehner said the City Council did make a policy decision at the time of the budget. Mr. Frewing pointed out that this decision was for the year Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 6 2007/08. Councilor Buehner noted this was relating to whether the City was going to consider funding any kind of recreation program in the next three or four years. This was the decision made and staff was following up on that policy decision. Mr. Frewing said he disagreed; what the City Council acted on was the budget for the coming year. At the Budget meeting, Mr. Frewing pointed out the City Council said a recreation program was a good idea, but it could not be afforded now. Mr. Frewing said his objection is that the staff gets "into this" through a staff-review process and also through a final cut before it receives a full airing before the City Council. Councilor Woodruff asked Mr. Frewing if his point was that anything coming from the Policy Interest Teams or the advisory committees should be unfiltered until it gets to the City Council. Mr. Frewing confirmed that Councilor Woodruff's statement was correct. He said the recommendation would go to the Planning Commission from the Policy Interest Team. This would be the process to winnow the document. If the Planning Commission wants to delete a policy, he believed they could do so. After review by the Planning Commission, the City Council would have the ability to add or delete items in the document. He reiterated that staff should not be able to review the proposals for consistency with department work programs and projects. He added the City Manager should not be able to direct that items be deleted because the funding is not yet clear. He said there are many proposals in the Comprehensive Plan draft material where funding is not yet clear. The Comprehensive Plan is a 20-year plan. Mayor Dirksen said he agreed with the philosophy of Mr. Frewing that if these are recommendations that are coming out of the policy action groups, then they should come to the Planning Commission and the City Council unfiltered so these bodies can see what the recommendations are. Mayor Dirksen noted adjustments might be made. There was agreement that staff commentary would be appropriate. Councilor Buehner said she did not agree with the Budget Committee as she thought we needed to go ahead with a recreation plan. But, since there was unwillingness to commit for a three-year period, she went along with the group because it did not make sense to try to do a program for one year. Councilor Buehner said she thought the Budget Committee had made a very clear policy decision and she did not want to see this proposal again. Mayor Dirksen said he thought the City Council should give the policy action groups a clear field; that is, "we get from them whatever we get from them." Councilor Woodruff commented that the recommendation for the recreation program had come from Park and Recreation Board to the Budget Committee. If a broader interest group was now proposing the program, he did not think it would be unreasonable for this to be part of the document. He added that the Budget Committee has already indicated some concerns about this program, but Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 7 he would not have a problem in looking at this. Mr. Frewing agreed with Councilor Woodruff and said that next year the City Council might or might not decide to place something on the ballot for recreation. Councilor Sherwood said her concern was to add specific language about how the program is to be created. Mayor Dirksen said he thought it would be all right to keep this language while Councilor Sherwood noted that the City Council looks to staff for a detailed review of the document. Councilor Buehner again said she did not want to see any recommendation for a ballot measure in 2008, when a policy decision has already been made. Councilor Woodruff said City Manager Prosser's suggestion that the language be more general was something that should come to the City Council. City Manager Prosser said he had concerns about the specific time frames. He said Mr. Frewing was correct about other language that had been removed; however, this language was duplicative. There is still language in the document that says the City will consider creating a recreation program. City Attorney Ramis noted there will be a legal review of the document. Legal counsel will be looking at the document with regard to its legal sufficiency and enforceability. The distinction the attorneys will be looking for in the language is what language shall be enforceable policy and what language is intended to be aspirational. It is critical that as the City Council reviews the document, it distinguishes between what it intends to be legally enforceable and what is an aspiration that the City might want to pursue in the future. City Attorney Ramis added that this is a legal document that can be brought to the Land Use Board of Appeals to be enforced. Councilor Wilson said the Comprehensive Plan sets the parameters for the zoning ordinance. What is being discussed at this time is a new City service. He asked whether non-land use related items should be considered. City Manager Prosser advised that a briefing on the Comprehensive Plan process is scheduled for next week's Council meeting; he suggested this matter could be discussed in more detail at that meeting. City Manager Prosser said we were hoping to have broader Comprehensive Plan to set the overall direction for the City, not just for land use, but for what we want to aspire to and achieve in the City of Tigard. Proposed chapters of the Comprehensive Plan will soon be forwarded to the Planning Commission and then will also eventually come before the City Council chapter by chapter. He acknowledged that he and Mr. Frewing have differing viewpoints. Councilor Sherwood suggested to Mr. Frewing that he call the City Manager when he has concerns. Mr. Frewing said this had come up late yesterday evening. o Follow up to previous citizen communication: City Manager Prosser reviewed that Mr. Frewing had brought up concerns about construction activity at Ash Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 8 Creek Estates. Staff reviewed these concerns and replied to Mr. Frewing in an e- mail communication that was sent out today. The City's new arborist toured the site with the developer. The arborist confirmed that the tree-protection fencing is back in place. Dirt had been moved within the tree-protection zone and this has been cleaned up. The arborist verified that the proper protection measures are in place and reiterated with the builder the importance of making sure those measures are not even temporarily breached. The City's arborist also visited with the project arborist to stress the importance of the same items that had been reviewed with the builder. 3. CONSENT AGENDA: Mayor Dirksen reviewed the Consent Agenda: 3.1 Approve Council Minutes for May 22, 2007 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Approve an Intergovernmental Agreement with Metro Providing Tigard Police Department Support for the Enforcement of the Metro Illegal Disposal Ordinance 3.4 Approve a Resolution Approving Budget Amendment #3 to the FY 2007-08 Budget Increasing Interagency Revenues in the General Fund by $90,620 and Increasing Appropriations by $90,620 in the Police budget within the Community Services Program, to reflect an Intergovernmental Agreement between Metro and the City of Tigard to Assign a Tigard Police Officer for Enforcement of the Metro Illegal Disposal Ordinance - Resolution No. 07-52 RESOLUTION NO. 07-52 - A RESOLUTION APPROVING BUDGET AMENDMENT #3 TO THE FY 2007-08 BUDGET TO INCREASE APPROPRIATIONS IN THE POLICE BUDGET WITHIN THE COMMUNITY SERVICE PROGRAM TO REFLECT AN INTERGOVERNMENTAL AGREEMENT BETWEEN METRO AND THE CITY OF TIGARD ASSIGNING A TIGARD POLICE OFFICER TO METRO 3.5 Consider a Mutual Aid and Assistance Agreement with the Oregon Water/Wastewater Agency Response Network (ORWARN) 3.6 Consider an Amendment to the Intergovernmental Agreement with Clean Water Services 3.7 Consider a Third Amendment to the joint Funding Agreement for the Integrated Water Resource Management (IWRM) Water Supply Feasibility Study (Tualatin Basin Water Supply Project) 3.8 Local Contract Review Board: Award of Contract for Installation of a Traffic Signal at the Durham Road/ 108`h Avenue Intersection 3.9 Approve 2007 Justice Assistance Grant OAG) Application Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 9 3.10 Approve Memorandum of Understanding Regarding Potential Real Property Trans- action - Fred Fields and Tigard-Tualatin School District (Hall Blvd. Bus Storage Site and Fields Property) - Resolution No. 07-53 RESOLUTION NO. 07-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD AUTHORIZING THE CITY MANAGER AND THE COMMUNITY DEVELOPMENT DIRECTOR TO CONTINUE TO WORK WITH FRED W. FIELDS AND THE TIGARD- TUALATIN SCHOOL DISTRICT IN EXPLORING OPTIONS FOR A MUTUALLY BENEFICIAL REAL ESTATE TRANSACTION INVOLVING THE HALL BOULEVARD BUS STORAGE SITE AND THE FIELDS PROPERTY Motion by Councilor Buehner, seconded by Councilor Sherwood, 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 4. REVIEW SECOND QUARTER COUNCIL GOAL UPDATE City Manager Prosser presented the update on the Council goals for the second quarter of 2007. City Manager Prosser noted that the City Council had adopted five goals at the beginning of the year. A copy of the staff report is on file in the City Recorder's office. Mayor Dirksen noted one of the City Council's goals (No. 5) was to increase Tigard's involvement with other government agencies. The Mayor noted that he and City Manager Prosser recently met with County Chair Brian and Commissioner Rogers to discuss an issue that arose out of miscommunication. Chair Brian and Mayor Dirksen have decided to speak to each other by telephone every other week to bring each other up to speed on issues. Also Metro is discussing a project called "Connecting Green." Metro President David Bragdon has announced that he would someday like to be able to say that the Portland area has the best park and recreation system in the world. Mayor Dirksen said he has participated in several meetings and seminars regarding this program and how it might be implemented. Councilor Sherwood reported that she and Councilor Wilson attended a Metro sponsored trip to Port Moody, Vancouver. They also attended a zoo function. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 10 Participation in these two events has helped to open opportunity for communication between the City of Tigard and Metro. 5. APPROVE AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE (TMC 5.04 - BUSINESS TAXES) MAKING CHANGES TO THE CURRENT BUSINESS TAX STRUCTURE Police Chief Dickinson presented the staff report; a copy is on file in the City Recorder's office. The changes in the proposed ordinance (Version 1 and 2) would fund a Commercial Crime Unit in the Police Department. Police Chief Dickinson reviewed the two versions of the proposed ordinance: Version 1 would change the business tax to a business license program along with implementing the other recommended administrative and collection procedures. Version 2 includes the same changes as outlined in Version 1, but includes those conditions where suspension or revocation of a business license could occur. Staff recommended approval of Version 2. Council discussion followed. Councilor Wilson noted he would be uncomfortable with the regulatory aspects of Version 2. During the discussion, Council reviewed the pros and cons with regard to having the ability of revoke a business license and to change the "tax" to a license program. City Attorney Ramis also reviewed the legal process whereby a business owner could appeal revocation of a business license. There was discussion about designating one or two councilors to review this matter in more depth. Councilor Wilson indicated he would be willing to work on this. If the City Council approves Version 1, then this would mean that the revenue stream created could be dedicated to a Commercial Crime Unit, effective January 2008. City Manager Prosser suggested the City Council consider Version 1 with the understanding this would be revisited at a later date. Motion by Councilor Buehner, seconded by Councilor Woodruff to adopt Ordinance No. 07-15, Version 1. ORDINANCE NO. 07-15 (VERSION 1) - AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE, TMC 5.04, MAKING CHANGES TO THE BUSINESS TAX STRUCTURE 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 Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 11 6. CONSIDER A RESOLUTION REVISING THE FY 2007-08 CITYWIDE MASTER FEES AND CHARGES SCHEDULE TO INCORPORATE CHANGES IN THE CITY'S BUSINESS LICENSE FEE Police Chief Dickinson presented the staff report. This change to the Master Fees and Charges Schedule relates to Agenda Item No. 5 above. A copy of the staff report outlining the information for this proposal is on file in the City Recorder's office. During City Council discussion, Councilor Woodruff noted that the business license fee had not been increased in 20 years. Motion by Councilor Sherwood, seconded by Councilor Wilson, to adopt Resolution No. 07-54. RESOLUTION NO. 07-54 - A RESOLUTION REVISING THE FY 2007-08 CITYWIDE MASTER FEES AND CHARGES SCHEDULE TO INCORPORATE CHANGES IN THE CITY'S BUSINESS LICENSE FEE 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 7. CONSIDER A RESOLUTION APPROVING BUDGET AMENDMENT #1 TO THE FY 2007-08 BUDGET TO INCREASE APPROPRIATIONS IN THE POLICE BUDGET WITHIN THE COMMUNITY SERVICE PROGRAM FOR FUNDING OF A COMMERCIAL CRIME UNIT Police Chief Dickinson presented the staff report; a copy is on file in the City Recorder's office. This budget amendment relates to Agenda Item Nos. 5 and 6 above. City Manager Prosser noted there was a correction made to the original resolution submitted to the City Council. The agenda title for this item should have also been revised. Councilor Woodruff thanked Police Chief Dickinson for h is work in getting the Commercial Crime Unit funded and for obtaining the support of the business community. Councilor Buehner added she appreciated the time spent preparing this proposal for the City Council's consideration and added her thanks to Police Business Manager Imdieke for his work on this project. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 12 Motion by Councilor Wilson, seconded by Councilor Buehner, to adopt Resolution No. 07-55. RESOLUTION NO. 07-55 - A RESOLUTION APPROVING BUDGET AMENDMENT #1 TO THE FY 2007-08 BUDGET TO INCREASE APPROPRIATIONS IN THE POLICE BUDGET WITHIN THE COMMUNITY SERVICE PROGRAM FOR FUNDING OF A COMMERCIAL CRIME UNIT 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 Recess City Council Meeting (8:45 p.m) Motion by Councilor Sherwood, seconded by Councilor Buehner to recess the City Council meeting) 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 Convene City Center Development Agency (CCDA) Meeting (8:55 p.m) • Chair Dirksen called the meeting to order at 8:55 p.m. • Roll Call: Chair and Board Members of CCDA Name Present Absent Chair Dirksen ✓ Director Buehner ✓ Director Sherwood ✓ Director Wilson ✓ Director Woodruff ✓ Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 13 8. DOWNTOWN URBAN DESIGN UPDATE - CITY CENTER ADVISORY COMMISSION (CCAC) AND PLANNING COMMISSION RECOMMENDATIONS Associate Planner Farrelly presented the Staff report; a copy is on file in the City Recorder's office. City Center Development Agency received a briefing on the recommended format a level of design regulations for Downtown and the timeline to implement. The PowerPoint presentation overview is on file in the City Recorder's office. In response to a question from Councilor Buchner, Associate Planner Farrelly advised that consultants from Leland Associates will be talking to developers to gain insight on this matter. Long Range Planning Manager Bunch reported that Jodie Inman and Tom Anderson have given input from a developer's perspective. There was support for design standards. In response to a question from Mayor Dirksen, Associate Planner Farrelly advised that the cities of Bend and Eugene have used form-based code regulations. Mayor Dirksen commented he would like to know more about how the form-based code process would work with Oregon's land use laws referring to the incentives for a streamlined process. Councilor Wilson said he thought this proposal was an amplification of what the City is already doing citing the procedures for developing in the Tigard Triangle. In response to a concern by Councilor Wilson, Associate Planner Farrelly agreed that the form-based code provisions should provide guidance through certain principles, but still allow opportunity for some variety in development. Discussion followed regarding form-based code principles and the development observed at Port Moody, B.C. During discussion with staff members Long Range Planning Manager Bunch and Associate Planner Farrelly it was noted that some regulations might address materials that were not considered desirable or methods to emphasize high quality, durable building materials. Long Range Planning Manager Bunch responded to the discussion noting land is getting more expensive and developers want to protect their investment. It's a matter of approach and getting direction from the leadership about what kind of community is wanted. Chair Dirksen noted the multi-path approach described by staff is innovative and he looks forward to seeing where this will go. Motion by Director Buchner, seconded by Director Woodruff to adjourn the City Center Development Agency meeting. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 14 The motion was approved by a unanimous vote of the Agency members present. Chair Dirksen Yes Director Buehner Yes Director Wilson Yes Director Sherwood Yes Director Woodruff Yes Adjourn City Center Development Agency (CCDA) Meeting: 9.20 p.m. Reconvene City Council Meeting: 9.21 p.m. • Mayor Dirksen reconvened the City Council meeting. • City Council present: Name Present Absent Mayor Dirksen ✓ Councilor Buchner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 9. FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 37 (SW 87 AND HALL BLVD.) Mayor Dirksen opened the public hearing. There were no declarations or challenges. City Engineer Duenas presented the staff report; a copy is on file in the City Recorders office. The PowerPoint presentation overview is on file in the City Recorder's office. The proposed resolution would finalize Reimbursement District No. 37 as modified by the final City Engineer's report. Public Testimony: • Connie Curtis, 15285 SW Alderbrook Court, Tigard, OR 97224 testified about her concerns for increases in costs and her potential plans to develop her property. She noted her problems with getting maps from the City. City Engineer Duenas explained maps can be provided and noted the property was staked out for Ms. Curtis. He referred to printed materials provided to the property owners within the district. Ms. Curtis had requested information about Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 15 costs associated with different development scenarios and City Engineer Duenas advised that staff should not give "development advice." City Engineer Duenas advised that maps could be provided to Ms. Curtis. City Engineer Duenas advised staff recommended approval of the finalization of Sanitary Sewer Reimbursement District No. 37 (SW 87`h and Hall Boulevard), as proposed in the Resolution before the City Council. Mayor Dirksen closed the public hearing. Motion by Councilor Buehner, seconded by Councilor Woodruff, to adopt Resolution No. 07-56. A RESOLUTION FINALIZING SEWER REIMBURSEMENT DISTRICT NO. 37 (SW 87"' COURT AND HALL BOULEVARD) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 07-06 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 10. PUBLIC HEARING - CONSIDER REQUIREMENT THAT ALL CHIEF PETITIONERS FOR A CITY OF TIGARD INITIATIVE, REFERENDUM OR RECALL PROCESS BE ELECTORS OF THE CITY OF TIGARD Mayor Dirksen opened the public hearing. There were no declarations or challenges City Recorder Wheatley presented the staff report; a copy is on file in the City Recorder's office. Public Testimony: None. In response to a question from Councilor Woodruff, City Manager Prosser clarified that this ordinance would apply to ballots for City of Tigard voters only. Councilor Buehner noted her concerns that too many outside interests were trying to impose their own interests on local voters. She said she thinks petitions should be started and finished by the people who are going to be affected by them. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 16 Staff recommended the City Council consider the proposed ordinance. Mayor Dirksen closed the public hearing. Motion by Councilor Sherwood, seconded by Councilor Woodruff, to adopt Ordinance No. 07-16. AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE BY ADDING SECTION 1.12.060 REQUIRING CHIEF PETITIONERS FOR A CITY OF TIGARD INITIATIVE, REFERENDUM OR RECALL PETITION BE ELECTORS OF THE CITY OF TIGARD 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 11. PUBLIC HEARING - CONSIDER A RESOLUTION GRANTING AN EZEMPTION FROM COMPETITIVE BIDDING UNDER PUBLIC CONTRACTING RULE NO. 10.110 FOR THE CONSTRUCTION OF THE HITEON CREEK RIPARIAN ENHANCEMENT PROJECT AND AWARDING A CONTRACT FOR THIS PROJECT TO DEVELOPER DOUGLAS A. FRY Local Contract Review Board Chair Dirksen opened the public hearing. There were no declarations or challenges. Assistant Public Works Director Rager presented the staff report; a copy is on file in the City Recorder's office. He noted the estimated due date will be longer than what was noted in the staff report and advised the overall project will take much longer with the engineering work taking 14-20 days. Public Testimony: None. Local Contract Review Board Chair Dirksen closed the public hearing. Councilor Woodruff noted his appreciation for the formal purchasing rules; however, there are times when an exception should be granted and he felt this was one of those times. Motion by Board Member Woodruff, seconded by Board Member Wilson, to adopt Local Contract Review Board Resolution No. 07-01. Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 17 LCRB RESOLUTION NO. 07-01 - A RESOLUTION TO APPROVE FINDINGS FOR AN EXEMPTION FROM COMPETITIVE BIDDING UNDER PUBLIC CONTRACTING RULES 10.110 FOR THE HITEON CREEK RIPARIAN ENHANCEMENT PROJECT AND AWARD A CONTRACT FOR THIS PROJECT TO DEVELOPER DOUGLAS A. FRY The motion was approved by a unanimous vote of Local Contract Review Board members present. Chair Dirksen Yes Board Member Buehner Yes Board Member Sherwood Yes Board Member Wilson Yes Board Member Woodruff Yes ➢ ADJOURNMENT: 9:45 p.m. Motion by Councilor Wilson, seconded by Councilor Buehner, to adjourn the meeting. 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 a7b~- LQ- Catherine Wheatley, City Recorder Attest: Mayor, ty of Tigard Date: q, 0-7 L\ADM\Cathy\CCM\2007\070814 ccm.doc Tigard City Council, Local Contract Review Board and City Center Development Agency Meeting Minutes August 14, 2007 Page 18 CITY MANAGER Citizen Communication Follow Up for the August 28, 2007, Meeting At the last City Council business meeting held on August 14, 2007, the following individuals testified during Citizen Communications to the City Council. ■ John Frewing, 7110 SW Lola Lane, Tigard, Oregon said he was present tonight to appraise the City Council of a serious situation that only the Council could resolve. He said that Tigard's Comprehensive Plan effort that began about two years ago is premised on determination of citizen values and development of ideas for goals, policies, and action items through a variety of citizen meetings, followed by review by boards and commissions, and then eventually forwarded to the City Council for adoption. This is the framework to follow under Oregon law. Mr. Frewing referred to the incorporation of values through visioning documents and open houses. The process had moved forward with some staff work and presentation of data. Now Policy Interest Teams are meeting. Mr. Frewing said the new Comprehensive Plan will either reinforce our current policies, practices, and goals or to create new ones. A staff-prepared May 14 document refers to department review teams, which says that the primary duty is to review the goals, policies, and action measures to ensure compatibility with department work programs and projects. Mr. Frewing said that, to hum, this violates the whole idea of the Comprehensive Plan - that the staff is going to make sure that any new policies are compatible with the historic and current practices, policies, preferences, and priorities of staff. He said this was not the job of staff. Mr. Frewing said the Park and Recreation Board met last night. He has been a member of the Policy Interest Team that worked on development of goals, policies, and action items. He learned the City Manager directed that some of the policies be deleted and not considered. Mr. Frewing said it seemed to him that if the City Council wants to delete those policies and action items, that would be acceptable. He did not think the City Manager should be deleting items at this stage and said it might invalidate the Comprehensive Plan process completed so far. He asked the City Council direct the City Manager to not interfere in the development of policies until they get to the City Council. At that time, then the City Manager should state his opinion as would anyone else. Mr. Frewing advised that the stricken policy and action items related to the creation of a city recreation program in addition to a parks land acquisition program. Mr. Frewing said he was not personally a fan of the city recreation program, but the Policy Interest Team and surveys that the Park and Recreation Board have done over the last two or three years all showed significant interest for a city recreation program. He did not think this should have been stricken from the proposals on the basis that it was not funded. He asked the City Citizen Communications August 14, 2007 Page 1 Council to direct the City Manager that these types of things go forward until the Council has made its decision. City Manager Prosser said clarification should be made; he did not direct that anything be stricken. He reported that the initial draft of the proposed action items regarding the recreation program had been written with general language suggesting that the City look into creating a recreation program. The second draft came back with very specific language saying that the City would place an operating levy on the ballot between November 2008 and November 2010. City Manager Prosser noted that this issue was brought to the City's Budget Committee, also a citizen group, and that was not the direction from the Budget Committee. This was setting up a conflict so City Manager Prosser suggested that the language was overly specific and probably did not belong in a policy document such as the Comprehensive Plan. Mayor Dirksen asked where the change to more specific language originated. City Manager Prosser said that was . not clear and because the language was so specific, it would have committed the City to a course of action that had been turned down by the Budget Committee. The language was revised to convey that the City would "consider developing a recreation program and placing a funding measure before the voters." This language, City Manager Prosser said, represented the basic intent. Councilor Sherwood advised she thought this more general language was reasonable and she would not want language to be specific. Councilor Buehner agreed and said specific language would set up unrealistic expectations. Councilor Sherwood added such specific language might lead someone to expect that an election would be held by a certain date. Mr. Frewing said staff has worked with the Policy Interest Team (citizens) to create the language. There were 10-12 changes that staff had said the City Manager said should be made. City Manager Prosser advised the only issue he gave input on was for the recreation program item. Mr. Frewing read one of the proposed policies that had been removed: "The City shall identify funding to build recreational facilities and provide a full-service recreational program." This was a recommendation from the Policy Interest Team and endorsed by the Park and Recreation Board according to Mr. Frewing. At the meeting last night, the document contained staff commentary stating: "Concerns have been raised that this policy is premature because the City must first assess the need, willingness, and ability of the community to pay for recreation services and related facilities. This is•a fiscal issue that must be addressed prior to making policy." Mr. Frewing said that nothing would happen if we had to wait to identify the financial details. He said he thought it was sound to propose a policy, and acknowledged the City Council, as the decision makers, might decide against the proposed policy. Councilor Buchner said the City Council did make a policy decision at the time of the budget. Mr. Fre wing pointed out that this decision was for the year 2007/08. Councilor' Buehner noted this was relating to whether the City was going to consider funding any kind of recreation program in the next three or Citizen Communications August 14, 2007 Page 2 four years. This was the decision made and staff was following up on that policy decision. Mr. Frewing said he disagreed; what the City Council acted on was the budget for the coming year. At the Budget meeting, Mr. Frewing pointed out the City Council said a recreation program was a good idea, but it could not be afforded now. Mr. Frewing said his objection is that the staff gets "into this" through a staff-review process and also through a final cut before it receives a full airing before the City Council. Councilor Woodruff asked Mr. Frewing if his point was that anything coming from the Policy Interest Teams or the advisory committees should be unfiltered until it gets to the City Council. Mr. Frewing confirmed that Councilor Woodruff s statement was correct. He said the recommendation would go to the Planning Commission from the Policy Interest Team. This would be the process to winnow the document. If the Planning Commission wants to delete a policy, he believed they could do so. After review by the Planning Commission, the City Council would have the ability to add or delete items in the document. He reiterated that staff should not be able to review the proposals for consistency with department work programs and projects. He added the City Manager should not be able to direct that items be deleted because the funding is not yet clear. He said there are many proposals in the Comprehensive Plan draft material where funding is not yet clear. The Comprehensive Plan is a 20-year plan. Mayor Dirksen said he agreed with the philosophy of Mr. Frewing that if these are recommendations that are coming out of the policy action groups, then they should come to the Planning Commission and the City Council unfiltered so these bodies can see what the recommendations are. Mayor Dirksen noted adjustments might be made. There was agreement that staff commentary would be appropriate. Councilor Buehner said she did not agree with the Budget Committee as she thought we needed to go ahead with a recreation plan. But, since there was unwillingness to commit for a three-year period, she went along with the group because it did not make sense to try to do a program for one year. Councilor Buehner said she thought the Budget Committee had made a very clear policy decision and she did not want to see this proposal again. Mayor Dirksen said he thought the City Council should give the policy action groups a clear field; that is, "we get from them whatever we get from them." Councilor Woodruff commented that the recommendation for the recreation program had come from Park and Recreation Board to the Budget Committee. If a broader interest group was now proposing the program, he did not think it would be unreasonable for this to be part of the document. He added that the Budget Committee has already indicated some concerns about this program, but he would not have a problem in looking at this. Mr. Frewing agreed with Councilor Woodruff and said that next year the City Council might or might not decide to place something on the ballot for recreation. Councilor Sherwood said her concern was to add specific language about how the program is to be Citizen Communications August 14, 2007 Page 3 created. Mayor Dirksen said he thought it would be all right to keep this language while Councilor Sherwood noted that the City Council looks to staff for a detailed review of the document. Councilor Buehner again said she did not want to see any recommendation for a ballot measure in 2008, when a policy decision has already been made. Councilor Woodruff said City Manager Prosser's suggestion that the language be more general was something that should come to the City Council. City Manager Prosser said he had concerns about the specific time frames. He said Mr. Frewing was correct about other language that had been removed; however, this language was duplicative. There is still language in the document that says the City will consider creating a recreation program. City Attorney Ramis noted there will be a legal review of the document. Legal counsel will be looking at the document with regard to its legal sufficiency and enforceability. The distinction the attorneys will be looking for in the language is what language shall be enforceable policy and what language is intended to be aspirational. It is critical that as the City Council reviews the document, it distinguishes between what it intends to be legally enforceable and what is an aspiration that the City might want to pursue in the future. City Attorney Ramis added that this is a legal document that can be brought to the Land Use Board of Appeals to be enforced. Councilor Wilson said the Comprehensive Plan sets the parameters for the zoning ordinance. What is being discussed at this time is a new City service. He asked whether non-land use related items should be considered. City Manager Prosser advised that a briefing on the Comprehensive Plan process is scheduled for next week's Council meeting; he suggested this matter could be discussed in more detail at that meeting. City Manager Prosser said we were hoping to have broader Comprehensive Plan to set the overall direction for the City, not just for land use, but for what we want to aspire to and achieve in the City of Tigard. Proposed chapters of the Comprehensive Plan will soon be forwarded to the Planning Commission and then will also eventually come before the City Council chapter by chapter. He acknowledged that he and Mr. Frewing have differing viewpoints. Councilor Sherwood suggested to Mr. Frewing that he call the City Manager when he has concerns. Mr. Frewing said this had come up late yesterday evening. o Follow up to previous citizen communication: City Manager Prosser reviewed that Mr. Frewing had brought up concerns about construction activity at Ash Creek Estates. Staff reviewed these concerns and replied to Mr. Frewing in an e- mail communication that was sent out today. The City's new arborist toured the site with the developer. The arborist confirmed that the tree-protection fencing is back in place. Dirt had been moved within the tree-protection zone and this has been cleaned up. The arborist verified that the proper protection measures are in place and reiterated with the builder the importance of making sure those Citizen Communications August 14, 2007 Page 4 measures are not even temporarily breached. The City's arborist also visited with the project arborist to stress the importance of the same items that had been reviewed with the builder. iAadmtcathytccmtcitizen communication follow upt070814 cit com.doc Citizen Communications August 14, 2007 Page 5 ~1 MEMORANDUM (3Fka0 TO: Honorable Mayor & City Council Agenda Item No. . For Agenda of August 14, 2007 FROM: Cathy Whea , Cit Recorder Y RE: Three-Month Council Meeting Calendar DATE: July 27, 2007 Regularly scheduled Council meetings are marked with an asterisk August 14* Tuesday Council Business Meeting - 6:30 pm, Town Hall 21* Tuesday Council Workshop Meeting- 6:30 pm, Town Hall 28* Tuesday Council Business Meeting - 6:30 pm, Town Hall September 11* Tuesday Council Business Meeting - 6:30 pm, Town Hall 18 Tuesday Special Meeting with Tigard-Tualatin School District - 6:30 pm, Town Hall 25* Tuesday Council Business Meeting - 6:30 pm, Town Hall October 9* Tuesday Council Business Meeting - 6:30 pm, Town Hall 16* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 23* Tuesday Council Business Meeting - 6:30 pm, Town Hall 30 Tuesday Fifth Tuesday Council Meeting - Tigard Water Building, 7-9 p.m. iAadmklty councih3-month calendar for 08-14-07 cc mtg.doc Agenda Item No. 3, a.- i Meeting of I^~GtS f /Y , :2047 Tigard City Council Tentative Agenda 2007 Meeting Date: August 14, 2007 Meeting Date: Aug 14 CONTINUED Meeting Date: August 21, 2007 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting TypeTme: Workshop/6:30 p.m. Location: City Hall Location: City Hall Greeter. Greeter: Materials Due @ 5: July 31, 2007 Materials Due @ 5: August 7, 2007 Councilors Wilson & Woodruff will be absent Study Session Business Meeting - Continued Workshop Meeting Transp. WCCC Funding Options - Tom/Gus - 30 min. Finalize Sewer Dist. #37 (87th & Hall) -Info. Pub. 1-5 to 99W Connector Project Briefing - Gus. D. - Hearing - Gus. D. - PPT - RES - 15 min. 30 min: PPT Public Hearing Amend TMC re Chief Petitioners Discuss Strategies for Establishing Continuing Dialog Consent Agenda Req'd to be Tigard Voters for Tigard-Related with Oregon Transp. Commission - Gus - 15 min. Initiatives & Referenda - Cathy W. - 20 min Zone Changes Upon Annexation - Dick B. - 30 min. Metro IGA to provide PD Support for Enforcement of Public Hearing - Exemption from Formal Solicit. Comp Plan Update - Legislative Process - Metro Illegal Disposal - Chief D. for Hiteon Cr. Stream Restoration - Dennis 10 min Darren Wyss - 20 min. Bud. Amd. #3 re Metro Illegal Disposal IGA -Bob S. - RES Proposed CCI Bylaws and Membership Authorize City Mgr. to execute OR Water/Wastewater Structure - Duane - 25 min. Agnc'y Network Mutual Aid & Assist. Agreement - Dennis Amend CWS IGA re Sewer/Surface Water Facilities & Authorize City Mgr. to Execute Amendment -Dennis 3rd Amend. To Joint Funding Agreement for IWRM Water Supply Feas. Study (aka Tualatin Basin Water Supply Project) - Dennis K. LCRB-Traffic Sig. Install at Durham/108th-Tom C. Approve Justice Assist. Grant (JAG) App. - Chief D. MOU re Potential Real Property Trans. Tom C.-RES Business Meeting Council Goal Update - Admin. - 15 min. SI Approve TMC Amendment Changing Current Business Tax Structure - Chief D. - 20 min. - ORD Modify 07-08 Citywide Master Fees and Charges Schedule to Add Changes to Business Tax - Chief D. - 5 min. - RES Business Tax Bud. Amd.#1 - RES - Bob - 5 min. CCDA - Downtown Urban Design Update - CCAC and PC Recommendations - Tom. C - 20 min. Time Avail: 135 min. - Time Scheduled: 110 min. Time Avail: 200 min. - Time Scheduled: 120 min. CONTINUED Time Left: 25 min. Time Left: 80 min. 8/2/2007 1 Tigard City Council Tentative Agenda 2007 Meeting Date: August 28, 2007 Meeting Date: September 11, 2007 Meeting Date: September 18, 2007 Meeting Type/Time: Business/6:30 p.m. Meeting TypeMme: Business/6:30 p.m. Meeting TypeMme: Workshop/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: August 14, 2007 Materials Due @ 5: August 28, 2007 Materials Due @ 5: September 4, 2007 Study Session Study Session Workshop Agenda City Manager Review - Admin. Special Joint Meeting - TTSD & Cities of Discussion on Downtown Plaza Location - Tigard and Tualatin. Invitation to attend: Phil N. 20 min. King City & Durham Council Liaison Assignments - Admin. - 10 min. Consent Agenda NO OTHER ITEMS WILL BE SCHEDULED Consent Agenda Business Meeting Business Meeting Chamber of Commerce Rep. - 10 min. THS Student Envoy - 10 min. Family Fest Update - Joanne B. - 5 min. Proclamation - Constitution Week -Joanne B.-5 min. Proc.-Nat'l Alcohol & Drug Addiction Recovery Annual Joint Meeting with`1'ri-Met - Fred Hansen Month - Joanne B. - 5 min. - Duane 20 min Public Hearing - Selection of Downtown Plaza Annual Police Dept. Update - Bill D. - 30 min.- SI Location - Phil N. - 60 min. Review Downtown Fanno Creek Park Design Update of Library Technical Resources - Margaret Alternatives & Select Preferred Alternative - PPT - 15 min. Phil N. - 60 min. Summer Reading Recap - Margaret B.-PPT-10 min. Time Avail: 135 min. - Time Scheduled: 105 min. Time Avail: 135 min. - Time Scheduled: 125 min. Time Avail: 200 min. - Time Scheduled:0 min. Time Left: 30 min. Time Left: 10 min. Time Left: 170 min. 8/2/2007 1 Tigard City Council Tentative Agenda 2007 Meeting Date: September 25, 2007 Meeting Date: October 9, 2007 Meeting Date: October 16, 2007 Meeting TypelTme: Business/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter. Greeter: Materials Due @ 5: September 11, 2007 Materials Due @ 5: September 25, 2007 Materials Due @ 5: October 2, 2007 Study Session Study Session Workshop Agenda Joint Meeting with Senior Center Board - Loreen - 30min. -SI Joint Meeting with the Budget Committee - Bob - 30 min. - SI Enhanced Citizen Participation Update - Liz - Consent Agenda Consent Agenda 30 min. - SI Legislative Agenda - Liz N. - 30 min. NEED RTS Business Meeting THS Student Envoy - 10 min. Business Meeting Proclamation: Tigard Chamber Week -Oct. 1-5 - Joanne - 5 min. Chamber of Commerce Rep. - 10 min. Time Avail: 135 min. - Time Scheduled: 15 min. Time Avail: 135 min. - Time Scheduled: 10 min. Time Avail: 200 min. - Time Scheduled: 120 min. Time Left: 120 min. Time Left: 125 min. Time Left: 80 min. 8/2/2007 Agenda Item # °3 ,3 Meeting Date Au-ust 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consent Agenda: Approve an Intergovernmental Agreement with Metro Providing Tigard Police Department Supyort for the Enforcement of the Metro Illegal Disposal Ordinance Prepared By: Chief Bill Dickinson Dept Head Approval: L4A"" City Mgr Approval: ISSUE BEFORE THE COUNCIL The City Council is being asked to approve and authorize the City Manager to sign an Intergovernmental Agreement (IGA) with Metro for the City to assign a police officer to provide general investigative law enforcement service to enforce Metro's code and regulations with regard to solid waste flow control and management. Metro would reimburse the City for the full cost of providing these services. STAFF RECOMMENDATION Approve the IGA with Metro and give the City Manager approval to sign the agreement. KEY FACTS AND INFORMATION SUMMARY One of the primary responsibilities of Metro's Regional Environmental Management Department is to carry out Metro's responsibility to manage the flow of solid waste in the region and the provisions relating to illegal dumping in the Regional Solid Waste Management Plan. One of the enforcement regulations Metro has is contained within their Illegal Disposal Ordinance. Instead of having Metro staff as enforcement officers under this Ordinance, Metro has looked to the local law enforcement community to provide this service. Metro has approached the City's Police Department and requested that a City police officer be assigned to work with them on their enforcement efforts. The officer would be primarily responsible for surveillance and investigating suspected violations of environmental laws, rules, and ordinances. If approved by the City Council, an officer would be assigned to work with Metro staff in their Regulatory Affairs Division but remain a City employee. However, Metro would reimburse the City for all personnel and related expenses. This position is not in the FY 2007-08 Adopted Budget, so there is a related agenda item on the Council's consent agenda to approve a budget amendment to establish budget authority. There is no impact to the City's General Fund. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Increase Tigard's involvement with Washington County, Metro, State, ODOT, TriMet, and Federal Government ATTACHMENT LIST Intergovernmental Agreement with attachments between the City and Metro. FISCAL NOTES The City will be fully reimbursed for the services provided by the additional position, including a 10% fee to cover the City's cost of administration. This position is not included in the FY 2007-08 Adopted Budget and a budget amendment will be a consent agenda item for approval by the City Council. \Wg20UnetpubWg20kwwwrooi%fo=sVorm docstcouncil agenda Item summary sheet 07.doe TIGARD City Council Document Transmittal To: Chief Dickinson c/o Tom Imdieke From: Cathy Wheatley Date: August 16, 2007 I'm sending you: Document Type: IG ❑ Contract ❑ Other Document Name: Metro - Police Officer - Metro Code Enforcement Approved at the Council Meeting of: August 14, 2007 Number Copies Included: 3 originals ❑ Your document(s) have been signed by the Mayor x Your document(s) have been signed by the City Manager & City Attorney ❑ Your document(s) requires an additional signature(s) ❑ When all signatures have been obtained, file an original document with City of Tigard Records x Additional instructions: Please submit a records transmittal and send one of the fully executed original for the Tigard Records Division (hint: retention code 166-200-0135(10) I:\ADM\I'ORMS\CITY COUNCIL DOCUMF3N"f '1'I ANSMI'I'ft1L.DOC Tigard Contract No. Metro Contract No. 928101 INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement ("Agreement") is made under the authority found in ORS 190.010, et seq., and ORS 206.345 between the City of Tigard ("TIGARD") and METRO. RECITALS WHEREAS, TIGARD is a political subdivision of the State of Oregon and is a unit of local government authorized to enter into intergovernmental agreements pursuant to ORS 190.010, et seq.; and WHEREAS, METRO is an Oregon municipal corporation formed and operating under state law and the Metro Charter, and is a unit of local government authorized to enter into intergovernmental agreements pursuant to ORS 190.010, et seq.; and WHEREAS, METRO desires to contract with TIGARD for the performance of certain law enforcement functions to be performed by TIGARD; and WHEREAS, TIGARD is able and prepared to provide the services required by METRO under the terms and conditions set forth in this Agreement; now, therefore, IN CONSIDERATION of those mutual promises and the terms and conditions set forth hereafter, and pursuant to the provisions of ORS chapter 190, the parties agree to be bound as follows: 1. TERM: The term of this Agreement shall be from July 1, 2007, through June 30, 2008. 2. TERMINATION: This Agreement may be terminated as follows: a. Any party to this Agreement may terminate this Agreement for its convenience and without penalty upon thirty (30) days written notice of its intention to terminate. b. If METRO is unable to appropriate sufficient funds to pay TIGARD for its services under this Agreement, METRO must notify TIGARD and the Agreement shall terminate as of the end of the last fiscal year for which such appropriations are available. C. Any obligations arising prior to the date of termination survive the termination, including any obligation to defend and indemnify any other jurisdictions. 3. INDEMNIFICATION: Subject to the conditions and limitations of the Oregon Constitution and the Tigard/Metro IGA Page 1 of 8 FY 2007-2008 Tigard Contract No. Metro Contract No. 928101 Oregon Tort Claims Act, ORS 30.260 through 30.300, TIGARD shall indemnify, defend and hold harmless METRO from and against all liability, loss, and costs arising out of or resulting from the acts of TIGARD, its officers, employees, and agents in the performance of this Agreement. Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, METRO shall indemnify, defend, and hold harmless TIGARD from and against all liability, loss, and costs arising out of or resulting from the acts of METRO, its officers, employees, and agents in the performance of this Agreement. 4. ADHERENCE TO LAW: Each party must comply with all federal, state, and local laws and ordinances applicable to this Agreement. 5. ACCESS TO RECORDS: Each party must have access to the books, documents, and other records of the other parties related to this Agreement for the purpose of examination, copying, and audit, unless otherwise limited by law. 6. ENTIRE AGREEMENT: This Agreement and Exhibit 1 constitute the entire agreement between the parties. This Agreement may be modified or amended only the by written agreement of the parties. 7. ATTORNEY FEES: In the event a lawsuit is filed to obtain performance of any kind under this Agreement, the prevailing party is entitled to additional sums as the court may award for reasonable attorney fees, all costs, and disbursements, including attorney fees, costs, and disbursements on appeal. 8. SEVERABILITY: The parties agree that, if any term of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms will not be affected. 9. NOTICES: The parties must send any notices, bills, invoices, reports, or other written communications required by this Agreement through the United States Mail, first-class postage paid, or personally delivered to the addresses below: Tigard Metro City Manager Solid Waste & Recycling Department Director 13125 SW Hall Blvd 600 NE Grand Avenue Tigard, OR 97223 Portland, OR 97232 INVESTIGATION 10. TIGARD shall provide a TIGARD police officer ("Officer") for general investigative law enforcement service to METRO at METRO's direction. This service shall include: (a) Enforcement of the METRO code and regulations, including without limitation provisions related to flow control investigation and solid waste Tigard/Metro IGA Page 2 of 8 FY 2007-2008 Tigard Contract No. Metro Contract No. 928101 management; (b) Random and directed surveillance of persons collecting, transporting, storing, treating, and disposing of solid and liquid waste to ensure such persons are complying with the METRO code and regulations; (c) Assistance with investigation, case preparation, and prosecution in cases involving offenses (including without limitation fraud, racketeering, and material breach of contract) allegedly committed by vendors, contractors, or subcontractors doing business with METRO or by facilities, firms or individuals subject to METRO ordinances and regulations; (d) Investigations of suspected violations of environmental laws, rules, and ordinances; and (e) Other general investigative work as requested by METRO. 11. During the existence of this Agreement, the Officer shall exercise such authority as may be vested by law or by terms of this Agreement, including full power and authority to cite, arrest, and take other enforcement action for violations of all METRO code provisions and regulations, including without limitation those relating to flow control and waste management. PERSONNEL MATTERS 12. TIGARD shall provide for the performance of the duties hereunder one FTE officer position. For the purpose of this Agreement, one FTE position means an employee who is regularly scheduled to work at least 40 hours per week performing the services required under this Agreement. 13. The Officer shall be certified by the State's Department of Public Safety Standards and Training. 14. For an Officer who has been assigned to METRO for one year or longer, METRO shall pay one-half of personnel costs for absences due to general law enforcement training. METRO shall not pay personnel costs for absences due to specialized law enforcement training that does not relate directly to the services provided under the terms of this Agreement. 15. The Officer shall be and remain an employee of TIGARD. TIGARD shall ensure that the Officer performs duties in accordance with the administrative and operational procedures of TIGARD. 16. METRO has the right, upon request and for cause stated, to have an Officer removed from assignment under this Agreement and replaced by other Officer meeting the requirements of this Agreement. 17. METRO will not pay wages, salaries, or other compensation directly to the Officer performing services under this Agreement or for any other liability not provided Tigard/Metro IGA Page 3 of 8 FY 2007-2008 Tigard Contract No. Metro Contract No. 928101 for in this Agreement. 18. TIGARD shall maintain Workers' Compensation insurance coverage for the Officer, either as a carrier insured employer or a self-insured employer as provided in ORS Chapter 656. 19. The collective bargaining agreement between the Officer and TIGARD ("collective bargaining agreement") governs all matters related to benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment of the Officer. 20. The collective bargaining agreement and the TIGARD personnel rules govern all labor disputes arising out of this Agreement. 21. The Officer may be absent from duty for various reasons, including but not limited to vacation, holidays, illness, training, leave of absence, and administrative leave in accordance with the foregoing acknowledgment: (a) TIGARD will not be responsible or otherwise obligated to replace an Officer who is absent due to paid accrued leave, including without limitation vacation, holiday, sick, and training leave. TIGARD will make a good faith effort to schedule planned absences to minimize the impact on its ability to perform under this Agreement. (b) TIGARD may invoice METRO, and METRO shall pay, the personnel costs of an Officer absent on vacation or sick leave, up to a total combined annual maximum of 120 hours, only if the Officer has been assigned to METRO for six months or longer. METRO shall pay personnel costs for any Officer absent during the following nine holidays when METRO's offices are closed: (1) New Years Day; (2) Martin Luther King Day; (3) Washington's Birthday; (4) Memorial Day; (5) Independence Day; (6) Labor Day; (7) Veterans Day; (8) Thanksgiving Day; and (9) Christmas Day. OFFICE SPACE 22. METRO shall provide the Officer with office space and shall pay the costs for utilities including without limitation telephone costs, at METRO's premises or at a site mutually agreed upon by TIGARD and METRO. Tigard/Metro IGA Page 4 of 8 FY 2007-2008 Tigard Contract No. Metro Contract No. 928101 EQUIPMENT PURCHASE, USE AND DISPOSITION 23. The parties will purchase materials and supplies necessary for this Agreement as provided in this section. "Materials" includes items with a unit cost of $1,000 or more, and "supplies" includes items with a unit cost of less than $1,000. 24. METRO shall purchase all materials and supplies necessary for the performance of this Agreement. 25. METRO shall own all vehicles and equipment it purchases for this Agreement, including without limitation capital equipment. TIGARD shall use METRO's vehicles and equipment only to perform its duties under this Agreement and shall not use them for any other purpose without authorization from METRO. TIGARD shall assume liability for damage to any METRO vehicles or equipment while being used for non-METRO law enforcement-related purposes. Except as provided in paragraph 26, upon termination of this Agreement, TIGARD shall return all materials and supplies to METRO. 26. Consistent with Metro Code Chapter 2.04.064, upon termination of this Agreement METRO may grant to TIGARD an option to purchase from METRO any or all remaining materials and supplies purchased for this Agreement at a price mutually agreed upon by the parties, not to exceed the fair market value of the items at the times of purchase. TIGARD agrees to give METRO notice of TIGARD's intent to exercise this option within 60 days following termination of this Agreement. CONTRACT COSTS 27. METRO shall pay TIGARD for all costs as set forth in this Agreement. By February 1 of each year, TIGARD shall provide METRO with a good faith projection of the cost of this Agreement for the subsequent term of the Agreement. The parties shall agree on the amount paid by METRO for the term of the Agreement before each anniversary date of the execution of this Agreement. 28. For the Agreement beginning July 1, 2007, METRO will pay TIGARD no more than $110,000, unless additional services are requested or directed by METRO. This amount includes all fees, costs, and expenses to which TIGARD is entitled for the term of this Agreement. 29. Exhibit 1 is the Budget for the Agreement prepared by METRO. TIGARD shall submit itemized billings to METRO no more than 15 days after the end of each quarter of the contract year, and METRO shall make payment to TIGARD within 30 days of receipt of approved billings. Tigard/Metro IGA Page 5 of 8 FY 2007-2008 Tigard Contract No. Metro Contract No. 928101 DISPUTE RESOLUTION 30. If a claim, controversy, or dispute arises out of this Agreement, the complaining party shall give written notification to the other party of the nature of the claim and the remedy requested within 10 days of the incident that forms the basis of the dispute. 31. Oregon law shall govern this Agreement. The parties shall resolve all claims, controversies, or disputes that arise out of this Agreement by arbitration in accordance with the arbitration rules of the Arbitration Service of Portland or the American Arbitration Association. The party who first initiates arbitration shall designate an arbitration service by filing a claim in accordance with the rules of the organization selected. Such arbitration shall take place in Portland, Oregon, and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. CONTRACT ADMINISTRATION 32. The designated representative of the City of Tigard will represent TIGARD in all matters pertaining to administration of this Agreement. 33. METRO designates its Solid Waste & Recycling Department Director or his designee to represent METRO in all matters pertaining to administration of this Agreement. CONTRACT MODIFICATION AND THIRD PARTY RIGHTS 34. This Agreement may be amended by agreement of the parties. Any amendment to this Agreement shall be effective only when incorporated herein by written amendments and signed by both METRO and TIGARD. 35. This Agreement shall not be deemed to vest in any third party any rights, nor shall it be deemed to be enforceable by any third party in any legal, equitable, or administrative proceeding whatsoever. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly appointed officers on the date written below. TIGARD METRO By: By: City Manager Michael Jordan Chief Operating Officer Date: Date: Tigard/Metro IGA Page 6 of 8 FY 2007-2008 Tigard Contract No. Metro Contract No. 928101 APPROVED AS TO FORM: APPROVED AS TO FORM: Metro Attorney By' By: and Counsel Michelle Bellia Assistant Metro Attorney Date: 4 Date: SK:mb/gbc S:\REWkraten\Contractffigard PD\928101 Tigard IGA.doc Queue Tigard/Metro IGA Page 7 of 8 FY 2007-2008 Tigard Contract No. Metro Contract No. 928101 EXHIBIT 1 Metro Regional Solid Waste Management Metro Illegal Dispoal Ordinance FY 2007-08 Base Total Hourly Hourly Rate Rate Benefit % w/Benefits Dectective $28.15 Total Budget Special Assignment Pay $0.84 Total Hourly Rate $28.99 55.00% $44.94 2080 $93,475.78 Clothing Allowance Per Month $50.00 $600.00 Equipment Allowance Per Year $100.00 $100.00 Vehicle Rental Month to Month $350.00 $4,200.00 $98,375.78 Administrative Fee 10.00% $9,837.58 $108,213.36 Note: Overtime would be at time and a half and no dollars have been included in this budget. SAREM\kraten\Contracts\Tigard PD\928101 Tigard IGA.doc Queue Tigard/Metro IGA Page 8 of 8 FY 2007-2008 Agenda Item # O Meeting Date August 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/A.genda `Fide Resolution Approving Budget Amendment #3 to the FY 2007-08 Budget Increasing Appropriations by $90,620 in the Police budget within the Community Services Program, to Reflect an Intergovernmental Agreement Between Metro and the City of Tigard Assigning a Tigard Police Officer for Enforcement of the Metro Illegal Disposal Ordinance. Prepared By: Robert Sesnon Dept Head Approval: ~y City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council approve Budget Amendment #3 to increase appropriations in the Police budget to reflect the fiscal impacts of an untergovcrnmental agreement between Metro and the City of Tigard? STAFF RECOMMENDATION Staff reconunends approval of Budget Amendment #3. KEY FACTS AND INFORMATION SUMMARY T1us is a companion resolution to the intergovernmental agreement between Metro and the City of Tigard. During the August 14, 2007 Council Business meeting Council is to consider approving this IGA which provides that Metro will fund the costs of a Tigard police officer to be assigned to Metro for the enforcement of the Metro illegal disposal ordinance. The agreement stipulates that Metro will reimburse the City of Tigard for personnel and related costs associated with this officer. This budget amendment will transfer $90,620 from the General Fund contingency to the Police budget within the Community Service Program. While Metro will reimburse the City for these costs, Oregon budget law prohibits the city from increasing the revenue budget without completing a time-consuming supplemental budget process involving the Budget Committee. 1~1-ierefore staff does not recommend that the revenue budget be increased. Nevertheless, the related Interagency revenues in the general fund are anticipated to increase by an additional $90,620. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Not Applicable ATTACHMENT LIST Resolution including Attachment A. F1scAL NOTES There is no net affect to the General Fund as a result of this budget amendment. Agenda Item # Meeting Date August 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider a Mutual Aid and Assistance Agreement with the Oregon Water/Wastewater Agent Response Network (ORWX R Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: ISSUE BEFORE TBE COUNCIL Shall the City of Tigard enter into a mutual aid and assistance agreement with ORWARN and authorize the City Manager to execute the agreement? STAFF RECOMMENDATION Authorize the agreement. KEY FACTS AND INFORMATION SummARY ■ Events such as 9/11, the 1994 Northridge earthquake, the 1996 Oregon floods, and more recently Hurricane Katrina have highlighted the need for water and wastewater utilities to create intra-state mutual aid and assistance agreements. ■ To that end, an Oregon-based group, ORWARN is being formed. The group's mission is to promote statewide emergency preparedness, disaster response, and mutual assistance for public and private water/wastewater utilities. ■ The agreement is designed to: - Increase planning and coordination - Enhance access to specialized resources - Expedite arrival of aid - Reduce administrative conflict - Provide lists of emergency contacts and available resources - Facilitate federal recovery and funding processes ■ The Intergovernmental Water Board passed a motion at its July 11, 2007 meeting recommending the City enter into the agreement. ■ The agreement would not obligate the City to respond or provide aid and assistance, support would be completely voluntary. ■ Most of Tigard's regional utility counterparts are electing to enter into this agreement. ■ The agreement has been reviewed by the City Atorney. OTHER ALTERNATPJES CONSIDERED The Council could choose to not join ORWARN. 1 Cny COuNciL GOALS None AT cHmENT LIST 1. June 29, 2007 Memo to the Intergovernmental Water Board 2. ORWARN Brochure 3. ORWARN Mutual Aid and Assistance Agreement FISCAL NOTES There are no costs associated with the City's participation in ORWARN. Attachment 1 MEMORANDUM TO: Intergovernmental Water Board Commissioners FROM: Public Works Director Dennis Koellermeier RE: Participation in an Oregon Water/Wastewater Agency Response Network (ORWARN) Mutual Aid and Assistance Agreement DATE: June 29, 2007 Attached for the Board's review are documents describing a new water-related mutual aid agreement developed for Oregon-based utilities. This agreement is completely voluntary and addresses the coordination of response activities and the sharing of resources during an emergency. The agreement also spells out general administrative functions and helps define what the requesting or assisting agencies are committing to, prior to an actual call for assistance. Most of our regional utility partners are electing to join this group. I suggest we follow suit and recommend the City of Tigard enter into the ORWARN Mutual Aid and Assistance Agreement. Why Should My~ F! Agency Join • ORWARN Interim :i i. Y tyi - 3 - b_.. y - • Increased planning anclcoorinatioi 4 3 1 ' Board and Outreach OR 0 Enhanced access to specialized resources. • Asmgle_agreementprovidesaccess Mike Gotterba Chaiman rriember:utiht<es,ststewide Oregon City of Salem Expedites arrival of aid 503-588-6347 m ottg erba&citvof salem.net { • Is consistentwith e: a ond il Incident mate r/Wa stewate r s Management System (NIMS) r Mike Stuhr, Vice Chair Reduces administrative _ Portland Water Bureau Agency ~ conflict. r 503-823-1517 s • Agreement contains indeinruficahon and - mstulir a water.ci_portland.or.us worker's comp:provisions to protect response participating utilities, and provisions for Kevin Hanway, Secretary reimbursement of costs,las heeded , City of Hillsboro Water Network ;t. Provides - - . - 503-615-6585 resources. kevinha@ci.hillsboro.or.us ~i 'f • j Reonse to~any mcidii is Utilities Helping Utilities { Neil Kennedy, Outreach Coordinator o^ Tualatin Valley Water District 503-848-3049 ®RWARN Mission: neilk(crtvwd.org = Watch for our new Web site: 3 Promote statewide emergency _ R preparedness, disaster response, and www.orwarn.org A F. mutual assistance for public and private water/wastewater utilities. Y f An ounce of prevention is I- worth a pound of cure. " 'lie -OR F. i -Benjamin Franklin WARN ore on WaterlWastewatarAg cy Response Network Events such as 9/11, the 1994 Northridge The "Utilities Helping Utilities" concept is ahout equipment, materials, or services. Member x earthquake, the 1996 Oregon flood, and more creating an opportunity to enhance water and utilities may request mutual-aid deployment of recently, Hurricane Katrina in 2005 identified a wastewater utility resiliency in response to disa 3ters emergency support to restore critical operations need for water and wastewater utilities to create during the response and recovery phases. at the affected water/wastewater utility. Member 1 intra-state mutual aid and assistance programs Emergencies transcend political jurisdicti.)nal agencies are never obligated to respond. because: boundaries, and multi-utility coordination is esse ntial • Utilities require for protecting lives and property and for facilitating specialized the efficient use of available assets, both public and resources to private. sustain ORWARN is designed to provide quick and operations. professional assistance in any situation that Government t lft~ 2. overwhelms the capabilities of a water or wastev rater utility. Nofamal f - - ' response agencies and other critical infrastructure rely on water supplies. declaration of _ r emergency is • Utilities must provide their own support needed, and until state and federal resources are - assistance can - available. take the form of personnel, a J • Large events impact regional areas making - assistance from nearby utilities impractical. a W RN Initiative rcou~raged Byr • Disasters impact utility employees and z their families, creating greater need for American Water Works Association National Association of Water Companies relief. Association of Metropolitan Water Agencies Oregon Department of Environmental Quality • Agreements must be established pre- Association of State Drinking Water Administrators Oregon Department of Human Services event for federal reimbursement. Association of State and Interstate Water Pollution Control Adminiatrators Oregon Office of Emergency Management • Promoting mutual aid/assistance meets f. National Rural Water Association U.S. Environmental Protection Agency FY06 Department of Homeland Security requirements. National Association of Clean Water Agencies Water Environment Federation Agenda Item # 3 ' 6 Meeting Date August 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider an Amendment to the Intergovernmental Agreement with Clean Water Services ~CWS~ Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council approve an amendment to the intergovernmental agreement with CWS and authorize the City Manager to execute the amendment? STAFF RECOMMENDATION Approve the amendment and authorize the City Manager to execute the amendment. KEY FACTS AND INFORMATION SUMMARY ■ The City and Clean Water Services executed an intergovernmental agreement in 2005 regarding the operation of sanitary sewer and surface water services within City boundaries. The roles and responsibilities of each party were outlined in the agreement. e At the time of this agreement, it was envisioned that a shift of responsibilities between the City and CWS would occur at a future date. Ongoing discussions between the two parties have proven to be complicated. The City and CWS have not yet reached an agreement regarding the final responsibilities and the equitable funding mechanism for those responsibilities. ■ Tigard is one of several cities that provide sanitary sewer and surface water services within CWS' boundaries. The cities providing these services have agreed to a financial study which will establish costs for various services and responsibilities. The study will be completed later this year and will allow negotiations to go forward. ■ The current amendment extends the existing agreement for one more year while the financial study is conducted. Appendix A outlines the responsibilities of each party through June 30, 2008. OTHER ALTERNATIvES CONSIDERED The City Council could choose to not amend the agreement. CITY COUNCIL GOALS None ATTAcHmF-NT Usr 1. Amendment Appendix A FiscAL NOTES Approving this amendment does change the cost of providing of sanitary sewer and surface water service this fiscal year. Agenda Item # ? ' Meeting Date August 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider a Third Amendment to the joint Funding Agreement for the Integrated Water Resource Management Water SuI2121y Feasibility Study (aka Tualatin Basin Water SgWly Project) Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: IssuE BEFORE THE COUNCIL Shall the City Council approve a third amendment to the joint Funding Agreement for the IWRM Water. Supply Feasibility Study and authorize the Mayor to execute the amendment? STAFF REcom ENDAnoN Approve the amendment. KEY FACTS AND INFORMATION SUMMARY ■ The City of Tigard has been a partner in the Tualatin Basin Water Supply Project since the project's inception in 2001. The City currently owns a 16.35 percent share in the proposed project, which will provide the Tigard Water Service Area up to 15.7 million gallons per day of stored water when built. ■ Tigard has participated fully in the partnership, signing an initial agreement, and a subsequent first amendment. (A second amendment to the agreement was withdrawn.) The City has invested approximately $820,000 in the project to date. ■ The City is now being asked to consider a third amendment. One of the driving forces behind the amendment is the addition of the Title Transfer Project. This project will investigate a title transfer of the Scoggins Dam and Hagg Lake facilities from federal to local control. The transfer is expected to expedite the project and lower project costs. ■ The third amendment would: - Authorize payment of up to $217,445 to complete additional tasks related to the Draft Planning Report/Environmental Impact Study and to fund the Title Transfer Project - Allow a partner to recover the costs of any real property purchases, should that partner voluntarily withdraw from the project ■ The Intergovernmental Water Board passed a motion at its July 11, 2007 meeting recommending the City approve the amendment. ■ Should the City choose not to approve this amendment, our partners would assume the City has withdrawn from the project, and our water allotment would be reallocated. ■ The amendment has been reviewed by the City Attorney. OTHERALTERNATTVES CONSIDERED The City Council could choose not to approve the amendment. This would likely result in the City's withdrawal from the partnership. Criy CoUNcIL GOALS None ATTACHMENT LIST 1. June 29, 2007 Memo to the Intergovernmental Water Board 2. Third Amendment to the joint Funding Agreement for the IWRM Water Supply Feasibility Study FISCAL NoTEs The third amendment authorizes payment of up to $217,445; funds in the amount of $400,000 have been appropriated for this project in the FY '07/'08 budget. Attachment 1 MEMORANDUM TIGARD TO: Intergovernmental Water Board Commissioners FROM: Public Works Director Dennis Koellermeier Pit/ RE: Amendment to the Joint Funding Agreement for the Tualatin Basin Water Supply Project DATE: June 29, 2007 Attached for your review, and possible recommendation to the City of Tigard, is a proposed amendment to the joint Funding Agreement for the Tualatin Basin Water Supply Project. One of the major drivers for this amendment is the addition of the Title Transfer Project. In April of this year, the IWB passed Resolution No. 07-01 supporting the investigation of a title transfer from the Bureau of Reclamation to local ownership. This amendment authorizes payment of up to $217,445 to complete additional tasks related to the Draft Planning Report/Environmental Impact Study and to fund the Title Transfer Project. The Tigard Water Service Area (I WSA) has participated in the Tualatin Basin Water Supply Project since 2001; $820,003 has been spent to date. Clean Water Services manages the project, and fellow partners include Tualatin Valley Water District, and the Cities of Hillsboro, Beaverton, and Forest Grove. Failure to support this amendment would cause the other partners to assume we have withdrawn from the project, and our water allotment would be reallocated. I estimate we will be in a position to decide whether to continue or voluntarily withdraw from this partnership sometime this fall. Given our somewhat uncertain status regarding the project, the partners have assured me that if we withdraw, our costs would be frozen at that point. We would not be held financially responsible for work completed after our involvement in the project has ceased. Based upon these facts, I propose the IWB recommend the City of Tigard approve the third amendment to the joint Funding Agreement for the Tualatin Basin Water Supply Project. r , THIRD AMENDMENT TO JOINT FUNDING AGREEMENT FOR IWRM WATER SUPPLY FEASIBILITY STUDY (AKA AS TUALATIN BASIN WATER SUPPLY PROJECT) This Amendment, dated , 2007 is between Clean Water Services (District), formerly known as Unified Sewerage Agency, a county service district formed by authority of ORS 451, the Tualatin Valley Water District, a domestic water district formed by authority of ORS 264 and the cities of Hillsboro, Beaverton, Forest Grove and Tigard, all municipal corporations of the State of Oregon (Partners) and amends the parties' Joint Funding Agreement - IWRM Water Supply Feasibility Study dated June 20, 2001 as amended by the First Amendment dated November 14, 2002, and the Second Amendment dated December 4, 2003 (collectively, JFA). RECITALS 1. The Partners previously entered into the JFA under which the Partners agreed to jointly fund a study of the feasibility of alternative approaches to increase the water supply and evaluate the "no action alternative." 2. The Partners now wish to amend the JFA to fund additional tasks to complete the Tualatin Basin Water Supply Project Draft Planning Report/ Environmental Impact Statement, and Title Transfer Project (collectively, Project). The Water Supply Feasibility Study was completed in March 2004. 3. The Partners also wish to amend the JFA to address the acquisition and disposition of Project assets upon termination of the JFA or termination of any Partner's participation in the JFA secured during the development of the Project. TERMS AND CONDITIONS 1. Section 2 of the JFA is hereby deleted in its entirety and replaced with the following: 112. Cost Share Each party's share of the cost of the Project shall be proportional to the party's projected share of the additional water supply as of the date of this agreement, assuming 50,600 acre-feet of additional supply. The cost share for each party shall be equal to the percentage indicated in Exhibit B attached hereto and incorporated herein." 2. Pursuant to Section 4 of the JFA, the cities of Cornelius, Banks, North Plains, Sherwood and Tualatin voluntarily terminated their rights and obligations under the JFA. Other Partners have assumed their rights and obligations as identified in Exhibit B. Page 1 of 5 Third Amendment to Joint Funding Agreement for Water Supply Project i Version updated - 5-8-0 3. From the effective date of this Amendment, each Partner shall compensate District for its share of the cost of the Project as provided in Exhibit B attached hereto and incorporated herein. A revised payment schedule with reallocation of each Partner's share is included in Exhibit B. Total payment to District for compensation for services provided during fiscal year 2007-2008 shall not exceed $1.33 million. 4. The first sentence of Section 4 of the JFA is hereby deleted and replaced with the following: "Except as otherwise indicated in this Section, no party may terminate its rights and obligations under this Agreement until the Project is completed or a total of $5,797,400 has been expended, whichever occurs first." 5. Exhibit A of the JFA is hereby replaced with Exhibit A attached hereto and incorporated herein. 6. The previous Amendments to the JFA included funding for future real property purchases and other capital assets. 7. The purpose of this agreement is to enable the Partners to acquire real property, easements and other real property interests necessary for the Project (collectively, Property). The Partners grant District the authority to acquire Property necessary for the Project and to sign any documents on behalf of the Partners to purchase the Property. Any real property acquired shall be owned by the Partners as tenants in common. 8. Section 4 of the JFA established the conditions which must be met for any Partner to voluntarily terminate its rights and obligations. If any funding Partner terminates its rights and obligations under the JFA, it shall, upon the sale or transfer of any interest in the Project property, receive a share equal to the lesser of the following: a) the amount that the terminating Partner paid to purchase the Project property less that Partner's prorata share of all expenses incurred with respect to the Property including but not limited to costs of repairs, maintenance, debt service, all real and personal property taxes, governmental or other assessments levied against the Project property, title insurance premium, real estate commission, escrow fee, appraisal fee, recording fees and any other expenses incurred in connection with the sale or acquisition of the Project property (the foregoing expenses shall be referred to collectively as Expenses) or b) the amount of the terminating Partner's prorata share of the actual purchase price of the Project property less that Partner's prorata share of Expenses. The terminating Partner shall deliver to the nonterminating Partners a duly executed statutory warranty deed conveying the terminating Partner's interest in the Project property to the nonterminating Partners, or any other Partner that the nonterminating Partners may designate, free and clear of all liens and encumbrances except those existing as of the date such Partner terminated its interest in the JFA. 9. If the Project property is not sold or transferred within three years of the voluntary termination of any Partner, the nonterminating Partners shall purchase the terminating Partner's interest in the Project property in an amount equal to each nonterminating Partner's share as identified in the JFA. The nonterminating Partners shall have the Project property appraised and shall pay the terminating Partner the lesser of the following: a) the amount that the terminating Partner paid to purchase the Project property less that Partner's prorata share of all expenses incurred with respect Page 2 of 5 Third Amendment to Joint Funding Agreement for Water Supply Project version updated - !:k:2 to the Property including but not limited to costs of repairs, maintenance, debt service, all real and personal property taxes, governmental or other assessments levied against the Project property and the prorata share of the appraisal fee (collectively, Costs) or b) the amount of the terminating Partner's prorata share of the actual appraised value of the Project property less that Partner's prorata share of Costs. The terminating Partner shall deliver to the nonterminating Partners a duly executed statutory warranty deed conveying the terminating Partner's interest in the Project property to the nonterminating Partners, or any other Partner that the nonterminating Partners may designate, free and clear of all liens and encumbrances except those existing as of the date such Partner terminated its interest in the JFA. 10. If the Partners decide to terminate the JFA, they shall have the Project property appraised and list it for sale. Each Partner shall receive its prorata share of the actual purchase price of the Project property less such Partner's prorata share of Expenses. No terminating Partner shall be reimbursed for any other Project costs incurred before termination. 11. This Amendment shall be effective upon signing of all parties. 12. Except as amended herein, the JFA shall remain in full force and effect. The above is hereby agreed to by the Partners and executed by the duly authorized representatives below: CLEAN WATER SERVICES APPROVED AS TO FORM By: District General Counsel Date: TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM By: Attorney Date: CITY OF HILLSBORO APPROVED AS TO FORM By: Attorney Date: Page 3 of 5 Third Amendment to Joint Funding Agreement for Water Supply Project Version updatcd - k§:22 CITY OF BEAVERTON APPROVED AS TO FORM By: Attorney Date: CITY OF FOREST GROVE APPROVED AS TO FORM By: Attorney Date: CITY OF TIGARD APPROVED AS TO FORM 0 By: f , Attorne Date: Al a Page 4 of 5 Third Amendment to Joint Funding Agreement for Water Supply Project Wnion updates - s-&0-, Exhibit A SCOPE OF WORKAND PROJECT ELEMENTS TUALATIN.BASIN WATER SUPPLYPROJECT The following is a review of the various phases and project elements: Water Supply Project - Completion of Draft Planning Report/Environmental Impact Statement (PR/DEIS) 1. Complete Draft PR/EIS for public review and distribution. 2. Coordinate with Bureau of Reclamation on existing operations ESA consultation. 3. Prepare Biological Assessment and Fish and Wildlife Coordination Act reports for Water Supply Project consultations. Title Transfer Project - Draft Environmental Assessment Review (EA) for Title Transfer Process 1. Develop Draft EA for Title Transfer Additional Combined Projects Elements The following are additional Project elements handled with separate contracts or agreements: 1. Governmental and Public Affairs - Consultant contracts to continue efforts to secure federal funding assistance, and community support at local, regional and national levels. Additional resources will be developed based on a comprehensive public affairs strategy. 2. Bureau of Reclamation (BOR) Pacific. Northwest Regional Office and Technical and Engineering Services a. Comprehensive Facilities Review - Inspect and assess condition of Reclamation Facilities. Develop the recommended improvements and cost estimates for the improvements. b. Biological Resources Coordination - Coordinate of existing operations consultation with EIS and permitting requirements. Determine environmental and associated mitigation elements, such as wetlands, fish and wildlife mitigation areas implementation. 3. Governance Structure Development and Contract Negotiations for Title Transfer Project a. Conduct a governance structure development process with local agencies to establish an organization(s) to accept the rights and responsibilities of the transferred Reclamation Facilities. A contractor will assist with development, negotiations and preparation of the various contractual and intergovernmental agreements with the Partners. The contractual elements will include operations, management and administration of the transferred facilities. Page 5 of 5 Third Amendment to Joint Funding Agreement for Water Supply Project Version updated-5-8-07 4. Land Survey and Easement investigation a. Conduct a land survey, title search and related real estate activities to determine the status of the Reclamation lands and interests for the potential title transfer project. These services may include surveying, appraisals, document research and environmental assessments for the various elements of the Title Transfer Project. Continued coordination with Reclamation Lands Resources staff on review of lands acquisition needs and requirements. 5. Clean Water Services Project Management - Continued project management and staff support for the Water Supply and Title Transfer Projects. 6. Miscellaneous expenses - The tasks and elements of the Project not currently provided for in the above listed items. Page 6 of 5 Third Amendment to Joint Funding Agreement for Water Supply Project V enioa updated - 5-0 Tualatin Basin Water Supply Project and Tualatin Project Title Transfer Payment Schedule for Title Transfer and WSP Draft Environmental Impact Statement Phase For FY07-08 - WSP - JFA 3rd amendment Project Manager - Tom VanderPlaat Date 5/4/07 EXHIBIT B PAYMENT SCHEDULE (Based on reallocation and Percentage Share) Water % Share Total FY07-08 FY07-08 FY07-08 FY07-08 FY07-08 Allocations Costs Qtr1 Qtr 2 Qtr 3 Qtr 4 Total Jul-Sep Oct-Dec Jan- Mar Apr-Jun Ac - ft MGD 100.0% 20.0% 30.0% 30.0% 20.0% 100.0% Water Quality Clean Water Service 9,320 25.3 17.62% $234,334 $46,867 $70,300 $70,300 $46,867 $234,334 M&I City of Tigard 8,649 15.7 16.35% $217,445 $43,489 $65,234 $65,234 $43,489 $217,445 TVWD**** 23,091 41.8 43.65% $580,558 $116,112 $174,167 $174,167 $116,112 $580,558 City of Hillsboro 9,656 17.5 18.25% $242,770 $48,554 $72,831 $72,831 $48,554 $242,770 City of Beaverton 1,763 3.2 3.33% $44,333 $8,867 $13,300 $13,300 $8,867 $44,333 City of Forest Grove 420 0.8 0.79% $10,560 $2,112 $3,168 $3,168 $2,112 $10,560 Total M&I 43,579 78.9 82.38% $1,095,666 $219,133 $328,700 $328,700 $219,133 $1,095,666 Sub Total 52,900 104.2 100.00% $1,330,000 $266,000 $399,000 $399,000 $266,000 $1,330,000 WQ(exisiting) 12,618 22.8 M&I (existing w/LOC) 14,000 25.3 *Inactive (Dead) Storage Irrigation 27,022 CWS demands based on 120 day season Fish and Wildlife M&I Demands based on 180 day season Recreation* 6,900 ****Note - Sherwood Shares transferred to TVWD (2000 af) Hydro power Flood Management Note: The Cities of North Plains, Cornelius and Banks elected not to sign the Joint Funding Agreement (JFA) - 2nd amendment. Total (active storage 106,540 Cities of North Plains and Cornelius shares were transferred to Total Storage 113,440 $1,330,000 City of Hillsboro City of Banks shares were allocated proportionally to all Partners under the Joint Funding Agreement - Second Amendment. Cities of Tualatin and Sherwood have decided not sign the JFA- 3rd amendment and their shares will be allocated to TVWD. The Worksheets will be reviewed following the release of the WSP draft PR/EIS SCOGGINS DAM FEASIBILITY STUDY Joint Water Commission FY Budget Expenditures 07/08 $400,000 n/a 06107 $430,000 $o 05/06 $389,490 $0 04/05 $389,490 $389,490 03/04 $230,929 $239,536 02/03 $80,000 $163,416 01/02 $0 $27,561 Total $1,519,909 $8201003 Agenda Item # Meeting Date August 14, 2007 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title: Award of Contract for Installation of a Traffic Signal at the Durham Rd/108`h Ave Intersection Prepared By: Vannie Nguyen pt Head Approval: City Mgr Approval: CP ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board approve the contract award for the installation of a traffic signal at the Durham Rd/108`'' Ave Intersection? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to NorthStar Electrical Contractors in the amount of $154,000.00 and authorize an additional amount of $15,000 to be reserved for contingencies and applied as needed as the project goes through construction. The total amount committed to the project is therefore $169,000.00. KEY FACTS AND INFORMATION SUMMARY • Traffic volumes on Durham Road have steadily increased since the mid 80's. Volumes will continue to increase because the street provides a direct connection between Highway 99W and Hall Blvd. Traffic from the residential area south of the Durham Rd/108`h Ave intersection attempting to turn left onto Durham Road experiences excessive delay. Whenever the gaps in traffic flow are infrequent, the left-turn movements become difficult and are often unsafe. The problem has become worse as the residential developments along 108`'' Ave are completed creating increased volumes at the intersection. A traffic analysis indicates installation of a traffic signal would enhance traffic movements and safety at the intersection. The design for the signal was completed in June 2007. • This project constructs a traffic signal and necessary roadway improvements at the intersection including wheelchair ramps and crosswalk markings. • Upon completion of the installation, traffic will be controlled through a video detection system mounted on the signal pole at the intersection. This new detection device takes the place of traditional loop detectors that are installed in the pavement. The inductive loop detectors are not aesthetically pleasing and are expensive to replace when streets are resurfaced or require a pavement overlay. • The project was advertised forbids on July 3, 2007 in the Daily Journal of Commerce and on July 5, 2007 in the Times. Bids were opened on July 17, 2007 and the bid results are: NorthStar Electrical Contractors Tualatin, OR $154,000.00 (low bid) Signal Construction Group Woodburn, OR $157,973.00 Electrical Construction Albany, OR $166,847.00 Engineer's Estimate Range $170,000 to $210,900 • The three bids are relatively close together and slightly less than the low Engineer's estimate. The bids suggest that the lower cost is a more accurate representation of the true cost and that the project estimate is high. • NorthStar Electrical Contractors submitted the lowest responsible bid of $154,000.00. Staff recommends approval of the contract award to this lowest bidder. . • Because it will take approximately two months to fabricate signal poles and mast arms, the contractor is allowed to have 100 calendar days to complete the installation. The construction is anticipated to start in early September and is expected to be completed by the end of this year. OTHER ALTERNATIVES CONSIDERED N/A COUNCIL GOALS This project addresses the Council goal of "Aggressively pursue funding to correct traffic congestion within the City." Installation of a traffic signal improves traffic movements and enhances safety. ATTACHMENT LIST Project location map FISCAL NOTES The amount of $200,000 is available in the FY 2007-08 CIP under the Traffic Impact Fee Fund for this project. This amount is sufficient to award a construction contract of $154,000.00 to NorthStar Electrical Contractors and to provide a contingency amount of $15,000.00 for a total project commitment of $169,000.00 lAergt2007.2008 ty cipWurham road at 108th ave-traffic signahowndh8-14-07 durfam signal eontract award ais.doc DURHAM RjOA-D & 108TH AVENUE TRAFFIC SIGNAL INSTALLATION G SUMMERFIELD DR O v N Y DURHAM RD W > Q Q x 2 L M co N 44-6 t loco ion E N TITA NO SCALE Agenda Item # 31 9 Meeting Date August 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Approve 2007 Justice Assistance Grant (lAG) Application Prepared By: Chief Bill Dickinson Dept Head Approval: City Mgr Approval:. ISSUE BEFORE THE COUNCIL Should the City Council approve a Bureau of Justice Assitance grant in the amount of $19,269. STAFF RECOMMENDATION Approve grant application KEY FACTS AND INFORMATION SUMMARY A condition for a grant being awarded from the Bureau of Justice Assistance is that there be a review and approval of the application by the governing body of the jursidiction. The funds received would be used in conjunction with the Police Department's efforts to implement a wireless hotspot and/or "mesh" system in the City. This would permit enhanced utilization of the mobile data computers that have been installed in the police vehicles. This technology is currently being used by the City of Beaverton and Washington County. The City now has an opportunity to build on the success of these two existing programs. OTHER ALTERNATIVES CONSIDERED N/A. CITY COUNCIL GOALS N/A ATTACHMENT LIST Grant Application, Program Narrative, and Budget Narrative. FISCAL NOTES Would receive a grant in the amount of $19,269 that does not require any matching funds. %Wg204netpub%g20%wwwmotVonnsVonn docsY.ouncil agenda item summary sheet 07.doc BJA FY 07 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Page 1 of 2 1 BJA FY 07 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2007-F7240-OR-DJ Application Correspondence Switch to Review SF-424 Print a Copy Application Handbook APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE Overview 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY State Application Identifier STATE Applicant Application Non-Construction Information 4. DATE RECEIVED BY Federal Identifier FEDERAL AGENCY Pro'ect Information. Budget and S.APPLICANT INFORMATION Program Legal Name Organizational Unit Attachments City of Tigard Police Department Assurances _an_d_ Address Name and telephone Certifications number of the person to 13125 SW Hall Blvd be contacted on matters Tigard, Oregon involving this application Review SF 424 97223.8144 Imdieke, Tom Submit Application (503) 718-2554 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT Help/Frequently 93-0503940 Municipal Asked _Questions S. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY GMS Home New Bureau of Justice Assistance LO Off 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF -g APPLICANT'S PROJECT NUMBER: 16.738 CFDA EDWARD BYRNE MEMORIAL JUSTICE Use of Secure Mobile/Wireless TITLE: ASSISTANCE GRANT PROGRAM Technology 12. AREAS AFFECTED BY PROJECT City of Tigard 13. PROPOSED PROJECT 14. CONGRESSIONAL Start Date: September 15, 2007 DISTRICTS OF End Date: September 15, 2009 a. Applicant b. Project OR01 15. ESTIMATED FUNDING 16. IS APPLICATION Federal $19,269 SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER Applicant $0 12372 PROCESS? State $0 Program has not been https:Hgrants.ojp.usdoj.gov/gmsextemal/applicationReview.do 7/17/2007 ti BJA FY 07 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Page 2 of 2 Local $0 selected by state for review Other $0 Program Income $0 17. IS THE APPLICANT' DELINQUENT ON ANY FEDERAL DEBT? TOTAL $19,269 N 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. Continue https:Hgrants.ojp.usdoj.gov/gmsextemal/applicationReview.do 7/17/2007 Program Narrative City of Tigard, Oregon Justice Assistance Grant (JAG) Program $19,269 Edward Byrne Memorial FY 2007 Local Solicitation Project Title: Use of Secure Mobile/Wireless Technology The City of Tigard will soon be conducting an assessment study to identify and outline what the needs, requirements, and costs would be to acquire and install a secure wireless hotspot and/or "mesh" system in the City. The assessment study would also determine specific locations where equipment would need to be placed throughout the City to maximize the use of this technology. The City over the past year or so has installed mobile data computers (MDCs) in all of the patrol cars. Now the objective is to maximize the use of the MDCs so that officers can prepare reports at remote locations rather than having to return to the office to complete reports. This will provide better utilization of an officer's time in the field. Officer's will be able to prepare reports and submit them will remaining in the field. This technology is already being used by the City of Beaverton and Washington County. The City of Tigard now wants to take advantage of their experience and proven success and implement this at the City of Tigard. Budget Narrative City of Tigard, Oregon Justice Assistance Grant (JAG) Program Edward Byrne Memorial FY 2007 Local Solicitation Item Qty Cost Extended Cost Materials & Services 1 $19,269 $19,269 Contract to install appropriate equipment at selected sites. Total $19,269 Agenda Item # Meeting Date August 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Memorandum of Understanding Related to Potential Property Transactions. Prepared By: Tom Coffee Dept Head Approval: City -i\,fgr Approval: ISSUE BEFORE THE COUNCIL Authorize the Mayor to sign a resolution relating to a memorandum of understanding which authorizes the City Manager and Community Development Director to work with Fred Fields and the School District in exploring options for a mutually beneficial real estate transaction involving the Hall Boulevard bus storage site and the Fields Property. STAFF RECOMMENDATION Approve the resolution. KEY FACTS AND INFORMATION SUMMARY The City Council reviewed the proposed resolution and memorandum of understanding at its study session on July 24, 2007. OTHER ALTERNATIVES CONSIDERED N/A. CITY COUNCIL GOALS Schools and City government will effectively work together to achieve operational efficiencies and develop support options. ATTACHMENT LIST Attachment 1: Resolution Attachment 2: Memorandum of Understanding. FISCAL NOTES The potential costs to the City are unknown at this time. l:\LRPl..N\Council Materials\2007\5-14-07 AIS Memo of Understanding Related to Potential Property Trans-doc Agenda Item # 4- Meeting Date August 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Second darter Council Goal Update Prepared By. Joanne Ben on 5y, Dept Head ApprovaL- City Mgr Approvah ISSUE BEFORE THE COUNCIL Progress report on the Council goals for the second quarter of 2007. STAFF RECOMMENDATION Review the update. KEY FACTS AND INFORMATION SUMMARY Attached are brief summaries of progress made on the goals adopted by Council in January 2007. OTHER ALTERNATIVES CONSIDERED N/A. CITY COUNCIL GOALS Goals are identified throughout the document. ATTACHMENT LIST - Second Quarter Goal Update Report FISCAL NOTES N/A. iAadm\cirycound\council agenda item sumnuries\2007\ais for 2nd quarter goal update 070814.doc7/23/07 2007 Goal Update Second Quarter The City Council meets annually to set out its goals for the coming year. For 2007, we have focused tasks that should be done in 2007 to lay the foundation for progress in the future. We would also like to acknowledge on-going tasks, programs, and projects that serve and protect Tigard citizens. These work items are in process and do not require specific Council action. Examples include obtaining a permanent and secure water source for the City, greenspace acquisition, fiscal viability, public safety, and library services. 1. Comprehensive Plan a. Updating the blueprint for the City b. Public Input 2nd Quarter Goal Update: Progress continues on the Comprehensive Plan Update. Several citizen "Policy Interest Teams" have been formed. The Policy Teams are meeting with staff to develop the basis for new Comprehensive Plan goals, policies and action measures. In addition these groups are working with City Boards and Commissions on several policy topics. Numerous meetings have been recently held with community groups such as the Kiwanis, Tigard High School Youth Advisory Council and government classes, CP04-B, Tigard Senior Center, Lions Club, Scholls Village Home Owners Association, etc. Also, Long Range Planning staff solicited public input at the Balloon Festival and Tigard Farmers Market. It is expected that several Plan chapters, including Parks and Recreation; Natural Hazards; Public Involvement, Environmental Quality, and Trees will be ready for Planning Commission public hearings by the end of summer/early fall 2007. City Council hearings would follow. Public hearings on other plan chapters will follow. Expected completion of the Comprehensive Plan is spring/summer 2008. 1" Quarter Update: a. Updating the blueprint for the City • Completed and published Tigard 2007. A Comprehensive Plan Resource Report. • Transitioned Tigard Beyond Tomorrow vision process to the Comprehensive Plan Update. ■ Reviewed Comprehensive Plan goal and policy "concepts" for "Trees and Other Vegetation" with the Tigard Tree Board. ■ Made Transportation Growth Management (TGM) Grant Application to update the City's Transportation System Plan (TSP). b. Public Input ■ Scheduled and held joint CCAC and Planning Commission work sessions on Comprehensive Plan Goals, Policies and Action Measures for Tigard Downtown; Planning Commission subsequently held a public hearing and has recommended adoption to Council. • Established Citizen Involvement Program, which includes the Committee for Citizen Involvement (CCI). Councdl Goal Update 7 ■ "Kicked-off' policy phase of Comprehensive Plan Update, which involves developing goals, policies and action measures; public Open Houses to be held on April 18 and 21. 2. Continue to Support Implementation of the Downtown Plan a. Pursue funding for projects b. Prepare for business/ developer recruitment c. Promote Tigard identity d. Promote community fabric in the downtown i. Business Development ii. Public Square iii. Farmers Market iv. Arts & Culture 2nd Quarter Goal Update: a. Pursue funding for projects Staff received notification from Metro in March that the City was awarded a grant in the amount $2.5 million for redesign and construction of Main Street in Downtown. As a result, staff has pursued the earliest possible execution of the project. The timeline as established with Metro is FY07-08: Preliminary Design, FY08-09: Final Design, FY 09-10: ROW Acquisition, FY 10-11: Construction. 'b. Prepare for business /developer recruitment Staff has begun contacting developers to familiarize them with the status of the Downtown, upcoming improvements, and potential opportunities. As part of a second trip to Port Moody, Canada, scheduled for July 26-27, twelve (12) letters to developers were sent out to both invite them on the trip and provide them with background on our Downtown development efforts. A newsletter is being updated on-line, and will be provided with other relevant materials for distribution. Business and key land owners in Downtown have committed to being part of the Fanno Creek Park and Downtown Plaza master planning effort. The Fanno Steering Committee has two key property owners participating. In order to better communicate this project to the public, graphics from the master plan are being placed in an on-line newsletter, and communications with the local news media is being improved so that the evolving design of Downtown such as Main Street, Park or Public Plaza is reported. It is expected that providing visual examples of the future of the Downtown will interest the public, and developers. c. Promote Tigard IdgntitT Promoting a Tigard identity is linked to further developing specific projects. These include a master plan for Fanno Creek Park, the siting and design of a Downtown Public Plaza, and development of a pervasive open space system. The promotion and construction of "sustainable design" projects such as Burnham Street design and Main Street, and the formation of design guidelines will create the type and character of place envisioned. Refining the marketing message about Downtown will be made in Cityscape, on-line, and in the news media. d. Promote Community Fabric in the Downtown i. Business Development: The focus of staffs effort has been on implementing projects within the Downtown Plan and Urban Renewal Plan. Up to now, little effort has been devoted to promoting Council Goal Update 2 new business in the Downtown, or establishing a more formal organization to address business development. However, staff has instituted regular monthly meetings in Downtown to establish better communications with Downtown businesses. It is anticipated that these meetings will provide the opportunity for local businesses to raise concerns. It is also expected that new liaison with the Chamber of Commerce and the upcoming reconstruction of Main Street will stimulate thinking about how to promote new businesses in Downtown. ii. Public Square. Walker Macy, landscape architects, are working on the "Plaza Location Study", which has identified several potential locations for a Public Plaza and adjoining development. On July 24, City Council will be apprised of the options and provide initial input and direction. The siting, programming and design of the Plaza will bring community-wide attention to this project over the .next 6 to 9 months. iii. Farmer's Market Currently the Farmer's Market is located in the Washington Square area with some interest in locating a mid-week market in Downtown. No decisions have been made. The idea of a public market as a programmed use in the Downtown Plaza will be evaluated as part of the Fanno Creek Park Master Plan project. Representatives of the Farmer's Market attended the second Fanno Steering Committee meeting, and will be present at others to participate in the discussion as to its future location. iv. Arts & Culture. There has been some consideration within the Downtown Streetscape Plan of the placement of public art. This topic will be raised again during the discussion about the public plaza and its environment. The topic will also resurface when discussion about a future Performing Arts Center is raised. The siting of a future Performing Arts Center will be considered as part of the discussion about a Downtown Public Plaza which will occur in July and August. A final decision about a Performing Arts Center will likely not be made until further feasibility has been done. Vt Quarter Update: 2a. Pursue funding for projects: Staff received notification from Metro in March that the City was awarded a grant in the amount $2.5 million for redesign and construction of Main Street in Downtown. Approximately '/z of Main Street (railroad to the SW entrance) will be fully reconstructed with grant funds. Improvements will include the street and sidewalks, lighting, landscaping, a revised parking and sidewalk layout, and be constructed to sustainable design standards. 2b. Prepare for business /developer recruitment: Staff has started contacting developers to familiarize them with the status of the Downtown, upcoming improvements, and potential opportunities. A newsletter is being updated on-line, and will be provided with other relevant materials for distribution. Business and key land owners in Downtown have committed to being part of the Fanno Creek Park and Downtown Plaza master planning effort. Being closely connected to this process will inform them of potential opportunities for public / private partnerships. The CCAC is looking at ways in which the City can market its message more effectively. One of the key elements is to provide relevant information to the news media for local coverage. An effort will be made to place graphics and stories about the evolving design of Downtown such as Main Street, Park or Public Plaza in the newspapers. 2c. Promote Tigard identity: Most of staff's effort to create an "identity" in Downtown has been linked to projects as identified in the Downtown Plan and Urban Renewal Plan. These include the creation of a pervasive open space system in Downtown including Fanno Creek Park and Plaza, the promotion and Council Goal Update 3 construction of "sustainable design" projects such as Burnham Street design and Main Street, and the formation of design guidelines which will create the type and character of place envisioned. Refining the marketing message about Downtown will be made in Cityscape, on-line, and in the news media. 2di. Business Development: Because attention has been focused on project implementation, there has been little effort to promote new business in the Downtown. Staff is instituting regular monthly meetings in Downtown to establish better communications with Downtown businesses. It is anticipated that these meetings will provide an opportunity for local businesses to raise concerns. It is also expected that new liaison with the Chamber of Commerce and the upcoming reconstruction of Main Street will stimulate thinking about how to promote new businesses in Downtown. 2dii. Public Square: Walker Macy, landscape architects, was awarded the contract to provide a master plan for Fanno Creek Park and Plaza in Downtown. The siting, programming and design of the Plaza will bring community-wide attention to this project over the next 6 to'9 months. 2diii. Farmer's Market: Currently the Farmer's Market is located in the Washington Square area with some interest in locating a mid-week market in Downtown. No decisions have been made. The idea of a public market as a programmed use in the Downtown Plaza will be evaluated as part of the Fanno Creek Park Master Plan project. 2div. Arts & Culture: There has been some consideration within the Downtown Streetscape Plan of the placement of public art. This topic will be raised again during the discussion about the public plaza and its environment. The topic will also resurface when discussion about a future Performing Arts Center is raised. The siting of a future Performing Arts Center will be considered as the development plan for Downtown evolves and becomes more specific. This is likely to occur over the next 1 to 2 years. 3. Aggressively pursue funding to correct traffic congestion within the City a. Seek funding for 99W improvements b. Support the I-5 Connector c. Support Hwy 217 funding 2nd Quarter Goal Update: a. Seek Funding for 99W Improvements: There are three significant projects that have been funded for improvements to Highway 99W. The projects are: • The TGM (Transportation and Growth Management) grant to prepare a Highway 99W corridor improvement and management plan. • The Greenburg Road/Highway 99W/Main Street intersection project funded through the 3-cent' local fuel tax. • The Hall Boulevard/Highway 99W intersection improvements funded through Washington County's MSTIP program. Highway 99W Corridor Improvement and Management Plan The Highway 99W Corridor Improvement and Management Plan project is nearing completion. Three concept plans aimed at improving traffic circulation, pedestrian safety, and enhancing transit use were developed and evaluated. The three concepts are: • Partial widening (I-5 interchange to Greenburg Road) with access management • Aggressive access management throughout the entire corridor • Widening to 7lanes throughout the entire corridor Council Goal Update 4 The second of three open houses was conducted April 19, 2007 to obtain public input on the three concepts. 'Following the open house, the concepts were evaluated based on the effects on the modes of 'transportation, costs, impact to right-of-way, safety, and other considerations. A third and final open house was conducted on June 7, 2007 to receive public comment on the evaluation results and on the preferred concept based on the evaluation. City Council was briefed on the study results June 19, 2007. The next step, which should be completed in the first week of July 2007, is to refine the preferred concept, prepare an implementation strategy, and develop a comprehensive list of projects for future implementation. Presentations to the Planning Commission, the Chamber of Commerce, the CCAC and possibly others are proposed before the plan is submitted to Council for acceptance or adoption. That presentation to Council is expected to occur in August or September 2007. Greenburg Road/Highway 99W/Main Street Intersection Improvements 'Gas tax collection began April 1, 2007. A prospective petition filed by the Oregon Petroleum Association for an initiative to repeal the ordinance failed to collect sufficient signatures to refer the proposed measure to the ballot. The City will work with Washington County to ensure design and 'construction of the project in conjunction with the County's Hall/99W intersection project. The amount of $500,000 has been budgeted in FY 2007-08 for project design and partial right-of-way acquisition. Hall Boulevard/Highway 99W Intersection Project Washington County is in the initial stages of right-of-way acquisition for the project. The City has reviewed and commented on the draft Intergovernmental Agreement (IGA) with ODOT and Washington County for the project. That IGA will be submitted for Council approval after the parties agree on a final version. The City has discussed incorporation of gateway treatments at the corners of the intersection with County staff and the design consultant. Those concepts will be included with the submittal of project plans to ODOT for review. Funding is included in the FY 2007-08 Community Investment Program to cover costs anticipated for the gateway treatments during the fiscal year. The project is still scheduled for construction in mid-2008, assuming necessary rights-of-way can be acquired in a timely manner. b. Support the I-5 Connector: Regional and local transportation plans have recognized the need for a major connection between I-5 and Highway 99W for more than a decade. The increase in freight movement and traffic with destinations along the Highway 99W and I-5 corridors have resulted in heavy traffic congestion in the ,street systems along both major routes. Washington County, Metro and the Oregon Department of Transportation (ODOT) are jointly leading the I-5 to 99W Connector Project to address this regional problem. The Oregon Transportation Commission has recently designated this as a project of statewide significance. A thorough and detailed study with rigorous analysis and ample opportunities for public involvement and jurisdictional coordination is underway to establish the alignment for this connector. Current Status. Project representatives briefed Council on the project status at the Council meeting on June 26, 2007. The project is in Phase 1 of two phases. Phase 1 includes establishment of the preferred Council Goal Update 5 corridor for the project and submittal of the selected corridor for incorporation into Metro's Regional Transportation Plan. Phase 2 will identify and refine the project design through the EIS process, including obtaining a record of decision and federal authority to proceed toward construction. The project staff will be back on August 21, 2007 to discuss in greater detail the range of corridor alternatives developed for the project. The public hearing on the corridor alternative selected is scheduled for early 2008. c. Support Hwy 217 Funding After two years of study and review, the Highway 217 Policy Advisory Committee (PAC) selected two improvement options to move forward for an environmental impact study. Option A - a new general- purpose (free, unrestricted) lane in each direction on Highway 217 and Option B - a new express toll lane in each direction on Highway 217 in addition to existing general-purpose lanes. An amount of $373,000 in federal funding was approved through Metro's MTIP process for project development on this project. The total funding available for the initial phase of the project is $851,500, which consists of $373,000 in federal funds, $42,692 minimum local match, and $435,808 in other funds provided by Washington County. The planning phase is currently programmed for federal fiscal year 2011, which begins October 2010. 1" Quarter Update: 3a: Seek funding for 99W improvements: Highway 99W carries over 50,000 vehicles per day, half of which is regional through traffic. This highway is currently overwhelmed by the existing traffic volumes. There are no significant parallel routes to this highway, and the traffic congestion will continue to worsen as traffic increases during the next few years. The intersections of Highway 99W with Hall Boulevard and Greenburg Road are bottlenecks that seriously hamper the smooth flow of traffic. At peak travel hours, cut-through traffic uses the City of Tigard's collector and arterial system to avoid the Highway 99W traffic congestion. This traffic adversely impacts the arterial and collector street system in the City. There are three significant projects that have been funded for improvements to Highway 99W. The projects are: • The TGM (Transportation and Growth Management) grant to prepare a Highway 99W corridor improvement and management plan • The Greenburg Road/Highway 99W/Main Street intersection project funded through the 3-cent local fuel tax • The Hall Boulevard/Highway 99W intersection improvements funded through Washington County's MSTIP program Highway 99W1 Corridor Improvement and Management Plan The plan will identify projects and potential land use changes both aimed at alleviating traffic congestion and improving traffic circulation within the highway corridor through Tigard. Projects identified in the final plan will be prioritized for implementation through the City's Community Investment Program. Those projects that require joint effort from the City, county and state will be identified and partnerships will be sought for funding and implementation. The preparation of the plan began in mid-August 2006 and will be completed by the end of June 2007. The plan development process includes six tasks: Task 1: Project Management, Interagency Coordination and Public Involvement (ongoing for duration of the project - estimated as 11 months) Council Goal Update 6 Task 2: Existing Conditions, Plans and Policies (complete 2 months after Notice to Proceed) Task 3: Identify Needs, Opportunities and Constraints (complete 5 months after Notice to Proceed) Task 4: Alternatives Development (complete 7 months after Notice to Proceed) Task 5: Alternatives Evaluation (complete 9 months after Notice to Proceed) Task 6: Refinement/Implementation (complete 11 months after Notice to Proceed) The project has progressed through the existing conditions and needs, opportunities and constraints tasks. An open house meeting to present the findings for public comment was conducted on February 7, 2007. The development of alternatives is underway and will be reviewed by the Technical Advisory (TAC) and Citizen Advisory (CAC) Committees during the first two weeks in April. A second open house meeting to present the alternatives for public input and comment is scheduled for April 19, 2007 in Town Hall. The evaluation of alternatives will follow with review by the TAC and CAC and a third and final open house meeting on June 7, 2007, also in Town Hall. The plan is expected to be completed by the end of June 2007, and will be presented to Council for acceptance or adoption sometime during the summer months. Grrenburg Road/Highway 99W/Main Street Intersection Improvements The current level of service on Greenburg Road at Highway 99W is extremely poor, especially in the afternoon peak travel hours with vehicles waiting through multiple traffic cycles to clear the intersection. In addition, forecasts for Highway 99W along this area show it is well over capacity in future demand. A 3-cent local fuel tax was established by City Council on December 19, 2006. The revenue from this tax is dedicated solely to improvements at the Greenburg Road/Highway 99W/Main Street intersection to complement Washington County's MSTIP 3 (Major Streets Transportation Improvement Program) project to construct improvements at the Hall Boulevard/Highway 99W intersection. The improvements to the Hall/99W intersection will not be fully effective in improving circulation and relieving traffic congestion as long as the bottleneck at the Greenburg Road intersection remains. A corresponding improvement to the Greenburg Road intersection is needed to improve traffic circulation across and along Highway 99W north of the viaduct to the Highway 217 interchange. The local gas tax will provide the revenue to design the project and construct it together with the County project at Hall and 99W. The tax has a 5-year sunset clause, and will be reduced if the state and county increase their gas taxes during the 5-year period. An Intergovernmental Agreement has been executed with Oregon Department of Transportation Fuel Tax Group for collection of the local tax. The tax takes effect April 1, 2007 and will continue until December 31, 2011. A prospective petition has been filed by the Oregon Petroleum Association for an initiative to repeal the ordinance. If they obtain sufficient signatures, the local fuel tax will be placed before the voters at a future election. In the meantime, the City will move ahead with the design of the project for construction in conjunction with the Hall/99W intersection project. Hall Boulevard/Highway 99W Intersection Project This project adds capacity to the Hall Boulevard/Highway 99W intersection. It is funded through Washington County's MSTIP 3 (Major Streets Transportation Improvement Program) with contribution of up to $750,000 from ODOT. The project is on track for construction to begin in the spring of 2008. The project design is underway and the right-of-way necessary for the widening is being identified for acquisition to begin in the next few months. A draft intergovernmental agreement has been prepared for review with County, City and ODOT obligations clearly identified. The City is interested in constructing gateway treatments at the corners of the intersection. The intent at this point is to integrate the gateway treatments into the design and construction of the project. Funding is proposed in the FY 2007-08 Community Investment Program for these gateway treatments. 3b. Support the I-5 Connector Regional and local transportation plans have recognized the need for a major connection between I-5 and Council Goal Update 7 Highway 99W for more than a decade. The increase in freight movement and traffic with destinations along the Highway 99W and I-5 corridors have resulted in heavy traffic congestion in the street systems along both major routes. Washington County, Metro and the Oregon Department of Transportation (ODOT) are jointly leading the I-5 to 99W Connector Project to address this regional problem. The Oregon Transportation Commission has recently designated this as a project of statewide significance. A thorough and detailed study with rigorous analysis and ample opportunities for public involvement and jurisdictional coordination is underway to establish the alignment for this connector. Two community forums have been conducted since the project began in 2005. A range of corridor alternatives are now being developed and will be presented for public comment in a community forum scheduled for summer 2007. The next steps include evaluation of alternatives, a public hearing in winter 2007 to obtain formal public testimony, followed by selection of a preferred corridor for Regional Transportation Plan adoption and local plan amendments. The importance of the connector to Tigard is dependent upon the location of the connection point with Highway 99W. The further south along Highway 99W, the less important it is as a means of reducing traffic congestion on Highway 99W. Although Tigard is not actively involved in the project, the City remains an interested party and is kept informed of its progress. 3c. Support Hwy 217 Funding After two years of study and review, the Highway 217 Policy Advisory Committee (PAC) recommended improvement options to move forward for further study. All of the options studied included improvements to interchanges, arterials, transit, and bike and pedestrian routes in the corridor. The options considered were: • Option A - a new general-purpose (free, unrestricted) lane in each direction on Highway 217 • Option B - a new express toll lane in each direction on Highway 217 in addition to existing general- purpose lanes ■ Option C - a new lane in each direction on Highway 217 and a new tolled ramp meter bypass lane on highway entrances The Highway 217 PAC selected Options A and B in their final recommendation to move forward to an environmental impact study. A request for funding from Washington County to perform preliminary environmental studies for the Highway 217 widening project was submitted for consideration in the Metro Priorities 2008-11 project selection process. The request was approved by the Washington County Coordinating Committee, which consists of elected officials from the County and its cities. Mayor Dirksen is the primary City representative with Councilor Harding as the alternate. The initial request of $500,000 was eventually reduced to $373,000 in the final JPACT recommended list. The overall project cost is estimated to range from $350 to $550 million, depending upon the alternatives selected. 4. Improve Council/Citizen communications a. Complete the City Active Neighborhood (CAN) Program b. Citizen comment card at City Hall/Council meetings c. Boards & Commissions i. Develop a regular training program for new members ii. Develop a tracking system for Board & Commission recommendations iii. Appoint Council liaisons to each Board and Commission - Periodically sit in on meetings iv. Recognize & develop Boards & Commissions as sources for future Council candidates v. Staff 1. Periodically attend staff meetings Council Goal Update 8 2nd Quarter Goal Update: 4a. Complete the City Active Neighborhood (CANT Pr_ogtam The pilot neighborhood web pages were rolled out in April. Board and Committee members (including Committee for Citizen Involvement), Community Connectors and pilot area resident volunteers received an email inviting them to "test drive" the sites. Feedback noted sites were easy to navigate. Staff is developing training for volunteers to learn how to post content and administer the ,sites. Over the summer staff will increase outreach to community and neighborhood events to enlist more volunteers (especially youth) to manage the sites. 'Staff is also working with the Committee for Citizen Involvement (CCI) to refine the CAN Steering Committee Concept 4b. Citizen Comment Card at City Hall/Council meetings GOAL COMPLETED Comment cards are placed in the City Hall and Permit Center lobbies. Staff will also make the cards available at City Council meetings. 4c. Boards & Commissions .Since Councilor Harding resigned to move out of state, Council should review the liaison ,appointments and revise as necessary. 4c.v. Staff Council members attended the annual Employee Recognition event. Council President Sherwood served as the Emcee. 15` Quarter Update: 4a. Complete the City Active Neighborhood (CA Program Staff continues to work on development of the Enhanced Neighborhood Program, involving residents of the pilot areas who have expressed an interest in participating as well as the Committee for Citizen Involvement (CCI). The purpose of the Enhanced Neighborhood Program is to involve citizens as partners in addressing their neighborhood issues as early as possible, and to facilitate neighborhood-level input on broader community issues. Communication resources are being developed to assist citizens in gaining information and education through individual neighborhood web pages, cityscape and training opportunities. A presentation on Neighborhood Program Webpage Design was given to the Committee for Citizen Involvement on February 21, 2007 to collect comments on content of each webpage. Another visit to this committee took place on March 21, 2007 to report progress and solicit advice on developing neighborhood steering committees. Members of the CCI recommended steering committees govern each neighborhood, engaging residents who already volunteer in some capacity for the City - i.e. Neighborhood Watch members, Community Connectors, or CERT trained volunteers. Staff will attend two PSO meetings (Templeton and Metzger) to discuss the Neighborhood Program as well as Comprehensive Plan Open Houses on April 18 and 21 to provide information about the program. The pilot neighborhood webpage is set for roll-out in April. CRIME Spotter, a map-based tool for general information about criminal activity within the City was launched successfully to the public on April 1, 2007. Council Goal Update 9 4b. Citizen comment card at City Hall/Council meetings GOAL COMPLETED At the October 17, 2006 work session, staff reported on development of a Citizens Comment Card suggested by Councilor Harding at the September 26, 2006 Council meeting. Staff took Council feedback from that meeting and integrated comments into a format approved by Council members. A copy of the comment card is attached and is currently at the printer. It will be available for distribution as soon as mid-April. 4c. Boards & Commissions Council met on January 23, 2007 to discuss liaison appointments to each Board and Commission. Resolution No. 07-05 was passed which assigned each member of Council to a Board or Committee. Council will periodically sit in on meetings, but not have a voting role. 4c.v. Staff Council members attended the March 14 and March 16 All Employee meetings as part of their efforts to get involved with staff. 5. Increase Tigard's involvement with Washington County, Metro, State, ODOT, Tri-Met, and Federal government 2nd Quarter Goal Update: Long Range Planning staff worked with the Capital Improvements Division to prepare and coordinate the City's submittal of major transportation projects for Metro's use in development of the Region 2035 Transportation Plan. These are projects the City had identified within its 2001 Transportation System Plan. This project involved substantial coordination and negotiation with other south Metro area governments including Washington County. ■ State Senator Ginny Burdick and State Representative Larry Gahzio provided briefings to Council in April and May. The Legislative Session adjourned in June and a final briefing will be given to Council July 24. ■ ODOT Region 1 Manager Jason Tell provided a quarterly update to Council in June. ■ City Managers within the County met monthly with County representatives. ■ City Manager & Asst. City Manager met with Dennis Mulvihill, County Lobbyist in April, May and June. 1 t Quarter Update: The following has occurred: ■ Monthly meetings between City Manager staff and Dennis Mulvihill, County Lobbyist. ■ January and February briefings to Council by State Senator Ginny Burdick and State Representative Larry Gahzio. ■ City Manager & Asst. City Manager met with State Senator Ginny Burdick and State Representative Larry Gahzio in January, February and March to discuss city priorities. ■ Quarterly update provided to Council by ODOT Region 1 Representative in March. ■ City Managers in the County meeting on a monthly basis with County representatives. ■ Contract with Tri-Met for Officers to staff Transit Police Unit ■ Metro: Councilor Carl Hosticka attended the City Council meeting in February to update Council on Metro proceedings. Council Goal Update 10 S Agenda Item # Meeting Date August 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approve an Ordinance Amending Tigard Municipal Code rfMC 5.04 Business Taxes) Making Changes to the Current Business Tax Structure Prepared By: Chief Bill Dickinson Dept Head Approval; IA/P I City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council approve an ordinance amending Tigard Municipal Code 5.04 incorporating changes that have been proposed to the City's Business Tax Code and dedicate that additional revenue to the funding of a Commercial Crime Unit in the Police Department? STAFF RECOMMENDATION Staff recommends that the City Council approve Version 2 of the Business License Code. KEY FACTS AND INFORMATION SUMMARY At the Council workshop on June 19, 2007, staff reported back on the results of various business group meetings where the proposal to increase the business tax as well as transitioning to a business license program was discussed. Upon hearing that various business groups supported the proposal of the, Tigard Police Department creating a Commercial Crime Unit and that it would be funded by an increase in the business tax (license) fees, the Council gave staff direction to proceed with preparing the necessary code amendments to implement the program. In addition, the Council also gave staff feedback as to which rate structure was preferred that would provide the necessary revenue to fund the annual operating budget of the new Police Department unit. The Council also discussed the option of including certain conditions in the new code that would give the City Manager the authority to suspend or revoke a business license in order to protect the public interest. The conditions include those instances where the business license was procured by fraud or misrepresentation of fact; a licensee failed to comply with other City ordinances; the licensee has been convicted of a crime that has a direct relationship to the conduct of the business; a public nuisance exists; unlawful activity is permitted on the business premises; and other related conditions. Attached to this summary, are two versions of an ordinance and code amendments that give the Council an option as to which business license program should be followed by the City. By approving Version 1, the business tax would be changed to a business license program along with implementing the other recommended administrative and collection procedures. Version 2 includes the same changes as outlined in Version 1 but includes those conditions where suspension or revocation of a business license could occur. A resolution to change the fees associated with a business license program and a budget amendment to establish the spending authority for the new Police Department unit are also included on the same Council Business Agenda as this ordinance. OTHER ALTERNATIVES CONSIDERED Not pursue the funding of a Commercial Crime Unit in the Police Department by increasing the business license fees. CITY COUNCIL GOALS This would be part of the work items referred to in the 2007 City Council goals that would foster and create enhanced public safety. ATTACHMENT LIST Two versions of an ordinance modifying TMC 5.04 and a copy of both versions of the revised municipal code as amended. Version 1 changes the business tax to a business license and incorporates the other recommend administrative and collection procedures. Version 2 includes the changes as outlined in Version 1 and also includes conditions where a business license can be revoked or suspended. FISCAL NOTES This action amends TMC 5.04 and a related resolution amends the City's Fees and Charges Schedule. The new fee structure would generate over $350,000 per year for the funding of the new Police Department unit. \VIg20UnetpubVig20\wwwrootVonnsVorm docslcouncil agenda item summary sheet 07.doc Version 2 TY OF TIGARD, OREGON T RD CITY COUNCIL n - ORDIN CE NO. 07- NDTr~~ e , AN ORDINANCE AMENDING TIGARD M N~CIPAL CODE, TMC 5.04, MAKING CHANGES TO THE BUSINESS TAX STRUCTURE WHEREAS, TMC 5.04 established a City of Tigard business tax; and WHEREAS, the code and fees have not been revised or changed since 1988; and WHEREAS, a proposal to change the business tax to a business license and increase the fees has been presented to various representatives of the business community and received an overall favorable response; and WHEREAS, other changes need to be made to the existing code to implement other recommended revisions that include changes to administrative and collection procedures; and WHEREAS, there was further interest expressed for including certain conditions in the code that would allow the City Manager to suspend or revoke a business license in order to protect the public interest. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 5.04 of the Tigard Municipal Code is amended as shown in Attachment A (Version 2) to this ordinance. (Strike-through text is deleted; underlined text is added). SECTION 2: This ordinance shall be effective January 1, 2008 after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of )2007. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of )2007. Craig Dirksen, Mayor Approved as to form: City Attorney Date: ORDINANCE No. 07- Page 1 1 Deleted: TAXES _Deleted: Inserted: LICENSES Deleted: Tax I /1 Inserted: Tax Ordinance of the 1 Attachment A Deleted: if ~~lt ~IIOIlIl Deleted: 5.04.010. Short Title. TIGARD MUNICIPAL CODE Deleted: 5.04.010 . Short Thl [211 Cha ter 5.04 BUSINESSJLIICENSES. rdinance of the Ci of Tigard." (Ord. 07-X Deleted: q p - - --P -e ty------~ Ord. 88-13 §1(Exhibit A)(part), 1988). If Deleted: Theputposeofthis 3 Sections: ose Deleted: 04.020 Pur ~ ~ - - - ' - - - . p..-- . - - / f /Deleted: These fees 5.04.OIlO Short'II'itle. 5.04.020 Purpose. ,The purpose of this licensing procedure is to Deleted: 5.04.030 Definitions. assure compliance with the 1ovisions of this ; Deleted: Tax 5.04.040 Prohibited Business Operation. chapter and defray the reasonable costs of Deleted: 5.04.050 One Act Constitutes Doing administration of this chapter by any City Deleted: Receipt Business. Department involved in administration and " ' Deleted.- Tax 5.04.060 Agents Responsible For enforcement, activities under 1is chapter. The Deleted: Obtaining A Busines% License. fees generated under authority of this chapter shall 5.04.070 Separate License For Branch be in addition to, and not in lieu of, any other Inserted: License Establishments And Multiple license permit fee, charge`jax or fine required_ Deleted: a Locations. under any ordinance of the City. - Inserted: and Multiple Locations 5.04.080 Rental Real Property. Deleted: or 5.04.090 Multiple Businesses At Same _ It is not intended _by this_ chapter to repeal, Locations. - - abrogate or annul or in any way impair or Meted: joint Tax 5.04.100 No Business License. Required, interfere with the existing provisions of other laws Deleted: a 5.04.110 Business License a uired~But or ordinances, except those , specifically repealed Inserted: at Same Locations Exempt From Business License Fee _ b the ordinance codified in ttus cha ter. Where Deleted: ,5.04.120 Issuance Of Business License. this chapter imposes a greater restriction on Deleted. T~ ,5.04.130 Procedure For Obtaining A persons_premises or personal property than is \ Business License. imposed or required by such existing provisions \ Meted' For Mere Delivery 5.04.140 Display, of law, ordinance, contract or deed, the provisions- Deleted: Tax... Receipts 4 5.04.150 Reissue Of Business ]License of this chapter shallSRptrol. q \ Deleted: For Nonprofit Enter g Tax Receipt. \ Deleted: 5.04.120 Issuance 24 5.04.155 Change in Business Ownership. The provisions of this chapter shall be Deleted: q 5.04.160 ]Fee Schedule. deemed an exercise the ower of the Ci to<I Deleted: 5.04.130. Procedure 7 5.04.165 Renewal. license for revenue. The provisions of this 5.04.170 Commercial Crime Unit. chapter prescribing license fees shall be strictly ' Deleted: 5.04.140. Display. 5.04.173 Temporary Business, _ _ _ _ _ construed in favor of the applicabili of the ' Deleted: I 5.04.180 5.04.180 Administration And license fee. (Ord 07-X (Ord. 88-13 &1(Exhibit~ ; Deleted: 5.04.150.Reissue0 B Enforcement. A)(part .1988). 1,. Deleted: V 5.04.185 Suspension o - - - - ~ - ~ ted: Revocation. 5.04.030 Definitions. Dele 5.04.160 . Feu Sch iii 5.04.190 ]Penalties. _ _ Deleted: 5.04.200. Rate Review &nd Adjustment. _ For the purposes of this _c_hapter, the Formatted: Buffets and Nu 10 - following terms, phrases, words and their i Deleted: control.1 11 5.04.10 Short Title. derivations shall have the meaning given herein- Deleted: When not inconsistent with the context, words in 9 , The provisions of this chapter shall be known the present tense include the future, words in the Inserted: and may be cited as the "Business License plural number include the singular number, and !i'it Deleted: C Inserted: Control- (Ord. 07-X, h I Deleted: (ord. 07-x, I,~ul 5-04-1 Code Update: 03102 i, Deleted: Deleted: (Ord. 88-13 §I(Exhib 12 !y~ Formatted: Bullets and Nu 13 Deleted: fo... r 14 Deleted: s Inserted: s I} p~l~l,~ 15 } 16 1 r17 I18 i 19 Ii, 20 Attachment A ffersion 21 TIGARD MUNICIPAL CODE words in the singular number include the plural joint ventures, societies, associations, clubs, number. The word "shall" is always mandatory trustees, trusts or corporations; or any officers, and not merely directory. agents, employees, factors of any kind or personal representatives thereof, in any capacity, either on 1. "Business" means all kinds of that person's own behalf, or for any other person, Deleted: I vocations, occupations, professions, enterprises, under either personal appointment or pursuant to establishments, and all kinds of activities and law. matters, together with all devices, machines, vehicles and appurtenances used therein, any of "Permanent business" _means Deleted-. 8 which are conducted for private profit, or benefit, professions, trades, occupations, shops and all and either directly or indirectly, on any premises in the every kind of calling carried on for profit, city including home occupations. personal gain, trade or barter and livelihood at a fixed or permanently established place of business 2. A person "engages in business" within maintained within the City. the meaning of this chapter when soliciting orders for future delivery, selling or offering for sale, "Premises" means _ and includes all Deleted: v I trade or barter any goods, merchandise or service, lands, structures, places and also the equipment performing any service for profit, delivering any and appurtenances connected or used therewith in goods or merchandise within the City, personally any business, and also any personal property advertising by individual contract with residents which is affixed to or is otherwise used in of the City any goods, merchandise or service to connection with any such business conducted on be sold or performed within or without the City. such premises. Such activity shall also include engaging in an enterprise, establishment, store, shop, activity, "Temporary business" means _ any Deleted: I o profession or undertaking of any nature business that meets the criteria outlined in Chapter conducted, either directly or indirectly, for private 18.385.050 of the Community Development Code ( d. 07-X, Delete: profit or benefit and has a valid temporary use permit. _r Ord. 88-13 §I(Exhibit A)(part), 1988). Deleted: paid 3. "The City" means the City of Tigard, Deleted: Oregon. 5.04.040 Prohibited Business Operation. j Deleted: ADeleted: tax as provided 4. "City Council" means the City Council It shall be unlawful for any persons, either of the City of Tigard, Oregon. directly or indirectly, to engage in any business Deleted: 9 without having first obtained a business license 5. "Full-time equivalent employee" means and where applicable a Home Occupation Permit / I Deleted: e.. "Itinerant business" means the total number of hours worked by all and nayine .the business license fee as ,prescribed / all persons, firms or corporations, including merchants, solicitors, peddlers, employees working within the City of Tigard by this chapter. _(Ord. 07-X, Ord. 88-13 l/ hawkers and egents, engaging in the divided by two thousand eighty hours, which §1 (Exhibit A)(part), 1988). / business in the City to sell or solicit for ilals the number of full-time equivalent sale products or services, when such eq persons, firms or corporations do not employees working within the City of Tigard. 5.04.050 One Act Constitutes Doing maintain a permanent place of business Business. within the City or who are not engaging "Person" means and includes but is not in "temporary business" as defined below. limited to individual natural persons, partnerships, For the purpose of this chapter, any persons Deleted: 7 5-04-2 Code Update: 03102 0 Attachment A (Version 2) TIGARD MUNICIPAL CODE shall be deemed to be engaging in business or engaging in nonprofit enterprise, and thus subject 5.04.080 Rental Real Property. to the requirements of Section 5.04.040, when undertaking one of the following acts: Each rental real property shall be deemed a branch establishment or separate place of business 1. Selling any goods or service; for the purposes of this chapter when there is a representative of the owner or the owner's agents 2. Soliciting business or offering goods or on the premises who is authorized to transact services for sale„ hire, trade % barter; business for each owner or owner's agent, or there Deleted: or is a regular employee of the owner or of the 3. Acquiring or using any vehicle or any owner's agent working on the premises. _(Ord. 88- premises,for business purposes in the City. (Ord. 13 §l(ExhibitA)(part), 1988). Deleted: in the city 88-13 §1(Exhibit A)(part), 1988) 5.04.090 Multiple ]Businesses At Some Deleted: Joint Tax 5.04.060 Agents Responsible For Location. Deleted: a Obtaining A Business icense. Inserted: at same Location A person engaged in two or-more businesses • - - - Deleted: Tax Receipt _represeves or -other at the same location shall not be required to pay The agents, ntati responsible aarties doing business In the Cityshall separate puniness license fees for conducting each Deleted: be personally responsible for the compliance of such business; but, when eligible, shall be issued Inserted: Liceaee their principals and of the businesses they one .business license which shall specify on its D1eted; 9 represent with the provisions of this chapter. face all such businesses. _(Or07 07-X, Ord. 88-13 Deleted: orother (Ord. 88-13 §1(Exhibit A)(part), 1988). §1 (Exhibit A)(part), 1988). De~bed:texea 5.04.070 Separate License For Branch 5.04.100 No (Business (License Requiredr Deleted: receipt EstablishmentsAnd h ultiple Deleted: Tax ]Locations. Notwithstanding the requirements of this + Deleted: To. chapter, the following shall not be required to Deleted: For Mere Delivery If M Mrson engages in business in more apply for and obtain a business license: than one location In the City, a business license Deleted: a fee shall be paid in the manner prescribed in this 1. No business license shall be require d Deleted: chapter for each branch establishment or location for any _person for any mere delivery in the City of ' . Deleted: A tax of the business engaged in, as if each such branch any property purchased or acquired in good faith Formatted: Bullets and Numbering establishment or location were a separate from such person at the reug 1ar place of business Deleted: 9 business; provided, that warehouses and outside the City. distributing plants used in connection with and incidental to a business icensed under the 2 Minors engaged in bab sy ittmg, deliverva Deleted: taxed provisions of this chapter shall not be deemed to of news~iipers mowing lawns, washing cars, an d Formatted: Bullets and Numbering be separate places of business or branch similar activities. Deleted: V establishments. Separately franchised operations shall be deemed separate businesses even if 3. City Sponsored events. Formatted: Bullets and Numbering operated under the same name. _(Ord. 07-X, Ord. 88-13 §1(Exhibit A)(part), 1988). 4. Casual or isolated sales (i.e. garage or, Deleted: q 5-04-3 Code Update: 03102 0 Deleted: tax -..-[221 Deleted: 0 Inserted: 013 § 1 (Exhibit A 23 Deleted: I tlllLlL6l1chment A ! Deleted: No tax shall be requ' 24 (VersII®Illl 21 Deleted: I zs TIGARD MUNICIPAL CODE Deleted: Tax moving sales) made by Mrsons who are not licenses 'shall be issued upon written application Deleted: b engaeed in the business of selling, the tune of and receipt of the applicable Lee by the City. ' Inserted: but Exempt property involved provided that no more than Deleted: f four such sales are made annually and last no 3. A duplicate business license shall be Inserted: from Business License Fee. longer than three days at a time. (Ord. 07-X Ord. issued by the City to replace any usiness license Deleted: Receipts For Nonp 88:j 3 & 1 (Exhibit A)(part~ 19881. previously issued which has been lost, stolen, i i- defaced, or &e oyid, with out any illful conduct Oersted: The city shell issue u 2 ,5.041.1.0 Business License Reguired ft on th_e part of the icensee upon the filing by the Deleted: Exempt Fpoeuo Business License icensee of a statement attesting to such a fact and Inserted: A non-profit busine , 28 Fee, paying the City a fee as provided in the Ci 's fee oersted: ..,tax or other charg [2911 schedule. Ord.7-X Ord. 88-13 § I(Exhibit Deleted; ad Displaying A Receipt 1. A non-profit business is required to A)(part), 1988). ! Deleted:... e obtain a business license, but shall be exempt F7[-30-11 from the business license fee. The Citv shall issue 5.04.130 Procedure For Obtaining A Inserted: c a business license, without requiring the payment Ausiness ]License. Deleted; . i.. of any - business license fee therefo to anFormatted: Bullets and Nu 31 persons or organization for the conduct or 1. 11 business licenses shall be 3z - _ Formatted: Bullets and Nu operation of a nonprofit enterprise, either regular issued uQon written application and receipt of the Deleted: purpose or temporary, when the City finds that the agpplicable fee by the City. applicant operates without private profit, for a Deleted: 33 public, charitable, educational, literary, fraternal 2 The business license application shall be f' Deleted'. A nonprofit appscen 34 or religiou se. A person or organization com letel filled out before a business Deleted; 9 F. 35 operating under nonprofit exemption shall operate license is issued. _ Inserted: the nonprofit enterprise in compliance with the provisions of this chapter and all other applicable. An applicant seeking an exemption Deleted: 3.. A rules and regulations. _(Ord. 07-X Ord 88-13 under section 5.04. 110 shall submit an application \ \ ' . Deleted; § I(Exhibit A) (part), 1988) therefor; to the City Mn the prescribed forms Deleted: (Ord. 07__Y Ord. 88- 36 and shall furnish such additional information and Deleted: tax receipts shall be i g ,5.04.120 -Issuance Of Business icense. _ ma such affidavits as the Ci shall reuire. \ Deleted: 2 (Ord 07 X Ord 88-13 &](Exhibit A)(part), B 1. The City shall collect all usiness 19881. Deleted: e...d 30 license fees and shall issue .business licenses Deleted:.q 39 under the provisions of this chapter. The City 5.04.140 Display. Deleted: Tax shall promulgate and enforce rules and regulations \ Inserted: dg, such affidavits ns 40 necessary for the operation and enforcement of Upon payment of the business license fee _k Deleted: taxes rocks 41 this chapter. Such rules shall be available to the person shall be issued a business license by the public upon request. City, which shall be kept posted in a conspicuous Deleted The business tax app 42 place on the business premises at all times. If Deleted: tax. 2. Businesses which constitute a home there is no physical structure on which to display Deleted: d occupation as defined in Chapter 18.385.020 of the business license, the business license shall- be ` Inserted: dept posted in a con , 43 the Tigard community development code shall in the possession of the representative of the Oersted: rmr receipt tax racehave a valid home occupation permit prior to the business present within the City at all times during . issuance of a business icense. All other business which business is being transacted. , (,Ord. 07-X related' .[4511 - - - - Deleted: a person shall be issq-.--- 5-04-4 Code Update: 03102 0 Aftalch» ent A Yerrsion 21 TIGARD MUNICIPAL CODE Ord. 88-13 § 1(Exhibit A)(part), 1988). 5.04.160 Fee Schedule. Deleted: Tax Receipt Deleted: I 5.04.150 Reissue Ofausiness (License. 1. All fees shall be set by resolution of the Deleted: n - - City Coun_ci1. A business license may be reissued if Deleted: incorrect information is recorded on the license as mousiness license year shall be from Deleted: h provided belowa - January J.' to December 3I_'.; = Deleted: . Deleted: tax receipt will be valid from 1. If the reissue is the result of incorrect_ A business license will be valid from the the date ofpayment through Dec(---- .[4671 information due to an error by the City or a City date of issue through December 3 of that ear. 1a _ - .y__ - ~ Inserted:. employee, there will be no fee. _ - - - ' Deleted: tax receipt maybe 47 4. Ag business license fee shall ,be pai ' d Formatted 2. If the reissue is the result of incorrect annually in advance of the business license year. \ information due to an error by the applicant or an For businesses starting after January a of any Formatted agent of the applicant, a reissue fee in the same year, the business license fee shall be paid within 1,`\ Deleted: 2 ATount as the initial issue f_eewill be required. one month of commencing business. Businesses \ Formatted shall be liable for the license fee from the date \ Deleted: The initial payment o 3. If a business licensee relocates during they commence doing business within the City `1\ the calendar year, City-files will be updated but a and not from the date that the license fee is paid or Deleted: - new business license will not be issued until the business license application is submitted., ` Deleted: 3 next renewal business license is issued. Ord. 07- Deleted:. _ X Ord. 88-13 § I (Exhibit A)(part), 1988). 5. The initial business license fee for an Deleted;I annual business license can be made at any time. X Formatted 5.04.155 tChanpe In Business There after the annual business license fee shall be-\ Ownership. due in full eyM January 1' If a person engages Deleted' a in business at any time on or after Jul l of o a ` Deleted: There will be no bus" 49a~_ If a person transfers or assigns a business for business license year, the fee for such business \ \ Deleted: tax receipt holder rel 50 which a license has been paid, the license is license shall be equal to one-half the business Deleted: transferable to the new owner after the receipt of a license fee set forth in subsection 1 above. Formatted: Bullets and Numbering change of ownership fee. The change of Irrespective of when during the period from ownership fee shall be established by resolution as January la to December 31." of such license year Formatted provided for under section 5.04.160. The new such person engaged in business, and each Formatted owner shall inform the City of the change in applicant must pay the full or partial fee for the Formatted ownership by paying the change in ownership fee current license year or any portion thereof during Formatted and filing a new license application, but shall not which the applicant has engaged in business. Deleted: who have to pay an additional business license fee for that business license year. The new owner will 6. There will be no business license fee I Inserted: who cease opemti 51 retain the old license number for the remainder of refunds for businesses that cease operation or Deleted: who the business license year. A change in the name move out of the City during the business license oersted: Tigard - - " of the business or change in the location of the year, (Ord. 07-X, Ord. 02-05, Ord. 88-13 Xnserted, Tigard daring the b 52 business shall require a new business license § I (Exhibit A)(part), 1988). Formatted application and an additional business license fee,,. - - - - Formatted 05.04.Il65 -)Itenesval. Formatted: Bullets and Numbering 5-04-5 Code Update: 03102 0 AAftac1111ment A (~c~II'~II®I[it TIGARD MUNICIPAL CODE The City is authorized to conduct inspections ,Application for renewal of all business to insure the administration and enforcement of Formatted licenses shall be made on or before December 31" this chapter. The Code Enforcement Officer(s) of the year following the year of issuance, and shall be responsible for the enforcement of this each succeeding year, if the business is to be chapter. (Ord. 88-13 §1(Exhibit A)(part), 1988). continued. Application for renewal shall be made on forms prescribed by the City manager or 5.04.185 Suspension Qr Revocation. oersted: o designee. A business which has an existing Inserted: or Revocation.1 business license and which has applied for The City manager or designee may deny, 4 renewal of such license on or before December suspend or revoke a business license with cause. The City manager or designee may deny, 31; of the license gear, may remain in business Cause for denial, spQE nsion or revocation shall c ` ause. e. orre Cause for or deebusinesslicensewith _ _ _ cause. suspension or under its exiting license until such time as the include, but not be limited to the following: revocation shall include, but not be renewal license is either approved or denied. limited to, the fouowing:1 Ord. 07-X). 4 ( 1. The license was procured by fraud or 1.. The license was procured by fraud or a,__ _ misrepresentation of fact; misrepresentation offact:4 5.04,170 Commercial Crime Unit, - - - 1 a` 2. - The licensee has failed to comply 2. The licensee has failed to comply with with any of the provisions of this chapter, The City shall establish within the Police any of the provisions of this chapter or any other or any other City ordinance including but not limited to the zoning code and other Department a Commercial Crime Unit. The City ordinance including but not limited to the development regulauonsj additional revenue generated above the current zoning code and other development regulations, 1f annual projected revenue of $206,000 per year 3.. The licensee, or licensee's management personnel, have been shall be dedicated to the creation and the annual 3. The licensee, or licensee's management convicted ofa crime, or suffered civil operating budget for a Commercial Crime Unit personnel, have been convicted of a crime or Judgment or consent decree which bears a (Ord. 07-X)., suffered civil iud ent or consent decree which t direct relationship to the conduct of the - - - - - - - - - _ business licensed pursuant to this chapter- bears a direct relationship to the conduct of the \ Formatted: Bullets and Numbering 5.04.173 iTemporary Business. business licensed pursuant to this chapter. \ , Formatted 1. A temporary business as defined in r4. The licensee, or licensee's employees or Deleted:4 Section 5.04.03% must_co_mply with all agents have violated any atted law or ordinance Form regulations in this chapter. relating to the regulation of the business licensed Formatted: Bullets and Numbering pursuant to this chapter, or any other ordinance: Formatted 2. The business icense 6for a temporary _ business shall be set by resolution of the City 5. The licensee has caused or permitted a \ mil` v Council. A business icen for a temporary public nuisance to exist; Deleted:. 10 business shall be valid until the initial temporary Deleted: tax use permit expires. Any extension or renewal of a 6. The licensee, or licensee's emplovees or \ Deleted: temporary use permit shall require an additional agents, have engaged in have permitted or have rwmatted: Bullets and Numbering business icense fee payment _(Ord 07-X Ord. acquiesced in unlawful activi on the business 02-05, Ord. 88-13 §1(ExhibitA)(Part), 1988). - premises: - Deleted: tax receipt Deleted: 5.04.180 Administration And 7. The licensee has failed to pay a civil Deleted: tax Enforcement penalty or comply with any notice and order of the CiW or - -Deleted: clerk 5-014-6 Code Update: 03102 0 Attachment A TIGARD MUNICIPAL CODE year, the license fee shall be deemed delinquent if 8. The licensee's continued conduct of the the fee is not laid within thirty dLiys after business will for any other reason, result in a commencement of the business activity. substantial danger to the public health, safety or Whenever the license fee is not paid on or before welfare. (Ord. 07-X.) the delinquent date a penalty of ten percent j=lQ0o Formatted of the license fee due and payable shall be added., 5.04.190 Penalties. for each calendar month or, fraction thereof that Deleted: f the fee remains unpaid. The total amount of the Inserted: f Section thereof that the fee 1. Violation of this chapter shall constitute delinquency _penal for any business license year remains unpaid. The total amount of the a Class 2 civil infraction which shall be processed shall not exceed one hundred Mrcent (100%) of delinquency penalty for any business license year shall not exceed one hundred according to the procedures established in Chapter the business license fee due and payable for such percent (100°/) of the business license 1.16 of this code, Civil Infractions. ,year. fee due and payable for such year. I q 6. . 2. Each violation of a separate provision of 6. -If a provision of this chapter is violated this chapter shall constitute a separate infiaction, by a firm or corporation, the officer or officers, or and each day that a violation of this chapter is person or persons responsible for the violation committed or permitted to continue shall shall be subject to the penalties imposed by this constitute a separate infraction. chapter. _(Ord. 07-X, Ord. 88-13 § 1(Exhibit A)(part), 1988). 3. A finding that a person has committed a civil infraction in violation of this chapter shall 5.04.200 Rate Review And Adjustment not act to relieve the person from payment of any unpaid business license, including_ delinquent _Adjustments in the administration and Deleted: tax charges, for which the person is liable. The enforcement portion of this chapter may be made penalties imposed by this section are in addition to by the City Council following a cost analysis to and not in lieu of any remedies available to the occur annually during the budget cycle and in city. conformance with Chapter 3.32 of this code. (Ord 88-13 §1(Exhibit A)(part), 1988) _ Deleted: ■ 4. Payment of the business icense fee after _ Deleted: tax the complaint and summons is served is not a G.\o`tF\tCh.U\TWMT tCose'aI:V,'i -!o'i~"'.d- Deleted: q defense. q q 5.. Any applicant or licensee who fails to q q make an application for an initial business license, V or for renewal of an existing business license q along with the appropriate fee for the business license year, prior to the delinquency date as provided below shall be subject to a penalty. For the renewal of an existing business license, the business license fee shall be deemed delinquent if not paid by January 1' of the applicable business Formatted license year. If a person begins engaging in business after the start of the business license 5404-7 Code Update: 03102 0 Attachment A (Version 2) TIGARD MUNICIPAL CODE Chapter 5.04 BUSINESS LICENSES. Ord. 88-13 §1(Exhibit A)(part), 1988). Sections: 5.04.020 Purpose. 5.04.010 Short Title. The purpose of this licensing procedure is to 5.04.020 Purpose. assure compliance with the provisions of this 5.04.030 Definitions. chapter and defray the reasonable costs of 5.04.040 Prohibited Business Operation. administration of this chapter by any City 5.04.050 One Act Constitutes Doing Department involved in administration and Business. enforcement activities under this chapter. The 5.04.060 Agents Responsible For fees generated under authority of this chapter shall Obtaining A Business License. be in addition to, and not in lieu of, any other 5.04.070 Separate License For Branch license permit fee, charge, tax or fine required Establishments And Multiple under any ordinance of the City. Locations. 5.04.080 Rental Real Property. It is not intended by this chapter to repeal, 5.04.090 Multiple Businesses At Same abrogate or annul or in any way impair or Locations. interfere with the existing provisions of other laws 5.04.100 No Business License Required. or ordinances, except those specifically repealed 5.04.110 Business License Required But by the ordinance codified in this chapter. Where Exempt From Business License this chapter imposes a greater restriction on Fee. persons, premises or personal property than is 5.04.120 Issuance Of Business License. imposed or required by such existing provisions 5.04.130 Procedure For Obtaining A of law, ordinance, contract or deed, the provisions Business License. of this chapter shall control. 5.04.140 Display. 5.04.150 Reissue Of Business License. The provisions of this chapter shall be 5.04.155 Change In Business Ownership. deemed an exercise of the power of the City to 5.04.160 Fee Schedule. license for revenue. The provisions of this 5.04.165 Renewal. chapter prescribing license fees shall be strictly 5.04.170 Commercial Crime Unit. construed in favor of the applicability of the 5.04.173 Temporary Business. license fee. (Ord. 07-X, (Ord. 88-13 §1(Exhibit 5.04.180 Administration And A)(part), 1988). Enforcement. 5.04.185 Suspension Or Revocation. 5.04.030 Definitions. 5.04.190 Penalties. 5.04.200 Rate Review And Adjustment. For the purposes of this chapter, the following terms, phrases, words and their 5.04.10 Short Title. derivations shall have the meaning given herein. When not inconsistent with the context, words in The provisions of this chapter shall be known the present tense include the future, words in the and may be cited as the "Business License plural number include the singular number, and Ordinance of the City of Tigard." (Ord. 07-X, words in the singular number include the plural 5-04-1 Code Update: 03102 Attachment A (Version 2) TIGARD MUNICIPAL CODE number. The word "shall" is always mandatory trustees, trusts or corporations; or any officers, and not merely directory. agents, employees, factors of any kind or personal representatives thereof, in any capacity, either on 1. "Business" means all kinds of that person's own behalf, or for any other person, vocations, occupations, professions, enterprises, under either personal appointment or pursuant to establishments, and all kinds of activities and law. matters, together with all devices, machines, vehicles and appurtenances used therein, any of 7. "Permanent business" means which are conducted for private profit, or benefit, professions, trades, occupations, shops and all and either directly or indirectly, on any premises in the every kind of calling carried on for profit, City, including home occupations. personal gain, trade or barter and livelihood at a fixed or permanently established place of business 2. A person "engages in business" within maintained within the City. the meaning of this chapter when soliciting orders for future delivery, selling or offering for sale, 8. "Premises" means and includes all trade or barter any goods, merchandise or service, lands, structures, places and also the equipment performing any service for profit, delivering any and appurtenances connected or used therewith in goods or merchandise within the City, personally any business, and also any personal property advertising by individual contract with residents which is affixed to or is otherwise used in of the City any goods, merchandise or service to connection with any such business conducted on be sold or performed within or without the City. such premises. Such activity shall also include engaging in an enterprise, establishment, store, shop, activity, 9. "Temporary business" means any profession or undertaking of any nature business that meets the criteria outlined in Chapter conducted, either directly or indirectly, for private 18.385.050 of the Community Development Code profit or benefit. and has a valid temporary use permit. (Ord. 07-X, Ord. 88-13 §I(Exhibit A)(part), 1988). 3. "The City" means the City of Tigard, Oregon. 5.04.040 Prohibited Business Operation. 4. "City Council" means the City Council It shall be unlawful for any persons, either of the City of Tigard, Oregon. directly or indirectly, to engage in any business without having first obtained a business license 5. "Full-time equivalent employee" means and where applicable, a Home Occupation Permit the total number of hours worked by all and paying the business license fee as prescribed employees working within the City of Tigard by this chapter. (Ord. 07-X, Ord. 88-13 divided by two thousand eighty hours, which § 1(Exhibit A)(part), 1988). equals the number of full-time equivalent employees working within the City of Tigard. 5.04.050 One Act Constitutes Doing Business. 6. "Person" means and includes but is not limited to individual natural persons, partnerships, For the purpose of this chapter, any persons joint ventures, societies, associations, clubs, shall be deemed to be engaging in business or 5-04-2 Code Update: 03102 Attachment A (Version 2) TIGARD MUNICIPAL CODE engaging in nonprofit enterprise, and thus subject 5.04.080 Rental Real Property. to the requirements of Section 5.04.040, when undertaking one of the following acts: Each rental real property shall be deemed a branch establishment or separate place of business 1. Selling any goods or service; for the purposes of this chapter when there is a representative of the owner or the owner's agents 2. Soliciting business or offering goods or on the premises who is authorized to transact services for sale, hire, trade or barter; business for each owner or owner's agent, or there is a regular employee of the owner or of the 3. Acquiring or using any vehicle or any owner's agent working on the premises. (Ord. 88- premises for business purposes in the City. (Ord. 13 § 1(Exhibit A)(part), 1988). 88-13 §1(Exhibit A)(part), 1988). 5.04.090 Multiple Businesses At Same 5.04.060 Agents Responsible For Location. Obtaining A Business License. A person engaged in two or more businesses The agents, representatives or other at the same location shall not be required to pay responsible parties doing business in the City shall separate business license fees for conducting each be personally responsible for the compliance of such business; but, when eligible, shall be issued their principals and of the businesses they one business license which shall specify on its represent with the provisions of this chapter. face all such businesses. (Ord. 07-X, Ord. 88-13 (Ord. 88-13 §1(Exhibit A)(part), 1988). §1(Exhibit A)(part), 1988). 5.04.070 Separate License For Branch 5.04.100 No Business License Required. Establishments And Multiple Locations. Notwithstanding the requirements of this chapter, the following shall not be required to If any person engages in business in more apply for and obtain a business license: than one location in the City, a business license fee shall be paid in the manner prescribed in this 1. No business license shall be required chapter for each branch establishment or location for any person for any mere delivery in the City of of the business engaged in, as if each such branch any property purchased or acquired in good faith establishment or location were a separate from such person at the regular place of business business; provided, that warehouses and outside the City. distributing plants used in connection with and incidental to a business licensed under the 2. Minors engaged in babysitting, delivery provisions of this chapter shall not be deemed to of newspapers, mowing lawns, washing cars, and be separate places of business or branch similar activities. establishments. Separately franchised operations shall be deemed separate businesses even if 3. City Sponsored events. operated under the same name. (Ord. 07-X, Ord. 88-13 §1(Exhibit A)(part), 1988). 4. Casual or isolated sales (i.e. garage or moving sales) made by persons who are not 5-04-3 Code Update: 03102 Attachment A (Version 2) TIGARD MUNICIPAL CODE engaged in the business of selling the type of and receipt of the applicable fee by the City. property involved, provided that no more than four such sales are made annually and last no 3. A duplicate business license shall be longer than three days at a time. (Ord. 07-X, Ord. issued by the City to replace any business license 88-13 §1 (ExhibitA)(part), 1988). previously issued which has been lost, stolen, defaced, or destroyed, without any willful conduct 5.04.110 Business License Required But on the part of the licensee upon the filing by the Exempt From Business License licensee of a statement attesting to such a fact and Fee. paying the City a fee as provided in the City's fee schedule. (Ord. 07-X, Ord. 88-13 §1(Exhibit 1. A non-profit business is required to A)(part), 1988). obtain a business license, but shall be exempt from the business license fee. The City shall issue 5.04.130 Procedure For Obtaining A a business license, without requiring the payment Business License. of any business license fee therefor to any persons or organization for the conduct or operation of a 1. All business licenses shall be issued nonprofit enterprise, either regular or temporary, upon written application and receipt of the when the City finds that the applicant operates applicable fee by the City. without private profit, for a public, charitable, educational, literary, fraternal or religious 2. The business license application shall be purpose. A person or organization operating completely filled out before a business license is under nonprofit exemption shall operate the issued. nonprofit enterprise in compliance with the provisions of this chapter and all other applicable 3. An applicant seeking an exemption rules and regulations. (Ord. 07-X, Ord. 88-13 under section 5.04.110 shall submit an application §I(Exhibit A) (part), 1988). therefor to the City upon the prescribed forms, and shall furnish such additional information and 5.04.120 Issuance Of Business License. make such affidavits as the City shall require. (Ord. 07_X, Ord. 88-13 § 1(Exhibit A)(part), 1. The City shall collect all business 1988). license fees and shall issue business licenses under the provisions of this chapter. The City 5.04.140 Display. shall promulgate and enforce rules and regulations necessary for the operation and enforcement of Upon payment of the business license fee a this chapter. Such rules shall be available to the person shall be issued a business license by the public upon request. City, which shall be kept posted in a conspicuous place on the business premises at all times. If 2. Businesses which constitute a home there is no physical structure on which to display occupation as defined in Chapter 18.385.020 of the business license, the business license shall be the Tigard community development code shall in the possession of the representative of the have a valid home occupation permit prior to the business present within the City at all times during issuance of a business license. All other business which business is being transacted. (Ord. 07-X, licenses shall be issued upon written application Ord. 88-13 § 1(Exhibit A)(part), 1988). 5-04-4 Code Update: 03102 Attachment A (Version 2) TIGARD MUNICIPAL CODE City Council. 5.04.150 Reissue Of Business License. 2. The business license year shall be from A business license may be reissued if January 1 s` to December 31 S`. incorrect information is recorded on the license as provided below: 3. A business license will be valid from the 1. If the reissue is the result of incorrect date of issue through December 31" of that year. information due to an error by the City or a City employee, there will be no fee. 4. The business license fee shall be paid annually in advance of the business license year. 2. If the reissue is the result of incorrect For businesses starting after January I" of any information due to an error by the applicant or an year, the business license fee shall be paid within agent of the applicant, a reissue fee in the same one month of commencing business. Businesses amount as the initial issue fee will be required. shall be liable for the license fee from the date they commence doing business within the City 3. If a business licensee relocates during and not from the date that the license fee is paid or the calendar year, City files will be updated but a business license application is submitted. new business license will not be issued until the next renewal business license is issued. (Ord. 07- 5. The initial business license fee for an X, Ord. 88-13 §I(Exhibit A)(part), 1988). annual business license can be made at any time. There after the annual business license fee shall be 5.04.155 Change In Business Ownership. due in full every January I". If a person engages in business at any time on or after July 1" of a If a person transfers or assigns a business for business license year, the fee for such business which a license has been paid, the license is license shall be equal to one-half the business transferable to the new owner after the receipt of a license fee set forth in subsection 1 above. change of ownership fee. The change of Irrespective of when during the period from ownership fee shall be established by resolution as January 1 s` to December 31" of such license year provided for under section 5.04.160. The new such person engaged in business, and each owner shall inform the City of the change in applicant must pay the full or partial fee for the ownership by paying the change in ownership fee current license year or any portion thereof during and filing a new license application, but shall not which the applicant has engaged in business. have to pay an additional business license fee for that business license year. The new owner will 6. There will be no business license fee retain the old license number for the remainder of refunds for businesses that cease operation or the business license year. A change in the name move out of the City during the business license of the business or change in the location of the year. (Ord. 07-X, Ord. 02-05, Ord. 88-13 business shall require a new business license §I(Exhibit A)(part), 1988). application and an additional business license fee. 05.04.165 Renewal. 5.04.160 Fee Schedule. Application for renewal of all business 1. All fees shall be set by resolution of the licenses shall be made on or before December 31s` 5-04-5 Code Update: 03102 Attachment A (Version 2) TIGARD MUNICIPAL CODE of the year following the year of issuance, and shall be responsible for the enforcement of this each succeeding year, if the business is to be chapter. (Ord. 88-13 §1(Exhibit A)(part), 1988). continued. Application for renewal shall be made on forms prescribed by the City manager or 5.04.185 Suspension Or Revocation. designee. A business which has an existing business license, and which has applied for The City manager or designee may deny, renewal of such license on or before December suspend or revoke a business license with cause. 31' of the license year, may remain in business Cause for denial, suspension or revocation shall under its exiting license until such time as the include, but not be limited to, the following: renewal license is either approved or denied. (Ord. 07-X). 1. The license was procured by fraud or misrepresentation of fact; 5.04.170 Commercial Crime Unit. 2. The licensee has failed to comply with The City shall establish within the Police any of the provisions of this chapter, or any other Department a Commercial Crime Unit. The City ordinance including but not limited to the additional revenue generated above the current zoning code and other development regulations; annual projected revenue of $206,000 per year, shall be dedicated to the creation and the annual 3. The licensee, or licensee's management operating budget for a Commercial Crime Unit. personnel, have been convicted of a crime, or (Ord. 07-X). suffered civil judgment or consent decree which bears a direct relationship to the conduct of the 5.04.173 Temporary Business. business licensed pursuant to this chapter; 1. A temporary business as defined in 4. The licensee, or licensee's employees or Section 5.04.030, must comply with all agents, have violated any law or ordinance regulations in this chapter. relating to the regulation of the business licensed pursuant to this chapter, or any other ordinance; 2. The business license fee for a temporary business shall be set by resolution of the City 5. The licensee has caused or permitted a Council. A business license for a temporary public nuisance to exist; business shall be valid until the initial temporary use permit expires. Any extension or renewal of a 6. The licensee, or licensee's employees or temporary use permit shall require an additional agents, have engaged in, have permitted or have business license fee payment. (Ord. 07-X, Ord. acquiesced in unlawful activity on the business 02-05, Ord. 88-13 §1(Exhibit A)(Part), 1988). premises; 5.04.180 Administration And 7. The licensee has failed to pay a civil Enforcement. penalty or comply with any notice and order of the City; or The City is authorized to conduct inspections to insure the administration and enforcement of 8. The licensee's continued conduct of the this chapter. The Code Enforcement Officer(s) business will, for any other reason, result in a 5-04-6 Code Update: 03102 Attachment A (Version 2) TIGARD MUNICIPAL CODE substantial danger to the public health, safety or Whenever the license fee is not paid on or before welfare. (Ord. 07-X.) the delinquent date a penalty of ten percent (10%) of the license fee due and payable shall be added 5.04.190 Penalties. for each calendar month or fraction thereof that the fee remains unpaid. The total amount of the 1. Violation of this chapter shall constitute delinquency penalty for any business license year a Class 2 civil infraction which shall be processed shall not exceed one hundred percent (100%) of according to the procedures established in Chapter the business license fee due and payable for such 1.16 of this code, Civil Infractions. year. 2. Each violation of a separate provision of 6. If a provision of this chapter is violated this chapter shall constitute a separate infraction, by a firm or corporation, the officer or officers, or and each day that a violation of this chapter is person or persons responsible for the violation committed or permitted to continue shall shall be subject to the penalties imposed by this constitute a separate infraction. chapter. (Ord. 07-X, Ord. 88-13 §1(Exhibit A)(part), 1988). 3. A finding that a person has committed a civil infraction in violation of this chapter shall 5.04.200 Rate Review And Adjustment. not act to relieve the person from payment of any unpaid business license, including delinquent Adjustments in the administration and charges, for which the person is liable. The enforcement portion of this chapter may be made penalties imposed by this section are in addition to by the City Council following a cost analysis to and not in lieu of any remedies available to the occur annually during the budget cycle and in City. conformance with Chapter 3.32 of this code. (Ord. 88-13 § I (Exhibit A)(part), 1988). 4. Payment of the business license fee after the complaint and summons is served is not a G:\DRF\ICIients\Tigard\TMC05-04CLEANVersion2 3070907.doe defense. 5. Any applicant or licensee who fails to make an application for an initial business license, or for renewal of an existing business license along with the appropriate fee for the business license year, prior to the delinquency date as provided below shall be subject to a penalty. For the renewal of an existing business license, the business license fee shall be deemed delinquent if not paid by January I" of the applicable business license year. If a person begins engaging in business after the start of the business license year, the license fee shall be deemed delinquent if the fee is not paid within thirty days after commencement of the business activity. 5-04-7 Code Update: 03102 Agenda Item # 6 Meeting Date August 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider a Resolution Modifying the FY 2007-08 Citywide Master Fees and Charges Schedule to Incorporate Changes to the City's Business License Prepared By: Chief Bill Dickinson Dept Head Approval: ~tiVw~ City Mgr Approval: / ISSUE BEFORE THE COUNCIL Should the City Council approve a resolution changing the Business License fees and other related fees in the Citywide Fees and Charges Schedule? STAFF RECOMMENDATION Staff recommends that the Council approve the resolution. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code (IMC 5.04 - Business Licenses) requires that all fees be established by resolution of the City Council. Also, when the FY 2007-08 Citywide Fees and Charges was approved by the Council on June 12, 2007, work had not been completed on the proposal to increase the City's business license. The increase would be used as dedicated revenue to support the creation and annual funding of a Commercial Crime Unit in the Police Department. At the Council workshop on June 19, 2007, the Chief of Police reported back to the Council on the results of various business group meetings where the proposal to increase the business license was presented. It was reported that formal presentations were given to the Rotary, Kiwanis, Chamber of Commerce Business Advocacy Group, Chamber Board, Downtown Business Association, management of Washington Square Mall, and a business group called Tigard Together. It was also reported that the overall response was favorable and that some groups had actually formally endorsed the proposal. The groups, however, expressed that the favorable endorsement was being given on the assumption that the additional revenue would be dedicated to the annual funding of the Commercial Crime Unit. After hearing the feedback that was received from the business community at the workshop, Council gave staff direction to proceed with implementation of the new police unit and changes in the business license. The changes include transitioning from a business tax to a business license. This resolution is necessary to revise the Citywide Fees and Charges Schedule to implement the changes. The changes include the new rates and rate structure, annual adjustment of the rates using the Portland Consumer Price Index (CPI), modifying how the rates are prorated, and establishing a delinquency charge. The additional revenues and expenses for the Commercial Crime Unit were not included in the FY 2007-08 Adopted Budget. A budget amendment establishing spending authority for creation of the unit will also be on a City Council Business Meeting agenda along with an ordinance to make the related changes in the Tigard Municipal Code to transition to a City business license program. OTHER ALTERNATIVES CONSIDERED Not pursue the funding for a Commercial Crime Unit in the Police Department by increasing the business license fees. CITY COUNCIL GOALS This would be part of the work items referred to in the 2007 City Council goals that would foster and create enhanced public safety. ATTACHMENT LIST Resolution with Exhibit A FISCAL NOTES It is projected that the change in the rate structure would generate over $350,000 per year and would be used to fund a Commercial Crime Unit in the Police Department. 1Wg20YnetpubVig20\wwwrootVonnsVonn docstcouncil agenda hem summary sheet 07.doc Agenda Item # Meeting Date August 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Resolution Approving Budget Amendment #1 to the FY 2007-08 Budget Increasing Appropriations by $314,279 in the Police Budget Within the Community Services Program to Reflect Increases in Expenditures as a Result of Implementing a Commercial Crime Unit. Prepared By: Robert Sesnon Dept Head Approval: 145 City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council approve Budget Amendment #1 increasing appropriations in the Police budget for funding of a Commercial Crime Unit? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment #1. KEY FACTS AND INFORMATION SUMMARY During the June 19, 2007 Council Workshop meeting, Council approved the formation of a Commercial Crime Unit in the Police Operations division of the Police Department. This new service is to be funded from increases in the City's business tax permit fees. It is anticipated that the commercial crime unit will be in operation for only nine months of the current fiscal year. This budget amendment transfers $314,279 from the General Fund contingency to the Police budget within the Community Service Program. While increases in the City's Business Tax will offset these costs, Oregon budget law prohibits the city from increasing the revenue budget without completing a time-consuming supplemental budget process involving the Budget Committee. Therefore staff does not-recommend that the revenue budget be increased. Nevertheless, the related business tax increase is anticipated to generate an additional $353,000 in fees and charges revenues to the general fund. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Not Applicable ATTACHMENT LIST Resolution including Attachment A. FISCAL NOTES This resolution transfers $314,279 from the General Fund Contingency to the Police budget for funding of a Commercial Crime Unit. 1~ Agenda Item # Meeting Date August 14, 2007 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Downtown Urban Design Update- CCAC and Planning Commission Recommendations Prepared By: Sean Farrelly, Associate Planner Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY The City Center Advisory Commission and Planning Commission have made recommendations on a format and level of design regulations for Downtown. Staff has proposed a process and timeline for developing these regulations. STAFF RECOMMENDATION Receive a briefing on the recommended format and level of design regulations for Downtown and the timeline to implement. If the City Council determines that the recommended approach is appropriate, staff should be directed to proceed. KEY FACTS AND INFORMATION SUMMARY The recently updated Comprehensive Plan chapter for the Downtown Urban Renewal District includes Action Measure 11.A.1 which states: "Develop design guidelines and standards that encourage attractive and inviting downtown commercial and residential architecture with quality design and permanent materials, particularly in the building fronts and streetscape." A subcommittee made up of members of the CCAC and Planning Commission was formed to recommend a format and level of design regulation appropriate to the Downtown Urban Renewal District. After reviewing different examples of design regulations, they recommended the development and adoption of a "hybrid" code: one that incorporates a form-based code approach toward building form, but uses provisions, processes and standards of the existing development code. They outlined several principles to be included in the new regulations The subcommittee recommended that the design regulations for the Downtown follow a development process with three alternate ways to receive approval based upon the complexity of the development and the applicant's wishes. 1. Clear and objective track: These standards would consist of illustrations or diagrams demonstrating the desired form of development. The applicant's compliance could be determined by a checklist and the decision would be made as a Type II decision by staff with appeal to a review body. 2. Discretionary track: "Discretionary" standards use qualitative statements, where there is more than one way for a designer to meet the standard. This track would result in a Type III decision with public hearing by a review board. In exchange for more flexibility, there is more scrutiny by review board and the public process. I:\LRPLN Wouncil Materials\2007\8-14-07 AIS Downtown Urban Design Update - Rec's.doc q 3. The "over the counter" track: would be used for applications for minor changes and additions to existing development. If the applicant demonstrates that applicable criteria were met, a decision would be issued within a short period of time. The Planning Commission accepted the subcommittee recommendations. The CCAC formally endorsed the subcommittee proposals and made two additional recommendations. Phase II of the Downtown Design Regulations Project will entail developing the specific content and administrative procedures of new design and zoning regulations. The primary citizen working group would be a joint CCAC/ Planning Commission subcommittee, who will review materials produced by staff and consultants. Key stakeholders, such as property owners and developers, will be invited to participate. The City Council public hearings on the new regulations are tentatively scheduled for May 2008. OTHER ALTERNATIVES CONSIDERED None considered. CITY COUNCIL GOALS Goal 2: "Continue to Support Implementation of the Downtown Plan." Goal 4: "Improve Council / Citizen Communications" ATTACHMENT LIST Attachment 1: Memo to Council dated July 23, 2007 Attachment 2: Memo to Planning Commission/CCAC dated June 26, 2007 FISCAL NOTES Not Applicable. L\LRPLN\Council Materials\2007\8-14-07 A1S Downtown Urban Design Update - Rec's.doc 2 ATTACHMENT 1 41 MEMORANDUM TO: City Center Development Agency FROM: Sean Farrelly, Associate Planner RE: Downtown Design Regulations Project Process and Timeline DATE: July 23, 2007 As part of the process to develop and implement new design regulations for Downtown development, the Planning Commission and the City Center Advisory Commission reviewed the memo dated June 26, 2007, which outlines the recommendation of the joint CCAC/Planning Commission subcommittee. On July 16, the Planning Commission accepted the recommendations of the subcommittee. On July 18, the City Center Advisory Commission was briefed. They endorsed the memo, with two additional recommendations to be forwarded to Council: 1) A specific recommendation that an architectural review board be employed for the discretionary track projects, and possibly the clear and objective track, pending the CCAC's review of the new code. 2) That in the development of the clear and objective track building design code, the City should employ a form-based design code specialist to assist in the formulation of that code, and that the City also takes steps to ensure that City staff is properly trained in the understanding and application of form-based design codes to administer the regulations. Next Steps: Downtown Design Regulations Project Process and Timeline Phase II of the Downtown Design Regulations Project will entail developing the specific content and administrative procedures of new design and zoning regulations, to be informed by citizen and stakeholder involvement. 1) Development of Regulations Zoning regulations, site planning and building design regulations shall emphasize the Tigard Downtown Improvement Plan's vision of a pedestrian-oriented urban village character and will implement the recently updated Comprehensive Plan goals, policies, and action measures for the Downtown Urban Renewal District. A first step in developing the regulations will be to create a visual representation of the desired urban forms called for in the TDIP. This visualization could also be derived from concepts and building forms from other localities with high quality urban design. Design Regulations The intent of new regulations should be to require high quality development without increasing the difficulty and timeline of the approval process. This is particularly important in the early stages of Downtown redevelopment, because perceived hurdles can discourage new investment in an unproven market. The following aspects will be addressed: • Exact criteria for when each of the tracks can be used • Clear and objective design standards, with illustrated development standards and expected building forms, and corresponding discretionary design guidelines • Non-conforming uses, thresholds, and incentives • Incentives for certain development features • Building and urban form typologies Land Use Map and Zoning A new land use map and revised zoning for the Urban Renewal District will be based on the real estate development strategy that will be completed in September. New zoning districts and regulations would reflect the land uses that are found to be most feasible for the area. Other Land Use and Urban Design Planning Projects Other projects that are part of the Land Use and Urban Design Planning process, the block size and circulation plan, as well as the determination of the north-south connection ("Urban Creek" feasibility), will be incorporated into the new regulations. 2) Citizen Involvement The creation of the new regulations will involve a high degree of collaboration between staff, citizens, and consultants (hired to perform certain tasks- such as the creation of graphics to illustrate design standards.) • A Citizen Advisory Team (CAT) will be formed, to be composed of City Center Advisory Commission and Planning Commission members. The team will participate in developing regulations by reviewing staff-created "policy principles", examples of code text and illustrations/ photos. Staff will develop the specific code language for CAT approval. • A Technical Advisory Team (TAT) will also be formed, composed of key staff members to review project progress and issues. • Other stakeholders to be engaged include Tualatin Valley Fire and Rescue, Clean Water Services, and local utilities. • A focus group of real estate developers will be convened to test the economic feasibility of regulations. 9 • City Center Advisory Commission will review draft code language. • City Attorney will review the draft code language and graphics at key junctures. • An Open House will be scheduled for the public to review the draft code language and graphics. • Planning Commission and City Council workshops and public hearings will be held to adopt the legislation. Tentative Downtown Design Re ulations Timeline July Aug Sept Oct Nov Dec Jan Feb Mar April May Subcommittee recommendations to CCAC and PC Council briefing 0 0 Form CAT, TAT Real Estate Development Strategy CAT, TAT meetings Hire consultant- plan visualization Hire consultant- building typologies and graphic creation Developer focus group Open House CCAC review Planning Commission workshops Planning Commission Public Hearings City Council workshops City Council Public Hearings ATTACHMENT 2 MEMORANDUM TIGARD TO: City Center Advisory Commission and Planning Commission FROM: Sean Farrelly, Associate Planner RE: City Center Advisory Commission/Planning Commission Joint Subcommittee Recommendations for Downtown Design Regulations DATE: June 26, 2007 A joint subcommittee of the City Center Advisory Commission and the Planning Commission was formed in April, 2007 to recommend a format and level of design regulation appropriate to the Downtown Urban Renewal District. In addition to meeting several times, two members of the subcommittee also attended an all-day training session on form-based codes organized by the Oregon chapter of the American Planning Association. The following details the subcommittee's proposals. The joint subcommittee has recommended the development and adoption of a "hybrid" code: one that incorporates a form-based code approach toward building form, but uses provisions, processes, and standards of the existing development code. This recommendation was made after reviewing and deliberating over different examples of codes that regulate design. The members came to consensus that the following criteria should be addressed by a "hybrid" code: • Be flexible, but require high quality design. • Employ greater use of graphics to explain community goals and desired urban form to applicants, neighborhood groups and administrators. • Illustrate development standards and expected building forms with plans, sections, illustrations, and multiple photo examples. • Consider the building "walls" that frame the Right of Way (the "public realm") as the primary determinant of form. • Take development feasibility and economics into account. • Coordinate building and street design. • Provide predictability for urban form. • More gradual form transition (tapering of building height, bulk, and massing) between adjacent areas with different development intensities. • Address green spaces and character. • Require new development to be designed by a registered architect. • Facilitate the transition of uses over time. • Innovative nonconforming development and use regulations (new work on nonconforming structures must move toward conformance). Employ incentives such as fagade improvement grants, ombudsman (staff person) who can provide technical assistance and/or create "deals" to encourage existing development to conform to new regulations. Process The subcommittee recommended that the design regulations for the Downtown follow a system with three alternate ways to receive approval based upon the complexity of the development and the applicant's wishes: 1) Clear and objective track: This track would emphasize quantifiable "clear and objective" standards. For example, a "clear and objective" standard for a facade is: `for buildings facing public street right-of way, design and construct ground floor facades with at least 65 percent window area. Such windows shall not be mirrored or treated in such a way as to block views into the building. " The applicant's compliance could be determined by a checklist. The decision would be made as a Type 11 decision by staff and could be appealed to a review body: the Planning Commission, Hearings Officer or a new "design review board." As part of the subcommittee discussions, a legal opinion was obtained from the City Attorney regarding the legality of form based codes and illustrated regulations. It was his opinion that illustrations or diagrams demonstrating the desired form of development would be considered clear and objective standards under Oregon law. 2) Discretionary track: "Discretionary" standards use qualitative statements, where there is more than one way for a designer to meet the standard. An example of a discretionary standard is: `Provide views into shops and offices forground floor facades along the public sidewalk. " This track would result in a Type III decision with public hearing by a review board (either an existing body i.e., the Planning Commission, or a new body created for this purpose.) In exchange for more flexibility, there is more scrutiny by review board and the public process. The process must result in a timely decision. 3) The "over the counter" track would be used for applications for minor changes and additions to existing development (up to a threshold to be determined, but could be similar to the current code's "minor modification" standards.) If the applicant demonstrates that applicable criteria were met, a decision would be issued within a short period of time (perhaps a week), in the form of a "compliance letter." Such a three-track system would demonstrate flexibility, in that it would allow projects that did not meet the objective standards to have an alternative way to gain approval. Next Steps The members of the subcommittee will take these recommendations to their respective bodies i.e., the CCAC and Planning Commission, for comment. On August 14, these recommendations and any Planning Commission and CCAC comments will be presented to the City Council. Council will also be asked to provide its input. Following this, staff will develop a timeline and process to work on Phase II, including public input, developing the code language and graphics. Agenda Item # Meeting Date August 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Finalization of Sanitary Sewer Reimbursement District No. 37 (SW 87th and Hall Blvd.) Prepared By: G. Berry~~ Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Finalize Sanitary Sewer Reimbursement District No. 37, established to construct sanitary sewers in SW 87`'' and Hall Blvd. STAFF RECOMMENDATION Approve, by motion, the proposed resolution finalizing Reimbursement District No. 37 as modified by the Final City Engineer's Report. KEY FACTS AND INFORMATION SUMMARY • Council approved the formation of Reimbursement District No. 37 by Resolution No. 07-06 on January 23, 2007 following an informational hearing. Since then, construction of the improvements has been completed and final costs have been determined. The City Engineer's Report has been revised accordingly. On July 30, 2007, notices of the hearing to finalize the district were mailed to owners within the district. • The sewers within the reimbursement district were constructed as part of a construction project awarded by City Council on February 27, 2007. Serving the six lots within the reimbursement district required boring across SW Hall Boulevard to an existing sewer in SW Merlyne Court. This boring also provided service to ten other lots along south side of SW McDonald Street. These ten lots were provided with access to a main line constructed in 1992 through Reimbursement District No. 1. The downstream end of the main line was terminated at SW Hall Boulevard leaving the lots without service. This mainline was connected to the line crossing SW Hall Boulevard and is now functional. • This Reimbursement District installed sewer service to six lots along SW 87`x' Court and Hall Boulevard. The property owners must reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each property owner must pay a connection fee, currently $2,835, and is responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. The sewer connections are available should property owners need to connect. Owners will not be required to pay any fee until they connect to the sewer. • Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. • If Council approves this request to finalize the Reimbursement District, owners within the district will be notified that the sewer is available for connection. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS The proposed Reimbursement District meets Goal No. 1, Updating the Comprehensive Plan, by providing developed areas with septic systems sewer service as required by the plan. ATTACHMENT LIST Attachment 1- Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Attachment 2- Resolution No. 07-06 with Exhibits A, B (7 pages) Attachment 3- Vicinity Map Attachment 4- Map of Reimbursement District No. 1 Attachment 5- Notice to Owners Attachment 6- Mailing List Attachment 7- Resolution No. 01-46 Attachment 8- Resolution No. 03-55 FISCAL NOTES The final actual cost of the reimbursement district project is $182,039. This amount includes the final cost of construction, $160,387, plus $21,652 for administration and engineering as defined in TMC 13.09.040(1). The project was originally estimated to have a construction cost of $130,392. The contract for construction of the sewer was part of a larger construction project awarded by City Council for $295,557 on February 27, 2007. The portion of the construction contract included in the reimbursement district was awarded for $155,518, approximately $25,000 higher than the estimated amount. The final cost of the entire construction project was $280,303.50. The final cost of portion of the construction contract included in the reimbursement district was $4,869 more than the awarded amount of $155,518. The difference was a result of actual work quantities differing from estimated work. There were no other changes to the contract. The portion of the final costs assigned to each owner is tabulated in Exhibit A of the attached proposed resolution. The cost to each owner under the Incentive Program established by Resolution No. 01-46 is also shown. Funding is by unrestricted sanitary sewer funds. is%eng12006-2007 fy cipt87th ave san sew reimh dist 37V nalizationt8-14-07 reim dist 37 ais.doc Attachment 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 07- aQ A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 37 (SW 87TH COURT, HALL BOULEVARD) WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 37 (SW 87th Court, Hall Boulevard) have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 37," attached hereto as Exhibit A, is hereby approved. SECTION 2 A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described in Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 37, SW 87th Court and Hall Boulevard." SECTION 3 Payment of the reimbursement fee, as shown in Exhibit A, is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. RESOLUTION NO. 07 - Page 1 SECTION 6: This resolution is effective immediately upon passage. rd PASSED: This day of v1~- 2007. f Council President, City of Tigard ATTEST: Z City Recorder -City of igard Clengt2g08-2007 ry dp187N we san sew reimD dst 37Vormatlonl7-23.07 reim dist 37 res.doc certified to be a 'rue Copy>®f'= Original on File By: Deputy Recorder - City of VTard Date: Z36 /©z RESOLUTION NO. 07 - Page 2 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 37 (SW 871h Court, Hall Boulevard) Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program, the City of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner would pay a connection fee, currently $2,735, and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic systems according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit The six lots in this district are the lots that can not be served without sewer line extensions. Serving these six lots will require boring across SW Hall Boulevard to an existing sewer in SW Merlyne Court. This boring will also provide service to ten other lots along SW McDonald Street as shown on Attachment 3. These ten lots were provided with access to a main line constructed in 1992 through Reimbursement District No. 1. The downstream end of the main line was terminated at SW Hall Boulevard leaving the lots without service. This mainline will be connected to the proposed line crossing SW Hall Boulevard and will become functional. The owners will be notified when service becomes available. Reimbursement District No. 1 expired on January 21, 2002, so owners may connect to the sewer without payment of a reimbursement fee. The remaining lots on SW 87th Court already are served from an existing line to the rear of the lots and are not included in this district. The proposed project would provide sewer service to a total of six lots within the proposed reimbursement district as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the six lots is $130,392. Engineering and inspection fees amount to $17,603 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $147,994. This is the estimated amount that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their fair share of the total amount. However, the actual amount that each property owner pays is subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be required to pay a connection and inspection fee, currently $2,735, upon connection to the public line. All owners will be responsible for all plumbing costs required for work done on private property. Exhibit A Page 1 of 4 Reimbursement Rate All properties in the proposed district are zoned R-4.5 but vary in lot size from about fifteen thousand to sixteen thousand square feet as can be seen in the following list of lots. Therefore, it is recommended that the total cost of the project be divided among the properties proportional to the square footage of each property. Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's estimated fair share of the public sewer line is $1.58017957 per square foot of lot served. Each owner's fair share would be limited to $6,000, to the extent that it does not exceed $15,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01-46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed, as provided by Resolution No. 03-55 (attached). Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted January 9, 2007 Q P, A tin P. Duenas, P.E. City Engineer iAeng\2006-2007 ty cip187th ave son sew reimb dist 37Vormation\1-23-07 reim dist 37 report ex a.doc Exhibit A Page 2 of 4 87TH COURT Reimbursement District No. 37 Estimated Cost to Property Owners September 1, 2006 ESTIMATED AMOUNT TO BE PAID AMOUNT TO BE PAID AMOUNT THAT OWNER SITE ADDRESS TAX LOT ID AREA (S.F.) AREA (AC) REIMBURSEMENT BY OWNER BY CITY CAN BE DEFERED FEE BY OWNER 1 GARDNER RICHARDA 13940 SW 87TH CT 2S102DD00809 16175.35075 0.371 $25,560 $16,560 $9,000 $10,560 2 BOGAN REGINALD 8 SUSAN HI 13855 SW HALL 2S102DD00801 14697.75398 0.337 $23,225 $14,225 $9,000 $8,225 3 CURTIS FAMILY TRUST 13960 SW 87TH CT 2S1020D0080B 15426.11273 0.354 $24,376 $15,376 $9,000 $9,376 4 BOSSHARDTAURTHERA 13915 SW HALL BLVD 2S1020D00802 14976.41384 0.344 $23,665 $14,665 $9,000 $8,665 5 CURTIS FAMILY TRUST 13905 SW 87TH CT 2S102D000812 16443.5323 0.377 $25,984 $16,984 $9,000 $10,984 6 CURTIS FAMILY TRUST 13935 SW 87TH CT 2S 1020000813 15937.57553 0.366 $25,184 $16,184 $9,000 $10,184 Totals 93657 2.15 $147,994 $93,994 $54,000 $57,994 87TH COURT Reimbursement District No. 37 Estimated Cost to Property Owners Summary September 1, 2006 Estimated Construction Cost $113,384 15% contingency (construction) $17,008 Estimated construction subtotal $130,392 13.5% contingency (Admin & Eng) $17,603 total project costs $147,994 total area to be served (S.F.) 93,657 total cost per S.F. to property owner $1.58017957 The "estimated cost to property owner" column shows the estimated reimbursement fee each owner is required to pay to connect to the sewer. There are no requirements to connect to the sewer or pay any fees until the owner decides to connect to the sewer. The final reimbursement fee will be determined once construction is complete and final costs are determined. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution 01-46. This amount is shown in the "paid by owner" column. The remaining portion of the reimbursement fee that the owner will not be required to pay during this three year period is shown in the "paid by city" column. Please note that this resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. Under Resolution 03-55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. The owner would also be required to pay a connection fee, currently $2,735, at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. These costs are as presented during the Neighborhood Meeting and will be revised once construction is completed and final costs are determined. MAr`C A nC 4 87TH COURT FY 2006-07 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 37 A PORTION OF THE SW 1 /4 SECTION 2 T2S R 1 W W.M. Og 0 2S102DD00801 dA 0 BOGAN, REGINALD FANNO X00 ~ & SUSAN HANSON F~ 13855 77H CT R4.5 GP~~Oko O~ ~ 5 N m 87TH CT >sOs'o Opp ~~J G~ o Q o~, 9 oa 000\~1,~~~ oQ Q j Z ~n N z 2S1020D00813 o Q V) JOHN CT ~y -pG CUR 77S FAMILY TRUST p Qj s~ 13935 SW 87TH CT a, R4.5 MERL YNE C T 0 J m MCDONALD ST J J Q Z NOTE: All properties in the reimbursement EXHIBIT B district are zoned R4.5 NTS Attachment 3 87TH COURT FY 2006-07 SANITARY SEWER EXTENSION PROGRAM REIMBURSEMENT DISTRICT NO. 37 A PORTION OF THE SW 1/4 SECTION 2 T2S R1 W W.M. r'~IAIC* I A~ N N 87 z cF~ McDONALD ST o Q Q O m J COLON CREEK T OUNTA N w LN VICINITY MAP NTS REIMBURSEMENT DISTRICT NO. 1 Attacn,T,ent4 LOTS TO BE PROVIDED WITH SERVICE 1 LUNG, DA VID W 8855 SW MCDONALD ST 87TH CT 25102DC01303 2 MARKS, GARY AND KELLY 8815 SW MCDONALD ST 2SI02DD00804 3 SNOW, GEORGE AND DOROTHY 8775 SW MCDONALD ST 2S102D000805 ' 4 BOZICH, LINDSEY AND DANIEL 2 ,3 4 5 6 8685 SW MCDONALD ST 2S102D000800 5 WHITMAN, WA YNE AND BETTY McDONALD ST 8665 SW MCOONALD ST 2SI02D000806 6 MONTIEL, LOURDES AND 0 VALADEZ, FRANCISO 8 9 13985 SW HALL BLVD Q 2SI02DD00803 7 BIGGS, PA TRICIA AND 7 m AR THUR TRUS TEES 14250 88TH AVE 2S 111 AA00700 W 8 SENKEL, DONALD AND LINDA Q 8740 SW MCDONALD ST Q 2S111 AA00600 = 9 BLACK, CHRIST AND DEBOOM 8680 SW MCDONALD ST 2S 111 AA00500 10 PITMAN, JEFFREY AND ELIZABETH 8640 SW MCDONALD ST 2S111 AA00100 Attachment 5 July 30, 2007 NOTICE of PUBLIC HEARING Tuesday, August 14, 2007 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on August 14, 2007, at 7:30 pm at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Capital Construction and Transportation Division at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 718-2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 37 (SW 871h Court and Hall Boulevard). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 37 formed to install sewers in SW 87~h Court and Hall Boulevard. Each property owner's recommended fair share of the public sewer line is $1.94368 per square foot of the lot served as shown on the enclosed list. For owners with a fair share amount of $15,000 or less, the owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01- 46. In addition to paying for the first $6,000, owners will remain responsible for paying actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution No. 03-55. I:%enOt2006-2007 ty oipk87tb eve can sew mimb dirt 37Vna1ization\&41-07 mim disc 37 notice 3.doo Impression antibourrage et a sechage rapide ® www.avery.com D A Attachment 6 Utilisez le,gabarit 5961"c 1-800-GO-AVERY '.S102DD00809 2S102DD00801 :sARDNER RICHARD A BOGAN REGINALD & SUSAN HANSON !3940 SW 87TH CT PO BOX 230732 CGARD OR 97223 TIGARD OR 97281 ZS102DD00808, 2S102DD00812, 2S102DD00813 2S102DD00802 ,,URTIS FAMILY TRUST BOSSHARDT AURTHER A 15285 SW ALDERBROOK CT 13915 SW HALL BLVD 'E`IGARD OR 97224 TIGARD OR 97223 Aa3"-o9-008-t w..196S 31`dldW31 @Aj9Aly asn wA96S Q)AjJ3A / D wo:)-Aj9Ae-m 6ullulad eeal e6pnwS pue wed Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO.01- Y A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years-through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners-to-promptly-connect-to-sewers-once-service-is-available-and-that-owners-who have-paid-for-service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE LT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed.. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be'completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,600 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee; which is still payable upon application for RESOLUTION NO. 01-4-9 Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 PASSED: This day of 2001. ayor Ci of 'and ATTEST: 2 rL-L--k% - b Recorder - City of 'hgard I:\CiW%id Wm\R=1ution Revising the Neighborhood Sewer I--fi c hvgam RESOLUTION NO.01-Y(i Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN STMIYNo.9 4,506 No reimbursement available HILLV1EW ST No.11 8,000 July 11, 2003 106' & JOHNSON No.12 5,598 No reimbursement available 100' & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELANDHHERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARANo.17 8,000 July 11,2003 WALNUT & 121- No.18 - Amount to be reimbursed will be Throo years from service availability ROSE VISTA No20 determined once final costs are determined. Currently being constructed Attachment 8 CITY OF TIGARD, OREGON RESOLUTION NO. 03-_55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Councill that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO.03-.5 Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. ~l PASSED: This _ day of 2003. Craig E. Dirksen, Council President ATTEST: City Recorder - City of Tigard L%agVmoVeimwiwne.a dWriasVwL- NM 2 01-4e aup 2b 071od 14 03 oouMM10.14-m aWWon to .a t-a m.eoc RESOLUTION NO.03- Page 2 AGENDA ITEM No. 9 Date: August 14, 2007 TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) CONSIDER A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 37 SW 87h and HALL BLVD. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 9 Date: August 14, 2007 PLEASE PRINT / Pro onent - (Speaking In Favor O onent -(Speaking Against) .Alentral- un Name, Address & Phone No. Name, Address & Phone No. Lame~Addr hone No. , Uu v~l S l , ~ 97s Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. i Agenda Item # U Meeting Date August 14, 2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Public Hearing - Consider Requirement that All Chief Petitioners for a City of Tigard Initiative, Referendum or Recall Process be Electors of the City of Tigard Prepared By: Cathy WheadeW Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Conduct a public hearing to consider a requirement that all Chief Petitioners for a City of Tigard initiative, referendum, or recall process be electors of the City of Tigard. STAFF RECOMMENDATION Conduct public hearing and direct staff to prepare an ordinance for Council consideration on September 11, 2007, if Council supports and amendment to the Tigard Municipal Code. 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 referendum filed with the city shall be valid unless all chiefpetitioners 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 cirzulating a petition proposing an initiative for city legislation, the chiefpetitioners must file a prospective petition with the recorder. The recorder will provide the form showing: 1. The signatures, printed names and mailing addresses of at least one and not more than three chiefpetitioners, all of whom must be ybj 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. ■ Council discussed this matter during its June 26, 2007 study session. Highlights of this discussion are attached (Attachment 1). At the conclusion of this discussion the City Council members expressed support for requiring that Chief Petitioners be City of Tigard electors. ■ Council determined it would conduct a public hearing on the proposed Tigard Municipal Code amendment. OTHER ALTERNATIVES CONSIDERED Propose changes to the draft ordinance. CITY COUNCIL GOALS N/A ATTACHMENT LIST 1. Draft summary of discussion at the June 26, 2007, City Council Study Session regarding consideration of restrictions for Chief Petitioners for a City of Tigard measure. 2. Proposed ordinance. FISCAL NOTES N/A iladmtpacket'07%0708141chief petitionertmc amendment.doc Attachment 1 Summary of Tigard City Council discussion held on June 26, 2007 regarding a possible amendment of the Tigard Municipal Code requiring Chief Petitioners of an Initiative, Referendum, or Recall Petition to be residents or electors of the City of Tigard: ■ 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 Ramis 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 Ramis 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. i 1Aadm\cathybcmt2007\070626 - council discussion on chief petitioners on June 26 included the followin0.doc AGENDA ITEM No. 10 Date: August 14, 2007 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER REQUIREMENT THAT ALL CHIEF PETITIONERS FOR A CITY OF TIGARD INITIATIVE, REFERENDUM OR RECALL PROCESS BE ELECTORS OF THE CITY OF TIGARD Due to Time Constraints City Council May Impose A Time Limit on Testimony is\wlm\cathy\ciry w-61\caip.up\ph rc:amony . ()7081 Lchlcf pcrimnurs.d- AGENDA ITEM No. 10 Date: August 14, 2007 PLEASE PRINT Pro onent - (Speaking In Favor) Opponent - (Speaking A st Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # /I Meeting Date August 14, 2007 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Conduct a Public Hearing to Consider a Resolution Granting an Exemption from Competitive Bidding under Public Contracting Rule 10.110 for the Construction of the Hiteon Creek Riparian Enhancement Project and Awarding a Contract for this Project to Developer Douglas A. Fry Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: IssuE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board grant an exemption from competitive bidding under Public Contracting Rule 10.110 for construction of the Hiteon Creek Riparian Enhancement project and award a contract for this project to developer Douglas A. Fry? STAFF RECOMIMNDATION Grant the exemption and award the contract. KEY FACTS AND INFORMATION SUMMARY This exemption is being requested in order to allow the City to contract with Tigard Business Center developer, Douglas A. Fry, for the construction of the Hiteon Creek Riparian Enhancement project- The City had planned to construct this project in its entirety, but learned that the developer needed to perform wetland and stream mitigation as a result of his development at another Tigard location. The scope of the developer's mitigation was such that his work could easily be combined with the City's efforts on the Hiteon Creek project. By merging the City's project with Mr. Fry's wedand and stream mitigation, two things could be accomplished: Mr. Fry can meet his mitigation obli gations and the City can reduce its cost to construct the Hiteon Creek project. Public contracting rules require the following information be provided: ■ Nature of the Project The Hiteon Creek Riparian Enhancement project is a stream restoration project planned by the City of Tigard to meet culvert removal, outfall retrofitting, and community tree planting goals outlined in the regional Healthy Streams Plan. The scope of the project includes: - Restoration of 4.15 acres of vegetated corridor - Restoration of 697 feet of degraded stream channel - Restoration of .41 acres of Hiteon Creek wetland - Removal of two culverts - Retrofitting and treatment of stormwater - Construction of a boardwalk and bridge for discharging off Scholls Ferry Road pedestrian access ■ Estimated Project Cost The total estimated cost for the project is $176,354. ■ Description of Cost Savings Anticipated by Exemption and Reasons for Exemption from Formal Competitive Bidding Process The total estimated savings resulting from exemption would be $52,334. The contract with the developer would allow approximately 30 percent of the Hiteon Creek restoration site to be used as stream and wetland mitigation for the proposed Tigard Business Center located at the corner of 72nd Avenue and Dartmouth Street. Construction of the stream restoration project could best be accomplished as one contiguous project. This will ensure that the grading and replanting function properly over the entire site. Since Mr. Fry is obligated to make sure that standards for mitigation are met, it makes sense for him to have control of the project construction. Under Tigard Public Contracting Rule 10.110, the Local Contract Review Board may exempt a particular contract from formal competitive process requirements. Staff requests that the Local Contract Review Board grant an exemption in this instance, as this would allow the City to contract directly with Mr. Fry and would result in project cost savings. ■ Alternative Contracting and Purchasing Practices to Be Employed If an exemption is granted under Tigard Public Contracting rule 10.110, the City will contract directly with Mr. Fry to construct the Hiteon Creek Riparian Enhancement project. The contract will clearly state the contractor must follow Bureau of Labor and Industries Prevailing Wage Rate Law requirements, requisite for public improvement projects paid for with City funds. ■ Estimated Due Date Necessary to Let the Contract Permits for the project require construction within Oregon Division of State Lands and Corps of Engineers fish window restrictions for in-water construction. The allowed construction time period extends from July 1 to September 30, 2007. For this reason, the contract must be let no later than September 1, to ensure that in-stream work is completed before the deadline. Construction of this project is expected to take 14 to 20 days. . OTHER ALTERNATIVES CONSIDERED Tigard could construct the Hiteon Creek Riparian Enhancement Project and bear all costs associated with the project. CITY COUNCIL GOALS None ATrAcHmENT LIsr 1. Resolution Memorandum of Findings 2. Vicinity Map FISCAL NOTES Funding in the amount of $185,000 was appropriated in the FY '07/'08 budget. The estimated project cost is $176,354. Savings associated with the exemption are estimated to be $52,334, lowering the City's final cost to approximately $124,020. AGENDA ITEM No. 11 Date: August 14, 2007 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION GRANTING AN EXEMPTION FROM COMPETITIVE BIDDING UNDER PUBLIC CONTRACTING RULE NO. 10.110 FOR THE CONSTRUCTION OF THE HITEON CREEK RIPARIAN ENHANCEMENT PROJECT AND AWARDING A CONTRACT FOR THIS PROJECT TO DEVELOPER DOUGLAS A. FRY Due to Time Constraints City Council May Impose A Time Limit on Testimony a\amk.ny\y ~,dno@,\rn K:rimy - uiuaad.f aeo.a AGENDA ITEM No. 11 Date: August 14, 2007 PLEASE PRINT to onent - (Speaking In Favor) Opponent - (SpeakiU Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No., Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No_ Name, Address T Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.