City Council Packet - 02/26/2008
City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223
TIGARD
TIGARD CITY COUNCIL
MEETING
February 26, 2008
COUNCIL MEETING WILL BE TELEVISED
I:\Ofs\Don na's\Ccpkt3
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
City of Tigard, Oregon T41
Affidavit of Posting
TIG RD
In the Matter of the Proposed Ordinance(s)
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
being first duly sworn 4og4ifimwd), by oath
(or affirmation), depose and say:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number(s) ~/0 -0 3 , which were adopted at the City Council
meeting of 7~ 2 200 1C , with a copy(s) of said Ordinance(s) being hereto
attached and by refer nce ade a part hereof, on the
day of F,- , 20~.
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon
3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon
Signa e of Person who Performed Posting
Subscribed and sworn le-- €a ec1) before me this f9ptip-701y of
20
, Ole
OFFICIAL SEAL Signature of Notary ublic for Oregon
i JILL 4i RYARS
NOTARY PURL,(;-OREGON
COMMISSION NO.381793
MY COMMISSION EXPIRES JUNE 14,2W8
i:ledml-WhyV0"S%post ordinance 2006.doc
j? .
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 08-
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL
OF DECEMBER 18, 2007, AS AMENDED WITH RESPECT TO THE BOUNDARIES OF THE
TIGARD TRIANGLE LOCAL IMPROVEMENT DISTRICT (LID #1); DECLARING RESULTS OF
THE HEARING HELD WITH RESPECT TO THE IMPROVEMENT; DETERMINING THE
BENEFITED PROPERTIES TO BE ASSESSED; ESTABLISHING THE DISTRICT; ORDERING THE
IMPROVEMENTS TO BE MADE IN CONFORMANCE WITH PLANS AND SPECIFICATIONS
BEING PREPARED FOR THE IMPROVEMENTS AND DECLARING AN EMERGENCY.
WHEREAS, Resolution No. 07-75 was passed by the City Council of the City of Tigard at its regular meeting
of December 18, 2007, which described the boundaries of a proposed street improvement assessment district,
and which declared the Council intention to construct street improvements, including curbs, gutters, sidewalks,
streetlights, storm drainage facilities, sanitary sewers, street trees, undergrounding of any overhead utilities, and
appurtenances thereto, and to assess the costs for the improvements against the properties within the
boundaries which have been found to be specially benefited; and
WHEREAS, Resolution No. 07-75 set a public hearing on January 22, 2008, to hear remonstrances; and
WHEREAS, pursuant to the resolution, legal notice of the hearing scheduled for January 22, 2008, was given by
publication in The Times on January 10, 2008, prior to the hearing; and
WHEREAS, by the terms of the resolution a hearing was held at 7:30 p.m. on January 22, 2008 at the Town
Hall Meeting Room in City Hall located at 13125 SW Hall Boulevard in Tigard, Oregon for the purpose of
affording an opportunity to any parties affected by the proposal to make objections or remonstrances to the
proposed improvement. After hearing testimony, City Council directed changes to the proposed District,
directed that staff conduct a meeting with owners to described the changes and receive comments, and
continued the hearing to February 26, 2008; and
WHEREAS, on January 25, 2008, notices were mailed to owners of a meeting held on February 6, 2008. The
proposed changes were described and comments were received from the owners; and
WHEREAS, the Preliminary Engineer's Report has been revised accordingly. Previously proposed
improvements to SW Baylor Street and SW 69th Avenue south of Baylor Street along the frontage of tax lots
1900 and 2700 will not be included in the District. As a result, tax lots 2000 at the southeast comer of SW
Baylor Street and SW 70th Avenue and tax lots 1900 and 2700 at the southwest and southeast corner of SW
Baylor Street and SW 69' respectively, are no longer within the proposed District. At the owner's request, tax
lot 3290 on the west side of SW 68`s Parkway between SW Baylor and Clinton Streets has been removed from
the proposed district. The owner is in the process of developing the lot and will install frontage improvements,
including the planted median on SW 68th Parkway, as part of the requirements for a land use permit to develop
the site. In addition, the portion of the five lots on the west side of SW 69 h Avenue between SW Baylor and
Clinton Streets to be assessed for sanitary sewer improvements has been refined by including only the portion
of the lots provided with gravity service; and
ORDINANCE No. 08- 03
Page 1
. t
WHEREAS, written notice regarding the public hearing was given to all property owners in the proposed
assessment district ten or more days prior to the heating in accordance with TMC 13.04.040(b)(1)B; and
WHEREAS, the preliminary plans and specifications for the improvements, the estimates of the work to be
performed, and the probable costs of the improvements which each lot should pay were available to the public
at the meeting and prior to the meeting; and
WHEREAS, all objections and remonstrances presented prior to the hearing and at the hearing represent less
than 66 2/3% by property area within the improvement assessment district, and the percentage of
remonstrances is not a ban to further proceedings in the making of the improvements; and
WHEREAS, all proceedings to date have been in conformity with State Statutes, the Tigard Charter, Chapter
IX, §38, §39, and Tigard Municipal Code, Title 13, and all procedures were regularly and lawfully conducted.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Resolution No. 07-75 adopted by the City Council on December 18, 2007, and attached
and marked as Exhibit "A" is amended by revised Preliminary Engineer's Report, February
6, 2008 and shall be adopted as a part of this ordinance subject to any amendments set
forth in Sections 5 and 6 of this ordinance. The boundaries of the area henceforth to be
known as Tigard Triangle Local Improvement District #1, as described in the resolution,
are declared and fixed in accordance with the description.
SECTION 2: The City Council, having acquired jurisdiction to order the improvements to be made, does
hereby authorize the formation of the local improvement district and directs the Finance
Director to prepare the Preliminary Assessment Roll.
SECTION 3: The City Council further authorizes the acquisition of land as provided by State law and the
Tigard Municipal Code, and the construction of street improvements within the boundaries
of the Tigard Triangle Local Improvement District #1 in conformity in all reasonable
particulars with the plans and specifications being prepared for this LID.
SECTION 4: The estimated costs and expenses of the improvements to be assessed against the specially
benefited properties is $2,161,067.00. The estimated costs include the cost of construction
and installation of the improvements, advertising, legal, administrative, survey, engineering,
notice, supervision, materials, labor, contracts, equipment, inspections and assessment costs;
financing costs including interest charges; the costs of necessary property right-of-way or
easement acquisition and condemnation proceedings; attorney's fees and any other
necessary expenses.
SECTION 5: All lands situated within the boundaries described on the attached Exhibit "A" are
determined and declared to be a street improvement assessment district, and it is further
declared that each lot, part of lot and parcel of land within said boundaries will be specially
benefited by said improvements. The estimated cost is $2,161,067.00 for the
improvements. The project cost estimated to be $2,161,067.00 shall be assessed, according
to benefit, against all lands within the district. Benefit for the purposes of Tigard Triangle
LID #1 is hereby determined to be derived according to improving both the property's
ORDINANCE No. 08- 0,3
Page 2
ability to develop as set forth in the Comprehensive Plan and the Tigard Triangle Design
Standards for the City of Tigard, and the property's access to the improvements.
SECTION 6: The final costs of the improvements to be assessed shall be determined after completion of
all improvements and acceptance of the improvements by the City of Tigard. The final
methods of assessment shall likewise be determined after the improvements are completed
and accepted.
SECTION 7: The Tigard City Council finds that the Tigard Triangle LID #1 improvements are local
improvements of the character described in TMC 13.04.010(a) and ORS 310.140, and that
they therefore qualify for interim financing pursuant to ORS 223.235.
SECTION 8: Because this ordinance is necessary to request bids at a favorable time, construct the project
during favorable weather and timely complete the project, an emergency is declared to exist
and this ordinance shall be in full force and effect immediately on passage.
PASSED: By UlUxi 1 dx-o.-- vote of all Council members present after being read by number
and title only, this 26"'k-day of 41 2008.
4 4.
Carol A. Krager, Deputy City Recorder
APPROVED: By Tigard City Council this ;21"4 ay of r)--eka04- 2008.
Craig irksen, Mayor
Approved as to form-.
Attorney
2 G , O
Date
I:teng12007.2008 ty cipUlgard triangle lid - spechlt2.28-08 councirmuncll ordinance2008 - tigard ldangle lid 2.28.08.doc
ORDINANCE No. 08- 03
Page 3
is
'EXHIBIT A
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 07-:1
A RESOLUTION DECLARING COUNCIL'S INTENTION TO FORM A LOCAL
IMPROVEMENT DISTRICT (LID) TO IMPROVE CERTAIN STREETS WITHIN THE
TIGARD TRIANGLE IN THE CITY OF TIGARD.
WHEREAS, Specht Development, Inc. submitted a petition for the formation of a Local
Improvement District (LID) to construct improvements to the following streets within the City of
Tigard:
• SW 69th Avenue, between SW Dartmouth Street and SW Baylor Street
• SW Clinton Street, between SW 68th Parkway and SW 70th Avenue
• SW Dartmouth Street, between SW 68th Parkway and SW 70th Avenue (north side only)
• SW Baylor, from SW 701h Street to just east of SW 69th Avenue
• SW 68th Parkway, from SW Dartmouth Street to a point approximately 50 feet north of SW
Clinton Street (west side only) and a landscaped median extending from 150 feet to 350 feet
north of SW Clinton Street
• Sidewalks, ramps, curbs, signing and striping to support the proposed traffic signal at SW 68th
and SW Dartmouth Street; and
WHEREAS, the proposed improvements include upgrading the streets to full City street standards,
including sewer, storm drainage facilities, curbs, gutters, sidewalks, street trees, and undergrounding of
any overhead utilities; and
WHEREAS, the Capital Construction and Transportation staff prepared a preliminary evaluation
report, which was submitted to City Council for discussion and direction during the meeting of
February 28, 2006; and
WHEREAS, the preliminary evaluation report determined that the proposed LID appears feasible and
recommended that City Council take the next step-in the LID formation process by authorizing the
preparation of a preliminary engineer's report; and
WHEREAS, the City Council by Resolution No. 06-10 authorized the preparation of a Preliminary
Engineer's Report for the proposed LID; and
WHEREAS, the City retained the firth of Group Mackenzie to prepare the Preliminary Engineering
Report; and
WHEREAS, Group Mackenzie has completed the Preliminary Engineer's Report; and
RESOLUTION NO.07 -'t)
Page 1
WHEREAS, the City Council discussed the proposed LID, heard the pros and cons about the
proposed LID, and provided an opportunity for input by the initiators of the LID and other property
owners; and
WHEREAS, the Preliminary Engineer's Report concludes that the LID is feasible and recommends
that City Council proceed with the formation of the LID as proposed in the Report.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City Council hereby declares the intention to form a local improvement district
(LID) to improve the following streets within the Tigard Triangle in the City of
Tigard:
• SW 69th Avenue, between SW Dartmouth Street and SW Baylor Street
• SW Clinton Street, between SW 68th Parkway and SW 70th Avenue
• SW Dartmouth Street, between SW 68th Parkway and SW 69t'~ Avenue (north
side only)
• SW Baylor, from SW 70th Street to just east of SW 70th Avenue
• SW 68th Parkway, from SW Dartmouth Street to a point approximately 50 feet
north to SW Clinton Street (west side only) and a landscaped median extending
from 150 feet to 350 feet north of SW Clinton Street
• Sidewalks, ramps, curbs, signing and striping to support the proposed traffic
signal at SW 68th Avenue and SW Dartmouth Street
SECTION 2: The improvements will include street, storm drainage, sanitary sewer, sidewalk,
lighting, undergrounding power, telephone, cable, and other ancillary improvements
necessary to bring the streets up to full City standards. Basic construction will be
procured in accordance with City of Tigard construction contract procurement
procedures. Portions of construction, such as water, may be completed by public
utilities.
SECTION 3: The estimate of probable total costs of the improvements is between $2,300,000 and
$2,500,000.
SECTION 4: The proposed method of assessment shall be as follows:
a. Sani Sewer Lrnprovements
100% of costs on an Area Basis for lots that are not currently served
b. Sheet, Private Utilities and Storm Drainage Improvements
75% of costs on an Area Basis for all properties
25% of costs on a Frontage Basis for properties not previously improved along
SW 68th Parkway.
RESOLUTION NO.07 - -75
Page 2
r.
c. Sidewalk, _Street Trees, and Street Lighting
25% on an Area Basis
75% on a Frontage Basis
The proposed method of assessment is tentative and may be altered by the City at
the time of final assessment
SECTION 5: The public hearing to hear remonstrances shall be conducted during the City
Council meeting on January 22, 2008, at 7:30 p.m. in City Hall, Town Hall Meeting
Room, 13125 SW Hall Blvd., Tigard, Oregon.
SECTION 6: Proper notice shall be given regarding the time and date of the public hearing to
hear the remonstrances. This notice should include the streets in the proposed LID
and a brief description of the proposed public improvements.
SECTION 8: This resolution is effective immediately upon passage.
PASSED: This day of r Z. 2007.
c
Mayor City of Tigard
ATTEST:
ity Recorder -City of Tigard
i:\eng\2007-2008 fy cip\ogerd tden0le Ild - spec01\12.18.07 eouncM12.18.07 tdengle 8d tes.doc
RESOLUTION NO. 07 Page 3
City of Tigard
Tigard Business Meeting - Agenda (Revised 2/25/08)
Item No. 6 - PRESENTATION ON A NEW TUALATIN RIVER PEDESTRIAN BRIDGE NEAR 108"""
AVENUE has been removed from the agenda.
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE: February 26, 2008
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
ft
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 (MD - Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much lead
time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by
calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
Ciryof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of5
I- rz , q~ City of Tigard
Tigard Business Meeting - Agenda
Q(0 L!IDO'
7TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE/TIME: February 26, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
6:30 I'M
• STUDY SESSION
➢ Senior Center and Programming Update - Administration Department
➢ Annual Review of Annexation Policy - Community Development Department
➢ Oregon Housing Alliance Membership - Community Development Department and Executive Director
Janet Byrd '
➢ Amend Gas Tax Ordinance to Increase Collection Period - Community Development Department
• Ems' CUTIVE 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 Pn9
1. BUSINESS MEETING
1.1 Call to Order - City Council, Local Contract Review Board, and City Center Development Agency
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
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
Cityof'figard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 ofg
2. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
• Tigard Area Chamber of Commerce Representative
• Citizen Communication - Sign Up Sheet
• Follow-up to Previous Citizen Communication
3. CONSENT AGENDA: (Tigard City Council and City Center Development Agency) 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 December 11, 2007
3.2 Receive and File: Fifth Tuesday Meeting Notes from January 29, 2008
3.3 Local Contract Review Board:
a. Award Contract for the Construction of City of Tigard Entryway Monuments to Zink Commercial
Contractors and Authorize the City Manager to Execute the Contract
• Consent Agenda - Items Removed lorSebarate Discussion: Any items requested to be removed from the ConsentAgenda
for separate discussion 2vill be considered immediately after the Counal/City Center Development Agency has voted on
those items which do not need discussion.
4. UPDATE ON TIGARD YOUTH PROGRAMS (Library, Public Works and Police)
• Staff Report: Police Department
5. CONTINUATION (FROM JANUARY 22, 2008) OF A PUBLIC HEARING FOR A PROPOSED LOCAL
IMPROVEMENT DISTRICT (LID) IN THE TIGARD TRIANGLE AND CONSIDERATION OF AN
ORDINANCE TO FORM THE DISTRICT
An LID (Local Improvement District) is proposed to construct improvements to certain streets in the Tigard
Triangle. A public hearing was conducted on January 22, 2008 to provide an opportunity to any parties affected
by the proposal to make objections or remonstrances to the proposed improvements. After hearing testimony,
City Council directed changes to the proposed district, directed that staff conduct a meeting with owners to
describe the changes and receive comments, and continued the hearing to February 26, 2008.
A meeting with the owners was held on February 6, 2008 and was attended by 12 people representing five
owners within the proposed District, two owners proposed to be eliminated from the District and one
neighboring owner. The proposed changes were described and comments were received from the owners.
City Council will resume the hearing on February 26, 2008 to consider the revisions to the proposed LID and
to hear further testimony, if any. Following the hearing, Council will be requested to pass the ordinance forming
the modified LID. Modifications to the LID are:
• Previously proposed improvements to SW Baylor Street and SW 69`h Avenue south of Baylor Street along
the frontage of tax lots 1900 and 2700 will not be included in the District. Asa result, tax lots 2000 at the
southeast corner of SW Baylor Street and SW 70`h Avenue and tax lots 1900 and 2700 at the southwest and
southeast corner of SW Baylor Street and SW 69`h respectively, are no longer within the proposed District.
Letters from these two owners are attached.
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
Cityof "Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of5
• At the owner's request, tax lot 3290 on the west side of SW 68" Parkway between SW Baylor and Clinton
Streets has been removed from the proposed district. The owner is in the process of developing the lot and
will install frontage improvements, including the planted median on SW 68"' Parkway, as part of the
requirements for a land use permit to develop the site.
• The sanitary sewer boundary has been revised to include only the portion of the lots that can be reasonably
provided with gravity service.
Other issues raised at the hearing on January 22, 2008 involve the planted median on SW 68'" Parkway and the
improvements the north side of Dartmouth between SW 69''' and 70''' Avenues. These issues and responses are
as follows:
• Median on SW 68th Parkway - The median is required by the Tigard Triangle Design Standards and is
needed to avoid conflicting traffic from driveways once this owner's lot (tax lot 3290) on the west side of
SW 68th Parkway is developed. The eastern half of the street was completed without installation of the
median since it would have been nonfunctional at that time and difficult to maintain. The owner's concerns
are detailed in an attached letter from the owner's attorney. This development will be required to install the
median as part of the conditions of development. Hence, the median has been removed from the LID.
• Improvements to the north side of SW Dartmouth Street - The owner of a proposed development along
the north side of SW Dartmouth Street between SW 69th and 70th Avenues asked that he be permitted to
install the street improvements instead of being constructed through the LID. This development is under
a restrictive covenant to participate in future improvements to Dartmouth. The owner's approved land use
pernut does not require the owner to install the street improvements if they are not installed through the
LID. Staff recommends that this portion of the work remain in the LID because there are no means to
ensure timely completion of the work, if at all. In addition, the improvements are needed to align with
other proposed improvements to Dartmouth.
The Preliminary Engineer's Report has been revised to reflect the various changes. The total project cost range
is now between $2.0 and $2.3 million.
If Council decides to form the district, the next step in the LID process is for Council to approve the ordinance
establishing the LID. The ordinance includes declaration of an emergency to permit the project design to
proceed to completion without delay.
If the ordinance is approved, final plans and bid docurnents will be prepared and bids from contractors to
constrict the improvements will be requested. Construction is expected to begin in July 2008 and should be
completed in December 2008. Following construction and determination of final costs, City Council will be
requested to consider a resolution approving the methods of assessment and assessment to benefited owners, as
well as directing that a hearing be held to consider objections. Benefited property owners will be assessed their
share of the LID costs in accordance with the approved methods of assessments.
a. Continuation of the Public Hearing
b. Declarations or Challenges
c. Staff Report: Community Development Department
d. Public Testimony (Remonstrances)
e. City Council Discussion
f Close Public Hearing
g. City Council Consideration: Ordinance No. 08-
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of5
Item No. 6 has been removed from the agenda.
6. PRESENTATION NE-W T TAT e -rrN R ZE PEDESTRL04 -BRIDE N A v 1 no -AALENUE
b. Pf-esefitft6oft! City of Tualatin OffieiAs
l , :1 Diseussia
7. CONSIDER A RESOLUTION OF NECESSITY FOR BURNHAM STREET AND ASH AVENUE
IMPROVEMENTS
a. Staff Report: Conitnunity Development Department
b. Council Discussion
c. City Council Consideration: Resolution No. 08-
8. COUNCIL LIAISON REPORTS
9. NON-AGENDA ITEMS
10. El' CUTIVE 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.
11. ADJOURNMENT
I:\ I)N,I\(athy\C(:A\2008\080226 busincss.doc
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 5 of5
1
`VaQMDo'
City of Tigard
Tigard Business Meeting - Agenda (Revised 2/25/08)
Item No. 6 - PRESENTATION ON A NEW TUALATIN RIVER PEDESTRIAN BRIDGE NEAR 108'
AVENUE has been removed from the agenda.
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE: February 26, 2008
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
ft
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 Deao.
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much lead
tune 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 Deao.
SEE ATTACHED AGENDA
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tig-,rd-or.gov Page 1 of5
r~ City of Tigard
Tigard Business Meeting - Agenda
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE/TIME: February 26, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
6:30 I'M
• STUDY SESSION
➢ Senior Center and Programming Update - Administration Department
➢ Annual Review of Annexation Policy - Community Development Department
➢ Oregon Housing Alliance Membership - Community Development Department and Executive Director
Janet Byrd
➢ Amend Gas Tax Ordinance to Increase Collection Period - Community Development Department
• EZECUTIVE 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 I'M
1. BUSINESS MEETING
1.1 Call to Order - City Council, Local Contract Review Board, and City Center Development Agency
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
TIGARD CITY COUNCIL/LCRB AGENDA- February 26, 2008
Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of5
2. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
• Tigard Area Chamber of Commerce Representative
• Citizen Communication - Sign Up Sheet
• Follow-up to Previous Citizen Communication
3. CONSENT AGENDA: (Tigard City Council and City Center Development Agency) 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 December 11, 2007
3.2 Receive and File: Fifth Tuesday Meeting Notes from January 29, 2008
3.3 Local Contract Review Board:
a. Award Contract for the Construction of City of Tigard Entryway Monuments to Zink Commercial
Contractors and Authorize the City Manager to Execute the Contract
• Consent Agenda - Items Remoned for Separate Dist7wion. Any items requested to be removed from the Consent Agenda
for separate discussion will be consideivd immediately after the CoutwIl City Center Development Asenty has voted on
those items which do not need discussion.
4. UPDATE ON TIGARD YOUTH PROGRAMS (L.ibrary, Public Works and Police)
• Staff Report: Police Department
5. CONTINUATION (FROM JANUARY 22, 2008) OF A PUBLIC HEARING FOR A PROPOSED LOCAL
IMPROVEMENT DISTRICT (LID) IN THE TIGARD TRIANGLE AND CONSIDERATION OF AN
ORDINANCE TO FORM THE DISTRICT
An LID (Local Improvement District) is proposed to construct improvements to certain streets in the Tigard
Triangle. A public hearing was conducted on January 22, 2008 to provide an opportunity to any parties affected
by the proposal to make objections or remonstrances to the proposed improvements. After hearing testimony,
City Council directed changes to the proposed district, directed that staff conduct a meeting with owners to
describe die changes and receive comments, and continued the hearing to February 26, 2008.
A meeting with the owners was held on February 6, 2008 and was attended by 12 people representing five
owners within the proposed District, two owners proposed to be eliminated from the District and one
neighboring owner. The proposed changes were described and comments were received from the owners.
City Council will resume the hearing on February 26, 2008 to consider the revisions to the proposed LID and
to hear further testimony, if any. Following the hearing, Council will be requested to pass the ordinance forming
the modified LID. Modifications to the LID are:
• Previously proposed improvements to SW Baylor Street and SW 69`h Avenue south of Baylor Street along
the frontage of tax lots 1900 and 2700 will not be included in the District. As a result, tax lots 2000 at the
southeast corner of SW Baylor Street and SW 70`h Avenue and tax lots 1900 and 2700 at the southwest and
southeast corner of SW Baylor Street and SW 69`h respectively, are no longer within the proposed District.
Letters from these two owners are attached.
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of5
• At the owner's request, tax lot 3290 on the west side of SW 68`h Parkway between SW Baylor and Clinton
Streets has been removed from the proposed district. The owner is in the process of developing the lot and
willinstall frontage improvements, including the planted median on SW 68'h Parkway, as part of the
requirements fora land use permit to develop the site.
• The sanitaiy sewer boundary has been revised to include only the portion of the lots that can be reasonably
provided with gravity service.
Other issues raised at the hearing on January 22, 2008 involve the planted median on SW 68`h Parkway and the
improvements the north side of Dartmouth between SW 69" and 70`" Avenues. These issues and responses are
as follows:
• Median on SW 68th Parkway - The median is required by the Tigard Triangle Design Standards and is
needed to avoid conflicting traffic from driveways once this owner's lot (tax lot 3290) on the west side of
SW 68th Parkway is developed. The eastern half of the street was completed without installation of the
median since it would have been nonfunctional at that time and difficult to maintain. The owner's concerns
are detailed in an attached letter from the owner's attorney. This development will be required to install the
median as part of the conditions of development. Hence, the median has been removed from the LID.
• Improvements to the north side of SW Dartmouth Street - The owner of a proposed development along
the north side of SW Dartmouth Street between SW 69th and 70th Avenues asked that he be permitted to
install the street improvements instead of being constructed through the LID. This development is under
a restrictive covenant to participate in future improvements to Dartmouth. The owner's approved land use
permit does not require the owner to install the street improvements if they are not installed through the
LID. Staff recommends that this portion of the work remain in the LID because there are no means to
ensure timely completion of the work, if at all. In addition, the improvements are needed to align with
other proposed improvements to Dartmouth.
The Preliminary Engineer's Report has been revised to reflect the various changes. The total project cost range
is now between $2.0 and $2.3 million.
If Council decides to form the district, the next step in the LID process is for Council to approve the ordinance
establishing the LID. The ordinance includes declaration of an emergency to permit the project design to
proceed to completion without delay.
If the ordinance is approved, final plans and bid documents will be prepared and bids from contractors to
construct the improvements will be requested. Construction is expected to begin in July 2008 and should be
completed in December 2008. Following construction and determination of final costs, City Council will be
requested to consider a resolution approving the methods of assessment and assessment to benefited owners, as
well as directing that a hearing be held to consider objections. Benefited property owners will be assessed their
share of the LID costs in accordance with the approved methods of assessments.
a. Continuation of the Public Hearing
b. Declarations or Challenges
c. Staff Report: Community Development Department
d. Public Testimony (Remonstrances)
e. City Council Discussion
f. Close Public He=* ig
g. City Council Consideration: Ordinance No. 08-
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of5
Item No. 6 has been removed from the agenda.
A tL'T~TT TT'
T
. '}'I'I'zrc'Lt'PQ~
7. CONSIDER A RESOLUTION OF NECESSITY FOR BURNHAM STREET AND ASH AVENUE
IMPROVEMENTS
a. Staff Report: Community Development Department
b. Council Discussion
c. City Council Consideration: Resolution No. 08-
8. COUNCIL LIAISON REPORTS
9. NON-AGENDA ITEMS
10. El' ~CUTIVE 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.
11. ADJOURNMENT
I:\ADM\Cathy\CCA\20118\080226 busincss.doc
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 5 of5
City of Tigard
Study Session - Agenda
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE/TIME: February 26, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
6:30 1'M
• STUDY SESSION
➢ Senior Center and Programming Update: Administration Department
➢ Annual Review of Annexation Policy: Community Development Department
➢ Oregon Housing Alliance Membership: Community Development Department and Executive
Director Janet Byrd
➢ Amend Gas Tax Ordinance to Increase Collection Period - Community Development Department
See proposed Ordinance, attached.
➢ Administrative Items
o Updated information for tonight's meeting:
■ Agenda Item No. 2 - Chamber of Commerce President Meeks will not be present tonight.
Jeremy Monlux asked that you be reminded the Chamber is currently seeking nominations
for the shining stars event.
• Agenda Item No. 6 - City of Tualatin has determined that the 108`h crossing on the
Tualatin River would be cost-prohibitive and they do not intend to pursue this issue. As a
result, this item has been removed from the agenda.
■ Agenda Item No. 7 - Attached is an additional property map to be included in Exhibit A
o Urban and Rural Reserves Task Force - City Manager Prosser
o Is Council available for a joint Meeting with Metro on April 1, 2008? Council President Bragdon,
Councilor Hosticka and Councilor Harrington are interested in meeting with Tigard's Council on
April 1".
o Is Council available to have a Comprehensive Plan Update workshop on the first Monday in May
(May 5, 2008) in lieu of the April workshop that has been cancelled?
• 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.
TIGARD CITY COUNCIL STUDY SESSION AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 oft
Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited
situations (ORS 192.660). An "executive session"is defined as "any meeting or part of a meeting of a
governing body, which is dosed to certain persons for deliberation on certain matters."
Permissible Purposes for Executive Sessions:
192.660 (2) (a) - Employment of public officers, employees and agents,
If the body has satisfied certain prerequisites.
192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have
an open hearing).
192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital.
192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance-)
192.660 (2) (e) - Real property transaction negotiations.
192.660 (2) (f) - Exempt public records - to consider records that are "exempt by law from public
inspection." These records are specifically identified in the Oregon Revised
Statutes.
192-660 (2) (g) - Trade-negotiations - involving matters of trade or commerce in which the governing
body is competing with other governing bodies.
192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties
regarding current litigation or litigation likely to be filed
192.660 (2) o - To review and evaluate, pursuant to standards, criteria, and policy directives adopted
by the governing body, the employment-related performance of the chief
executive officer, a public officer, employee or staff member unless the affected
person requests an open hearing. The standards, criteria and policy directives to
be used in evaluating chief executive officers shall be adopted by the governing
body in meetings open, to the public in which there has been an opportunity for
public comment.
192.660 (2) 0) - Public investments - to carry on negotiations under ORS Chapter 293 with private
persons or businesses regarding proposed acquisition, exchange or liquidation of
public investments.
192-660 (2) (k)- Relates to health professional regulatory board-
192.660 (2) (i)- Relates to State Landscape Architect Board
192.660 (2) (m)- Relates to the review and approval-of programs relating to security.
Agenda Item # s' k lef J e`s-sy ~
Meeting Date February 26, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Tide Senior Center Remodel and Prro ammin Updates
~J rn n/
Prepared By: Loreen Nffs Dept Head Approval: / n v City Mgr Approval: C/~~ II U C
ISSUE BEFORE THE COUNCIL
Update for Council on Senior Center remodel and share first ever performance measurements from Loaves and
Fishes for the Tigard Senior Center.
STAFF RECOMMENDATION
Receive and File
KEY FACTS AND INFORMATION SUMMARY
Senior Center Operations Update - Senior Center building is undergoing a major remodel. The meal program portion
of the operation moved back into the building on Monday, February 18th. The rest of the programming will open in the
Center on March 31". Council will see pictures of the meal program in the remodeled building.
Senior Center Performance Measures - Loaves and Fishes, a regional senior nutrition and program provider, is under
contract with the City of Tigard to provide these services at the Tigard Senior Center. Tigard has partnered with
Loaves and Fishes since the mid-70's to provide these services. We continue a strong partnership to make Tigard a
better place for seniors to live with the program focus "no senior should go hungry or be socially isolated".
In our last contract update with Loaves and Fishes, Council required annual performance measure reports. The first
report was just received for the fiscal year 2006-07. This report will be reviewed with Council.
OTHER ALTERNATIVES CONSIDERED
N/A
CITY COUNCIL GOALS
N/A
ATTACHMENT LIST
N/A
FISCAL NOTES
N/A
Loaves & Fishes Performance Measurement
1' Annual Report
~ ~ ss1d~
Fiscal Year 2006/07
In 2006, Loaves & Fishes and the City agreed to jointly develop the:
■ method to monitor the performance of the Tigard Center's programs and service delivery; and
■ form of reporting.
Measurement % Change
FY 05/06 to 06/07
Number of participants attending meal program -6.5%
Number of minorities attending meal program -6.9%
Number of meals served + 10.5%
Number of volunteers +3%
Number of volunteer hours -7%
Number of participants using educational/recreational programming N/A
Lareen\H:\DOCS\Seuior Center\Performairce A4earurementr\06-07 FY Report To Coundl.Aoc
Agenda Item No. 6
Meeting of ??cloy / _ aDD
it
City of Tigard
Tigard Business Meeting - Minutes
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE /TIME: February 26,2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
• STUDY SESSION
Mayor Dirksen called the Study Session to order at 6:30 p.m.
Council in attendance: Mayor Dirksen, Councilor Sherwood, Councilor Woodruff & Councilor Buehner
Absent: Councilor Wilson
Staff in attendance: Community Development Director Coffee, Engineer Duenas, Assistant Community
Development Director Bunch, Risk Manager Mills, Deputy Recorder I-rager, Associate Planner Roberts (for
part of meeting)
Public: John Frewing
➢ Senior Center and Programming Update -
Risk Manager Mills updated Council on the status of the Senior Center remodel. She showed photographs
of Loaves and Fishes serving meals at the Center for the first time since the second week in September.
She noted that during the Senior Center remodel the meal program has operated out of the American
Legion building. Councilor Woodruff said the City should commend the American Legion for their
assistance.
Ms. Mills reviewed kitchen and dining room improvements and said it will now be much easier to make
scratch foods with the new equipment. She said there is also a new cook whose menu includes fresh herbs
from the garden and will improve food taste and quality.
Risk Manager Mills said that for the first time, performance measures were developed when the lease
was renewed with Loaves and Fishes. She shared the first performance measures report, noting that
numbers were down for seniors eating at the center but up overall due to Meals on Wheels delivered. She
said it would take awhile to rebuild program numbers. She noted a decrease in Asian and Hispanic
users, saying this was a concern for Loaves and Fishes that will be addressed with targeted
outreach to these populations.
Ms. Mills said educational programming and volunteer hours are expected to increase. She noted one
thing that did not work well was having only one person to direct daily operations as well as plan programs.
She said in response to this, Loaves & Fishes has hired a part time programming director. Other activities
and programs at the Center will return by the end of March. There will be a grand re-opening in April.
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of13
Ms. Mills said Phase 2 of the remodel should begin this summer. She discussed the Community
Development Block Grant (CDBG) award which will pay for a new library in the front of the building and
a garden room and covered vestibule area in the back. She said there would be a deck off of the dining
room so seniors can also eat outside looking over the greenway and gardens. She said this will be an
attractive feature for room rental users as well.
➢ Annual Review of Annexation Policy
Assistant Community Development Director Bunch gave the annual review of the City's annexation policy
and said staff is recommending that Council extend the current policy. He said if Council concurs, staff
will prepare a resolution extending the current policy and associated incentives, which include waiving
annexation application fees and phasing-in of increased property taxes over a three- year period.
Mr. Bunch recounted actions taken by staff to implement Resolution No. 07-13, which established policy to
guide City actions pertaining to annexation of unincorporated areas. He said staff 1) Sent out annexation
invitation letters; 2) Contacted owners abutting or near the City limits who have expressed interest in the
past; and 3) Updated web pages to contain a link to the annexation page, which has further links to the City
of Tigard's Resolution 07-13, Metro information on annexation and boundary changes, Washington
County, and Oregon Revised Statues Chapter 222. He said staff had originally planned to meet with
neighborhoods or small groups expressing interest in annexing to Tigard; however, there were no such
requests.
Assistant Community Development Director Bunch said these efforts did not result in as much annexation
activity as anticipated. Councilor Sherwood suggested that getting a few people started would influence
others in their neighborhood.
Mayor Dirksen said he expected more but did not expect a big rush. He said what the City has done with
this outreach effort is to inform people of Tigard's policy. He said people may not wish to annex now, but
as their circumstances change they might consider annexation at a later date.
Councilor Woodruff recommended sending letters again noting that the City has extended last year's offer.
Mayor Dirksen agreed and requested that the letter just be a follow-up letter and not include all the details.
Councilor Buehner asked if Tigard would be annexing to the center line on Beef Bend Road. City Manager
Prosser said they were. She also asked about transferring jurisdiction to Tigard from Washington County
for Bull Mountain Road right-of-way to at least 135`h Avenue. Engineer Duenas advised that
full improvements on this street have not yet been made and questioned if the City wants to take this on.
Community Development Director Coffee said this could be considered in the long range planning as part
of the Capital Improvement Plan. Mayor Dirksen suggested that Council would need to discuss this at a
strategic planning session as they would need time to digest this information.
➢ Oregon Housing Alliance Membership
Associate Planner Roberts said that at a Council meeting last month, membership in the Housing Alliance
was discussed and questions were raised about their decision-making process that staff was not fully able to
respond to. He said he invited a representative to speak to Council and answer questions they may have as
they consider membership in this organization. He introduced Amy Fauver, representing the Housing
Alliance.
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of13
Ms. Fauver described the Housing Alliance as a statewide coalition of 62 cities, counties and non-profit
organizations whose primary goal is to increase state resources for affordable housing. She said it is a
modified consensus-based organization with each member having one vote. She said "modified
consensus" means that if an organization vetoes a proposal they have to agree to work in some format
with the organization that proposed it. She said this does not always produce a solution but it does stop
members from randomly vetoing things. She said the Housing Alliance steering committee provides
recommendations for legislative items.
Councilor Woodruff asked if they participated in any activities not related to the legislature. Ms. Fauver said
they did not. In response to a question from Councilor Woodruff about whether most of their revenue
goes towards lobbying, she said the vast majority of the dues amount pays for lobbyists.
Councilor Sherwood recommended joining the Housing Alliance, saying, "We have to be united to get
anything done with affordable housing."
Mayor Dirksen suggested that because this was. a new membership for Tigard, the City could offer a
percentage of the $500 requested dues for the first year and become a provisional member. Councilor
Buehner said $500 was a very small and reasonable amount. Councilor Woodruff concurred and Council
agreed to join the Housing Alliance.
➢ Amend Gas Tax Ordinance to Increase Collection Period - Community Development Department
City Engineer Duenas briefed Council on a proposed ordinance to increase the collection period for the
City gas tax. Councilor Sherwood asked if the City had talked to ODOT saying, "This is a State highway.
Tigard came up with $5 million and is $1 million short. Is there any way you can help us? We're putting a
lot of money towards your intersection." Engineer Duenas said ODOT had not been contacted.
Councilor Sherwood noted that ODOT came up with an additional $500,000 for the Hall Boulevard
intersection.
Councilor Woodruff asked why this is being done now. City Engineer Duenas said this was one of
Council's goals and the direction was to do it sooner rather than later. Mayor Dirksen said another reason
to do it soon is that when the City goes for bonding for the project, the City needs to show up
front that there is a dedicated fund source. City Manager Prosser said current projections are that
Tigard will not raise the money needed in the current gas tax time frame so there is no way to get
bonding for the project as we are building it in two years but collecting money for five years.
Mayor Dirksen suggested writing a letter to the local area ODOT representative asking them for assistance
outright. Community Development Director Coffee said Council has the options to try other
things before making a decision on extending the gas tax.
Engineer Duenas said he would have a better idea of the actual cost of the design in April. Community
Development Director Coffee asked about the Highway Commission. Councilor Sherwood suggested
face-to-face meetings with ODOT representatives as well. Council decided to talk to ODOT before going
ahead with the gas tax extension.
➢ City Manager Prosser had some administrative items:
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page .3 of13
Tigard Chamber of Commerce is asking for nominations for their Shining Stars awards. Council said they
will nominate on an individual basis.
The City of Tualatin asked that Agenda Item No. 6 be pulled as the bridge cost is twice what they thought
it would be and they are not interesting in building it at this time.
Washington County is putting together an Urban and Rural Reserves Task Force which will include all city
mayors. Mayor Dirksen is unable to attend these meetings. Councilor Buchner will attend for him and
asked to be placed on the e-mail list for meeting reminders.
Metro President Bragdon and Councilors Hosticka and Harrington are able to meet with Tigard Council on
April 1, 2008. City Manager Prosser asked if Council could attend and they all agreed they could.
Staff requested that Council schedule the first Tuesday in May for a Comprehensive Plan Workshop as the
regular April Workshop meeting will not be held (because Council will be attending a joint meeting at Lake
Oswego on April 15, 2008.) Council agreed to this first Tuesday meeting in May.
Study Session recessed at 7:22 p.m.
• EXECUTIVE SESSION: Not held
7:30 PM
1. BUSINESS MEETING 7:33:25 PM
1.1 Mayor Dirksen called the City Council and Local Contract Review Board Meeting to order at 7:33 p.m.
1.2 Deputy Recorder Krager called the roll.
Name Present Absent
Councilor Wilson ✓
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Buehner ✓
Councilor Sherwood ✓
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports - None
1.5 Call to Council and Staff for Non-Agenda Items - City Manager Prosser said Agenda Item No. 6
was removed from the agenda at the request of the City of Tualatin.
2. CITIZEN COMMUNICATION
City Manager Prosser said the Chamber of Commerce representative was unable to attend but requested an
announcement be made that the Chamber is accepting nominations for Tigard Shining Stars. He said if anyone
is aware of a Tigard citizen who has made an extraordinary contribution to the community they should contact
the Tigard Chamber of Commerce to obtain a nomination form.
Citizen Communication - No one had signed up to speak on an item not on the agenda. Mike Stevenson
signed up but said he wanted to speak on Agenda Item No. 7.
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of13
Follow-up to Previous Citizen Communication - None.
3. CONSENT AGENDA: (Tigard City Council)
3.1 Approve Council Minutes for December 11, 2007
3.2 Receive and File: Fifth Tuesday Meeting Notes from January 29, 2008
3.3 Local Contract Review Board:
a. Award Contract for the Construction of City of Tigard Entryway Monuments to Zink Commercial
Contractors and Authorize the City Manager to Execute the Contract
Councilor Woodruff moved to approve the Consent Agenda. Councilor Sherwood seconded the motion and
all voted in favor.
4. UPDATE ON TIGARD YOUTH PROGRAMS
Police Officer Huiras introduced this agenda item which highlights the many programs provided by the City for
youth in the Tigard area. She said there were three City departments that provide youth services: Library, Police
and Public Works.
Library Youth Services Supervisor Carlisle gave a synopsis of programs offered by the Tigard Public Library for
children of all ages - ranging from babies, who have sign language classes - to teenagers, who have their own
programs as well as the opportunity to volunteer at the library themselves.
Acting Parks and Facilities Manager Martin gave a presentation on what the Public Works Department provides
for the City's youth, including playgrounds, softball, baseball and soccer fields, as well as open turf play areas
(wide grassy areas for kids to play in). He said he receives more comments on the trails than any other feature
in Tigard's parks. Mr. Martin listed many jointly sponsored programs including soccer leagues, Little League,
July 4`h Fireworks, Holiday tree lighting, the Tigard Balloon Festival and the dog park Halloween costume
contest.
Mayor Dirksen said he is a judge at the Halloween dog costume party and said it is a great event.
Officer Huiras discussed the many programs offered by the Police Department for Tigard youth. She said the
Drug and Alcohol Resistance Education (D.A.R.E.) Program is in every public school plus two private schools
and has been ongoing for fifteen years. She said six weeks of free D.A.R.E. summer camp is made available to
fourth, fifth and sixth-grade students and is a great mentoring opportunity for high school and college-age
volunteers.
She mentioned a new program called Tigard Organized Great Activities (T.O.G.A.) which gives students
structured activities, daily speakers and time for homework after school. She noted that research has shown
more kids become crime victims between the hours of 3 and 8 p.m. than at any other time of day.
Officer Huiras described the Tigard Peer Court which hears about 100 cases a year. She said this was a very
good education for the kids going through the program as well as an opportunity for students to volunteer. She
said Tigard has been running Peer Court since 1997 and has only a 2% re-offend rate. She said it gives students
a second chance instead of going to the traditional juvenile justice court.
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 9 of13
She also mentioned the Tigard Youth Advisory Council (TYAC) which is made up of middle and high school
students. She said the TYAC puts on positive recreation activities for kids such as movie nights and
workshops. A program for middle school youth is the GREAT (Gang Resistance Education and Training)
Program taught by five Tigard police officers. Also offered are self-defense classes which are taught as part of
the Tigard High School health class curriculum.
Officer Huiras said programs they would like to implement are mentoring programs for elementary, middle and
high school age children and a Big Brother - Big Sister Program for youth and adults who want to get involved
in mentoring youth. She said they would like to present monthly activities such as bowling, ski trips, movies,
pizza, laser tag, etc. Officer Huiras said there is always a waiting list for summer camps so they would like to
have additional camps as well as after-school programs. She said there is currently only one after-school
program (at Twality Middle School) and they would like to increase it to include all the schools.
She said she had a few big dreams for the future which include working together with Tigard churches,
organizations, and businesses to build a Tigard Youth Community Center.
Councilor Buchner said she noticed that programs are focused at Tigard High but some residents attend
other high schools, such as Tualatin or Southridge. Officer Huiras said the TYAC works closely with Tualatin
YAC. Library Youth Services Supervisor Carlisle noted that some of their patrons come from these other
schools as well.
Councilor Sherwood thanked them for their presentations. She thanked Officer Huiras for her tireless work
obtaining grants for these youth programs.
Councilor Woodruff noted that this Council meeting focused on programs for seniors in the Study Session and
now youth programs had been presented and he was glad there Tigard had offerings for all ages.
5. CONTINUATION (FROM JANUARY 22, 2008) OF A PUBLIC HEARING FOR A PROPOSED LOCAL
IMPROVEMENT DISTRICT (LID) IN THE TIGARD TRIANGLE AND CONSIDERATION OF AN
ORDINANCE TO FORM THE DISTRICT
Mayor Dirksen opened Public Hearing for the Tigard Triangle LID which was a Continuation of the Public
Hearing from January 22, 2008, at 8:01:35 PM
City Attorney Ramis asked if there were any declarations from Council or Challenges from the public about
Council's ability to hear this issue. There were none. Mayor Dirksen asked for the staff report.
City Engineer Duenas gave the staff report noting that the City Council conducted a Public Hearing on January
22, 2008 and directed staff to make some boundary revisions and changes. This staff report is on file in the City
Recorder's office. He said it also gave staff an opportunity to hold a meeting with the neighborhood to discuss
these revisions.
Engineer Duenas showed a PowerPoint presentation of the original LID Boundary map which involved more
lots. He said the modifications eliminated the half street on Baylor, revised how sewer could be served to the
lots, and pulled back by 100 feet the boundary on 69" Avenue. He said the Arnell property, which is under
development now, was removed from the LID boundary because they will make the improvements including
the median on 68th Parkway. He said the preliminary engineer's report has been revised to reflect those
changes. He noted that part of the rationale for an emergency provision is to complete this project this year.
He said improvements include full street improvements, storm drains, sidewalks, curbs, street lighting and street
trees along the west side of 68''', Dartmouth Street to 100 feet of Clinton.
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 6of13
Councilor Buchner asked what the original cost was. Engineer Duenas said the original estimate was $2.4
million dollars and it was reduced by $300,000.
Mayor Dirksen opened the hearing to public testimony.
TESTIMONY IN FAVOR:
Tim Roth, 12600 SW 72"J Avenue, #200, Tigard OR said he owns property in the District as well as inside the
Tigard Triangle. He said he was speaking in favor of the LID but wanted to bring up some housecleaning
issues. He questioned why the engineering drawings show sewer laterals extending into two properties that
desired not to be included in the District. Engineer Duenas pointed out that there were no sewer laterals into
those properties and what Mr. Roth was looking at was storm drain lines. Mr. Roth said he misinterpreted the
lines drawn on the Street and Utilities Improvement drawing.
Mr. Roth brought up another point regarding the median which was part of the original LID in 1994. He said
68`x' has been developed over the years with several different development projects to the south of Dartmouth
and apparently there was not an opportunity to condition those to include the median. He said he is encouraged
that City leadership has included the median design in this new LID and hoped there would be an opportunity
to extend this median all the way from Dartmouth to Hampton in the future.
Mr. Roth referred to the PowerPoint slide showing the new district boundary delineation. He pointed out a spot
near Dartmouth Street and 69`'' showing a section previously improved with a development which included a
planter strip. He said the new LID design shows full sidewalks with tree grates, extending all the way to the
curb. He said the flaw is that this one section of street will have a small planter strip inconsistent with the rest
of the District. He said he used this as an example that when the City forms a local improvement district over a
large area, they should use this type of tool to get a complete and consistent street and sidewalk design.
TESTIMONY IN OPPOSITION:
8:17:28 PM Marzie Salarie, 19432 Wilderness Drive, West Linn, OR 97068 said she owned property Tax Lot
#7601 and is opposed to the cost. She said she would end up with most expensive piece of property and
cannot take on an additional $800 a month. She said if there was a way to lower the cost to property owners she
could support the development.
Mayor Dirksen said at the end of the testimony Mr. Duenas would address ways to defer or reduce these costs.
He said equitable costs are something that should be considered.
NEUTRAL TESTIMONY:
Julie Wagar, 10160 SW Hillview Street, Tigard OR 97223 said she was representing her mother-in-law who
owns Tax Lot #2000 on 69`h Avenue and Baylor, which was removed from the original LID boundary. She
read a letter from her which reads, "I am Kaneko Wagar, owner of the Lot number TL2000 on Baylor Street. I
am here to support the proposed modified LID that would exclude the Baylor Street properties which include
my property at this time. We have owned the Baylor Street property for about 30 years and do not want to
develop it at this time. Until such a time as more of the area is commercialized, the existing conditions of
Baylor Street more than meet the needs of the residential area. Exclusion from this LID is fair for the Baylor
Street residences and will save us from bearing the expense of an improvement that would someday have to be
partially torn out and redone when a later full Baylor Street improvement does occur. Thank you for your
consideration." She said, "Now that we are pretty much cut out of the loop we don't have to worry too much,
anymore." Ms. Wagar commented that she was not notified of the February 6, 2008 meeting. Engineer
Duenas reiterated that only those affected by the revised LID were notified. Attorney Ramis requested a copy
of her letter for the record.
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 7of13
John M. Kearney, 2508 NE 24"" Avenue, Portland, OR 97212 said he is a member manager of Dartmouth
Town homes LOC on Dartmouth between 69th and 70`h said he viewed this in a few ways but was neutral. He
said he is all for beautifying the neighborhood. He said that as a developer that would only help his property
values when they sell. But he said the street widening is a problem. He said their property was purchased a few
years ago fully improved around the perimeter and now they are going to have to widen the street by eleven feet
to accommodate more traffic. Most of that traffic will come from up the hill from Specht properties. He said
they view this as their land is being taken from them and they have to pay for it so someone else can benefit.
Mr. Kearney said he had ideas on how to pay for this, one idea being that they, as developers, go ahead and take
care of this. But he said he read in the agenda that it will not be the case as City staff recommended that they
not be allowed to do this. Yet someone else on 68th Avenue is a developer and they are allowed to take care of
it. He questioned the equality of this. Other ideas he suggested to help pay for the widening are the City's gas
tax, reducing property taxes for a ten-year period for any residential properties adversely affected by this LID.
He also suggested a use-based rather than just a linear or square footage-based way of paying for this portion
because it does benefit the entire city, rather than just their property. He noted that they were required to take
part in a signalization study and wound up having to pay for 1-2% of the new signals going in on 68`h and 72°d
Streets. He said, "That is a fair way to determine who should pay for the street widening. Who's going to be
using it.
8:24:34 PM John Coon & Mary Olsen, 6940 SW Baylor, Tigard, OR Mr. Coon said they testified at the last
public hearing and thanked Council for taking their comments into consideration. He said they recognize this is
a temporary delay and they'll have to face development in the future. He noted that the specifications for the
Tigard Triangle were written prior to global warming concerns and he asked that Council consider keeping
flexibility in the plans to allow for more tree protection. He said that new growth trees will not fill in for the
removed old growth trees.
Mary Olsen asked Engineer Duenas to queue up the PowerPoint to the aerial view slide. She said their lot still
has many trees and that is what the area looked like before. She said she is very attached to the trees and
requested that the developers not fell them. She said there were old-growth trees and if the new sidewalks
cannot be curbed without removing them, she requested they at least not be not be felled by the technique used
recently. She said the developers cut them and let them drop which felt like an earthquake and caused structural
damage to their home.
8:28:22 PM Mayor Dirksen said Ms. Olsen brought up a good point and it could be a financial disadvantage to
developers if their felling techniques did cause damage to her property.
He asked if there was anyone else present who did not sign up but who wished to comment.
Todd Fillis, Sternberg Limited Family Partnership on 9316 SW 12th Drive said his property was right in the
middle of the Specht development. He said he had concerns about the project cost. He said if there was some
consideration that they could get a break on taxes or building fees because that would encourage them to get
their property developed. Councilor Sherwood asked if he was planning on developing. Mr. Fillis said they
were looking to develop but this LID really adds to that cost.
City Manager Prosser said that low cost financing can be made for LID assessments and this is one option
available. Mayor Dirksen asked if there was an opportunity for deferment. City Manager Prosser said that we
can make low-cost financing available for assessments. The term of the period depends on the financial markets
and has been no more than ten years in the recent past. He said there is a program through the State
Department of Revenue for properties owned by seniors, where the assessment is paid for the owner up until
the property changes hands.
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 8 of13
Mr. Fillis asked if permitting and development fees could be lowered as a way to encourage development.
Engineer Duenas pointed out that Mr. Fillis can't develop without having sewer and their development would
be required to put in sewer plus a half street extension. He said, "What this does is provide an opportunity to
spread that cost among all the properties."
8:32:09 PM Mayor Dirksen asked if anyone else wanted to speak. No one did. He asked Engineer Duenas if
he had responses to any questions heard tonight. Mr. Duenas noted cost concerns were expressed. He said the
City needs to let the "chips fall where they may" concerning coming up with fair assessments based on that
methodology. He said if Council wanted to do something over and above that they could. He said assessments
could be held off until the properties are developed but the City would end up paying. He said that when the
City uses a methodology they have to do so fairly and across the board and once the true numbers, including
actual construction costs are known, then that discussion could be held. But in the meantime, he advised, the
costs are based on estimates.
Mayor Dirksen said there could be an opportunity when LID's are finalized for Council to make adjustments as
they see appropriate.
Councilor Sherwood asked, "If that was done would there be alien placed on the property?" City Manager
Prosser said that when the final assessment is spread, alien is placed on the property. He said if Council
decides to subsidize any of the assessments, he presumes the general fund would be tapped to do that and any
lien would be lowered by that amount. He said there would be no way to recover the cost at that point.
Councilor Sherwood said she wanted to make sure Council understood that because there is sometimes an
expectation that there is a pool of money to draw from to do these things but it doesn't pencil out.
Councilor Woodruff told staff he appreciated the work they did since the last public hearing. He said staff was
responsive to citizen concerns. He said it looked like a lot of work had been put into it to make sure it was as
fair as possible so the people that will benefit the most from it will cover more of the costs. He noted that the
concerns expressed tonight were mostly about cost and that no one else was saying they wanted to be removed
from the District. He said this had been on the agenda for a long time and he recommended moving ahead now
and talking Later on about some of the costs.
Mayor Dirksen complimented staff on their responsiveness to the public concerns and the level of flexibility
created to make this more equitable to everyone that will be impacted. He said, "We've all learned a couple of
lessons as a result of this process regarding public outreach that will benefit us in the future."
Councilor Sherwood asked Engineer Duenas about the Dartmouth Town homes property and whether it has
been ruled out that they cannot do the improvement themselves.
Engineer Duenas said, "We decided they needed to be included in the LID because we don't have any leverage
otherwise to get them to do it. He said they signed a restrictive covenant that they would participate in any
improvements to the streets." He said they bought the property knowing that the street was going to be
widened at some point.
Councilor Buchner said, "The prior property owner already paid when Dartmouth was widened last time.
Somehow it does not seem fair - the land is being taken away from them and they're being asked to participate.
The point is that this street already had major improvements and it was in the purchase price. They're paying
twice at least for a portion of the development and we should at least discuss this."
Mayor Dirksen said there is an opportunity to consider a different assessment based on land use rather than
square footage to reduce the impact on residential development. He said, "We could consider it now but that
would delay the LID. We could also consider it at the point the LID is finalized and look at the assessment
with the real numbers." Councilor Buchner asked for this to be put on the agenda so it is not forgotten.
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 9 ofD
Attorney Ramis remarked that with this action tonight Council would be adopting the formula with the
Ordinance. He said, "So what you would be considering in the future, when you have all the costs in, is really
whether the City is going to participate further. You wouldn't be considering shifting the costs to other
property owners at that time. That issue is being decided tonight."
8:41:56 PM Mayor Dirksen closed the Public Hearing at 8:41 p.m.
He asked if there was any discussion by Council prior to their consideration of Ordinance No. 08-03.
Councilor Sherwood moved and Councilor Buchner seconded the motion to adopt Ordinance No. 08-03.
Mayor Dirksen asked Deputy Recorder Krager to read the number and title of the Ordinance.
ORDINANCE NO. 08-03
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF
DECEMBER 18, 2007, AS AMENDED WITH RESPECT TO THE BOUNDARIES OF THE TIGARD
TRIANGLE LOCAL IMPROVEMENT DISTRICT (LID #1); DECLARING RESULTS OF THE HEARING
HELD WITH RESPECT TO THE IMPROVEMENT; DETERMINING THE BENEFITED PROPERTIES TO BE
ASSESSED; ESTABLISHING THE DISTRICT; AND ORDERING THE IMPROVEMENTS TO BE MADE IN
CONFORMANCE WITH PLANS AND SPECIFICATIONS BEING PREPARED FOR THE IMPROVEMENTS.
A roll call vote was taken and the ordinance passed unanimously by a vote of all Council present.
Name Yes No
Councilor Wilson Absent
Councilor Woodruff y
Mayor Dirksen y
Councilor Buchner y
Councilor Sherwood y
Item No. 6 has been removed from the agenda at the request of the City of Tualatin.
l~L'DESIJ
d. ON V 1 J NEW 1 V 1 IJ~L 1 111 V 1\1 V l\ 1 LLL PRESENTATION ON A TT T A T A TIN D TC E TD I A N BP TE)GE NEAR ~ f1Q~ AVENUE
b. Presentation: City of Tttalfttin Offieials
7. 8:44:07 PM CONSIDER A RESOLUTION OF NECESSITY FOR BURNHAM STREET AND ASH
AVENUE IMPROVEMENTS
Mayor Dirksen asked for the staff report. Engineer Duenas said the City is moving ahead with the Burnham
Street project which has to be coordinated with the Fanno Creek Park and Plaza plan. He said the City is now
at the point where it needs to be as efficient as possible in acquiring the property necessary to move ahead with
under grounding utilities this summer. He said this Resolution of Necessity provides the City Manager some
latitude in negotiating and signing agreements and is also a way for Tigard to be as efficient as possible in
acquiring necessary right-of-way. He said staff met with the City Attorney to ensure proper steps are being
followed and this Resolution allows the City to move ahead with condemnation if necessary. He said he hoped
that would not be necessary but there are some indications that in some cases it might be.
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 www.tigard-or.gov Page 10 of13
Councilor Sherwood asked if the property owners think the value is not correct or is it that they are against the
project. Engineer Duenas said he was not sure that they were against the project. He said there was some
indication that attorneys were being retained. He said, "We can't move ahead with eminent domain without the
Resolution in place."
City Manager Prosser said, "At this point we don't know what we will run into. We have strong commitments
to start this project this summer. The City's strong preference is to obtain these parcels from willing sellers and
the City will make every effort to do so. In the case that it is not possible, this will give us the power to start
with condemnation.
Mayor Dirksen said he understood that there are tax benefits to property owners who are required to sell their
property for right-of-way under threat of condemnation.
City Attorney Ramis agreed, saying that with passage of the Resolution opportunities are then created for the
City to make that part of the negotiation.
Mayor Dirksen noted that this was not a public hearing but one person had signed up to speak on this topic so
he asked Council's indulgence in allowing Mr. Stevenson to speak.
8:48:12 PM Mike Stevenson, 9040 SW Burnham Street, Tigard, OR said he has owned and operated B & B
Print Source for 21 years and that he provides good paying jobs for 72 employees. He expressed concerns
about this Resolution being premature because property owners do not yet know what they'll be offered. He
said, "We should have been given an offer a long time ago. He said he understood that the City was eager to
start the project but by hurrying this property owners were being put into a bind He said, "My property is
being affected in many ways including the Burnham widening and Ash widening. But you're also making offers
for the back portion of my property for the Fanno Creek Park and an addition one that I'll have to be looking
at when you decide to do the festival street. That festival street will go through my parking lot and basically put
me out of business in that location. Eventually you would be interested in placing housing on my property and
that would force me to move. You are limiting my ability to expand my business. If I move the business, I'll
end up with a worthless piece of property to rent out. You are also limiting my ability to do my job as a
printing business. The City has forgotten the effects this has on existing businesses."
Councilor Woodruff asked if the City had made offers to anyone yet.
City Manager Prosser said, "No. This is the start of the process and it lays out some of the mechanics in terms
of what I can authorize. So the fact that you haven't received an offer yet doesn't mean that we're not going to
come and work with you to try and proceed through a willing seller program. We will be trying to work out a
deal that works for both of us."
Engineer Duenas mentioned that part of the process of making an offer is getting an appraisal and the
appraisers have been very busy. We're working hard to get the legal descriptions to them so they can complete
the appraisals.
Councilor Buchner asked when this was going to happen. Engineer Duenas said, "We have started the process
already. Councilor Buchner: said she was concerned about the right-of-way purchases being completed this
fiscal year. Engineer Duenas said they are getting the appraisals done as fast as possible and have made some
offers. Councilor Buchner said that was different than what was said earlier. Mr. Duenas said he did not say
they had not made any offers. He said there were 22 properties and he believed offers had been made on 7-8 of
them. He said there had been a difficulty with some properties regarding obtaining easements from PGE and
other utilities so those particular pieces could not be finalized. Councilor Buchner suggested that staff
communicate with all 22 property owners and let them know when the City will be making an offer to them,
noting any delays due to utility company easements, if appropriate. City Manager Prosser said staff will do that.
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
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Councilor Sherwood said when the Urban Renewal plan was developed the City said they would not do
condemnation, but that was for properties to be developed. She said, "You have to have that for streets or one
property could hold up a street for years."
Councilor Woodruff said residents of Tigard have given us a green light to make significant improvements in
the downtown. He said he'd, "Prefer no eminent domain be used on this but in case that is not possible, this
resolution gives us that flexibility."
Councilor Sherwood said Council does not want any businesses to leave the downtown area. She said that
hopefully, this will be seen as an opportunity.
Mike Stevenson said the City says they need to widen the road and want to start right away but business owners
need a certain amount of time to absorb the information, so this should have been given to owners a long time
ago. He said he is not unwilling to work with the City and felt he has proven that over the last four years.
Councilor Sherwood said she didn't want him or other business owners to get discouraged and think that the
City wants them to leave town so they can build a park. Mr. Stevenson said he hasn't heard that from the
Council or the Mayor.
Mayor Dirksen said he considers Mr. Stevenson and his business to be very valuable members of the
community and he didn't want them to leave Tigard. He said, "This plan is a 20-year or maybe even 30-year
plan before it is all accomplished... Opportunities are being created for you and for your property should you
chose to consider them in the future." Regarding the assessments, he said he'd challenged the City Manager
and Engineer six months ago to work concurrently with the property owners while finalizing the street design
in order to get right-of-way and move things forward more quickly. He said, "The answer was `How do we
know what to tell them about the assessment until we know how much property we'll need? And we won't
know that until the design is done.' And we've not known how much property needed until fairly recently."
In response to Mr. Stephenson's comments City Manager Prosser said, "We are trying to move faster. Rest
assured we are trying to do something that is the best for both of us because that will be the best outcome for
the City."
Councilor Sherwood said, "We're not developers. We have to follow a process that has all different kinds of
rules and regulations... we're trying to do it in the fastest way we can but it's still a long process."
Councilor Woodruff said, "If any property owners are getting messages from staff that are different from what
you've heard from us tonight, you need to let us know." Council noted that their e-mail addresses are on the
website.
Mayor Dirksen asked if there was any further discussion and there being none he asked for a motion.
Councilor Buchner moved for adoption of Resolution No. 08-06. Councilor Sherwood seconded and all
Council voted in approval.
Name Yes No
Councilor Wilson Absent
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Buchner ✓
Councilor Sherwood ✓
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 12 of13
8. COUNCIL LIAISON REPORTS: None
9. NON-AGENDA ITEMS: None
10. EXECUTIVE SESSION: None held
11. ADJOURNMENT
At 9:04 p.m. Councilor Woodruff moved for adjournment. Councilor Sherwood seconded the motion and all
voted in favor.
Name Yes No
Councilor Wilson - Absent
Councilor Woodruff ✓
Mayor Dirksen ✓
Councilor Buehner ✓
Councilor Sherwood ✓
Carol A. Krager, Deputy City ecorder
Attest:
Mayo ,City of Tigard
Date:
I:\ADM\Cathy\CCM\2008\080226 busincss.doc
TIGARD CITY COUNCIL/LCRB AGENDA - February 26, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 13 of13
Agenda Item # 51a6 fe -s i o,q
Meeting Date February 26; 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Annual Review of Annexation Policy
Prepared By: Matissa Daniels and Ron Bunch Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Council is requested to review the status of its Annexation Policy and Program. The main issue is "Shall City Council
continue to invite voluntary annexation based on the benefits of being within the City, and continue to offer
incentives?"
STAFF RECOMMENDATION
Staff recommends that Council extend its current policy including waiver of application and mapping fees, and phasing
in of City property taxes. A further recommendation is for Staff to prepare a resolution extending the current policy and
associated incentives for another year.
KEY FACTS AND INFORMATION SUMMARY
On March 13, 2007, Council approved Resolution 07-13 establishing policy to guide City actions pertaining to
annexation of unincorporated lands. The policy emphasizes Tigard's desire to work with property owners and residents
of the unincorporated Urban Services Area to secure voluntary annexation based on the benefits to be gained by both
parties.
In an effort to further encourage voluntary annexation, Resolution 07-13 sets out incentives to annex, including:
■ waiver of the City annexation application fee until July 1, 2008; and
■ phasing in of increased property taxes over a three-year period at the rate of 33%, 67%, and 100%, for
properties that annex during the period of March 13, 2007, to February, 2008 per Oregon
Administrative Rule (OAR 150-222.111).
For the property tax phase in, a year's time was given to allow Council to assess the effectiveness of this effort and
make changes during the annual review of the annexation policy.
Staff's approach to implementing Resolution 07-13 contained four main tasks. Those tasks and the results of each are
listed below:
Task 1: Mailings
A series of mailings were sent out to property owners within 100 feet of the City limits inviting them to join the City of
Tigard. The mailing, shown in Attachment 1, consisted of a letter inviting property owners to annex to the City and
informational materials describing the benefits of annexation, frequently asked questions, and service standard changes
after annexation.
I:\LRI'LNWouncil Materials\2008\2-26-08 AIS Annual Review of Annexation Yolicy.doc 1
There are approximately 500 properties within 100 feet of the City boundary. The letters were sent out in four phases.
Maps of properties included in each phase can be seen in Attachment 2. A phased approach was proposed in order to
determine the level of interest in annexation for specific areas, and to manage the workload related to the public
outreach effort and the processing of annexation applications.
As a result of the mailings, two property owners are in the process of completing their paperwork but have not yet
submitted their applications for annexation. These property owners were interested in being part of the Cach Creek
annexation (ZCA 2006-0002) but were unable to annex because it was too complicated to include them in the proposal.
One is currently interested in annexing because of the fee waiver; the other is selling their property and, because of the
waiver, has chosen to annex their property first.
Five additional property owners have contacted the City regarding annexation as a direct result of the mailings;
however, they were either unable to annex at this time, or have chosen not to complete the application.
Task 2: Targeted Annexation Efforts
Staff contacted a number of unincorporated properties abutting, or near the City limits, whose owners have expressed
past interest in annexation. The first targeted annexation effort was directed to the Hightor property owners. Phase 2 of
the annexation mailing effort concentrated on this subdivision, as some owners had previously expressed an interest in
annexing to the City. This mailing did not result in anyone contacting the City regarding annexation. The second
targeted effort took place as part of the Sunrise Lane Annexation. During the initial mailing to adjacent property
owners, just two decided to annex. In the second round of letters, City Staff included information. about the incentives
to annex. As a result, six property owners (nine properties total) chose to annex to the City.
Task 3: Up dated Webpage and Online Information
The Community Development, Current, and Long Range Planning websites were updated to contain a link to the
annexation page. This page invites property owners to join the City and contains information about the benefits of
annexation, frequently asked questions, service changes following annexation, and estimated property tax changes from
annexation. This page also provides links to City of Tigard Resolution 07-13, Metro information on annexation and
boundary changes, Washington County, and Oregon Revised Statutes Chapter 222: City Boundary Changes; Mergers;
Consolidations; and Withdrawal. Anyone with questions regarding annexation, or the benefits of annexation, is referred
to this page.
Task 4: Small Group Meetings
Originally, Staff planned to meet with property owners within the Tigard Urban Services Area who expressed interest in
annexation; however, no neighborhoods or other groups responded. Consequently, Staff did not attend any small group
meetings.
Conclusion
The mailing effort and Community outreach did not result in as much annexation activity as expected. Six property
owners, however, did state that the annexation incentives positively affected their decision to annex. In the interest of
being proactive, Staff recommends the City continue its current policy and extend the incentives.
OTHER ALTERNATIVES CONSIDERED
N/A
1:\1.11PLN\Council Materials\2008\2-26-08 AIS Annual Review of Annexation Pohcy.doc 2
CITY COUNCIL GOALS
N/A
ATTACHMENT LIST
Attachment 1: Annexation Mailing
Attachment 2: Annexation Mailing Phases
FISCAL NOTES
The following outlines the basics of how phasing-in of City property taxes, when property is annexed, occurs:
Oregon Administrative Rule (OAR) 150-222.111 provides for phasing in of property taxes and sets out the process.
The City is required to notify the assessor's office that taxes are to be phased in for annexed property and of the tax
ratio it wishes to be applied. The Assessor, in turn, establishes separate tax-codes for territory subject to "phased"
property taxes. If the City wishes to phase-in the City's property tax rate over a period of time; for example, three years,
it would notify the Assessor that a newly annexed property shall pay a proportional increment of property taxes each
year. For instance, the City could request the County levy 50% of the City's tax-rate the first year; 75% the second, and
100% the third year. When cities have general obligation (GO) bond levies, as Tigard does for the new library, phased
in levy taxes are calculated using the same general methodology applicable to the permanent tax rate.
l:\LRPLNWouncil Materials\2008\2-26-08 AIS Annual Review of Annexation Pohcy.doc 3
ATTACHMENT 1
City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223
May 31, 2007
Dear Property Owner:
The City of Tigard recently adopted a new policy regarding its approach toward annexation.
The policy is to invite voluntary annexation based on the benefits of being within the City. Some of the
benefits for property owners are listed in the attached information material titled "A Community is
Stronger Together."
With this new policy, I wish to invite you to consider annexation to Tigard. We are certain that being part
of the City has important advantages. If you are interested and wish to discuss this matter further I urge
you to contact staff member, Marissa Daniels at 503-718-2428 or marissa@tigard-or.gov. Additional
information can be acquired on the City's website at wwwtigard-or.gov/annexation.
An important consideration is that the City is waiving the annexation fee until July 1, 2008 and phasing-in
City property taxes over a period of three years. This is also explained by the attached information.
In addition to promoting the benefits of annexation, it is important to be up-front about the reasons for
Tigard's public policy encouraging annexation. The first, and most important, reason is the need to shape
and plan for the future of the City. This effort must involve adjacent unincorporated urban lands. While
County government does many good things for its citizens, its structure and orgaription is not set up to
provide the level and intensity of oval governance and urban services that are standard within an
established city. Two important examples are the lower level of public safety services in unincorporated
urban areas and the lack of parks.
The City's concerns are based on manyPortland metro area and national examples of unincorporated
urban areas declining over time as County governments lose the ability to provide adequate services. In
many cases the decline of these developed urban lands had negative consequences for adjacent cities.
The Catywishes to be more active in offering incentives to annex to forestall this possibility.
The second reason involves rights and responsibilities of citizenship. In other words, being part of a
community also means paying a fair share- for services. When unincorporated land annexes to the City,
higher property taxes will result. However, we feel the benefits to the property owner are commensurate
with the added cost. The appended materials provide an explanation of annexation's propertytax impacts.
The bottom line is that a house valued at $400,000 would pay slightly more than $500 a year in added
property taxes when fully phased in.
In closing, Tigard invites you to be part of the City because together, as one community, we could be
much stronger. We hope to hear from you soon.
Sincerely,
Craig E. irksen, Mayor
City of Tigard
Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-orgov . TTY Relay: 503.684.2772
BENEFITS OF BEING PART OF TIGARD
• In Tigard You Can Make a Difference. As a Tigard citizen, you will have a say on issues that can affect
your future and that of the whole community. The more "local" a government is, the more responsive it
can be to its citizens. For example, five members of the County Board of Commissioners represent
almost 500,000 people. In contrast, Tigard's five City Councilors represent less than 46,300 people. Your
vote, input, and participation on issues can make a real difference. As a resident of Tigard you will also be
eligible to nun for a position on City Council or participate on the many City sponsored boards and
committees. Together, Tigard's citizens and businesses can plan for and create a prosperous and
sustainable future.
• Established Cities are the Best Providers of "Local" Urban Services. Established Cities can best
provide the "local" services essential to a high quality of life, such as local streets, sewer and storm water
maintenance, public safety, parks, land use planning, resource protection, code enforcement, library
services and accessible governance. County government, on the other hand, is oriented to a large
geographic region and must address the "big" issues such as corrections, mental health, regional sewer
service, and major roads. Over time, having essential services provided by a "local" city government
better protects your property investment.
• Parks, Trails, and Open Space. Tigard is committed to working with its citizens to provide accessible
parks, trails, and open space opportunities. The City wants to work with its citizens to provide more of
these key services and amenities to enhance property investments and make Tigard a livable and enjoyable
community. In contrast, Washington County got out of the "parks business" many years ago.
• Enhanced Public Safety and Code Enforcement Services. As a Tigard citizen you and your property
will receive a higher level of police protection than provided by Washington County. Today, Tigard
provides an additional .5 officers /1,000 residents over the enhanced Sheriff Patrol District. In addition,
the Tigard Police Station, Code Enforcement, and Municipal Court Services are a short distance away in
Tigard City Hall.
• Tigard Citizenship. Today, residents of the unincorporated Tigard Urban Services Area are citizens only
of Washington County. As noted above, being a Tigard citizen has definite tangible benefits. There are
also other citizenship related benefits that come from being a citizen of both jurisdictions. One of these is
a sense of "belonging" to a community that has an interest in planning for and creating a positive future
for all its citizens.
j
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f
"A community is stronger together. "
F
A
SERVICE CI iANGES FOLLOWING ANNEXATION
Service/ Current Provider Provider After Annexation Do local Tigard. standards differ from
Current Standards?
Fire Protection & Emergency Services/ Tualatin Vallev Fire and Rescue No.
Tualatin Valley Fire and Rescue
'Niass Transit TriMet No.
Schools/ Tigard-Tualatin School Annexation does not change No.
District and Beaverton School District school district boundaries
Water/ City of Tigard through a City of Tigard or Tualatin Valley No.
contract with Tigard Water District OR Water District
Tualatin Vallev Water District
Sanitan? Sewer/ Clean Water Services City of Tigard. The Citywill No.
provide maintenance per an
agreement with Clean Water
Services.
Street Light Maintenance/ Washington City of Tigard No.
Countv
Storm Se %-cr/ Clean Water Services Cite of Tigard- The City will No.
provide maintenance per an
agreement with Clean Water
Services.
Road Quality fain tenance/Washington City of Tigard No. However, the Tigard Urban Service
County Area Agreement (TUSA) requires the
County to improve individual roads to
pavement condition index (PCI) of at
least 40, with all roads averaging at least
75, prior to transferring roads and
service.
Parks and Open Space/ No Provider City of Ti aid Yes; 8 acres/1,000 people
Recreation/ No Provider City of Tigard: Contingent on Yes. Washington County does not offer
approval, a pilot program is to be a recreation program.
launched next year.
Street Maintenance/ Washington City of Tigard Yes. ;Mowing roadside grass and brush
Cottnty through the Urban Road (strip and ditch lute). Dust abatement on
Maintenance District graveled roads- Vegetation removal for
vision clearance. Crack sealing and road
shoulders on 4-year cycle.
Police/ Washington County Enhanced City of Tigard Yes_ Additional.5 officers/1,000 people
Sheriff Patrol District (City standard is 1.5 officers/1,000)
Response times for Priority 1 and 2 calls
under four minutes.
Community- Development- Long Range City of Tigard Yes. Staff serves smaller area than
Planning/ ~Klashin on County Coun ; focuses on local projects.
Building and Development Services/ City of Tigard Yes; faster response time, closer location
Washington County and local-level interaction.
Governance/ Washington County City of Tigard Local representatives, local programs,
and an opportunity to participate in local
Tannin efforts.
"A community is stronger together. "
N
FREQUENTLY ASKED ANNEXATION QUESTIONS
1. Am I eligible to annex?
'Ibe areas eligible for annexation are those properties within the unincorporated Tigard Urban Services
Area (TUSA) designated in an intergovernmental agreement between Tigard and Washington County.
However, only properties that are contiguous to the City of Tigard are eligible to annex at this time. You
may become eligible if neighbors between your property and the City border also decide to annex.
2. How much does annexation cost?
At the March 13, 2007 meeting City Council passed Resolution 07-13 that revises the City's policy
towards annexation. The city annexation application fee has been waived until July 1, 2008. For fiscal
year 06-07, the fee is $2,447. Applicants will not be required to pay a Metro Mapping/Filing Fee, which
ranges from $100 to $400 dollars depending on lot size.
3. What is the process?
Annexation is a Type IV decision approved by City Council. If your property is contiguous to the City,
the first step is to schedule a meeting with the City of Tigard's Current PlanningDepartment. The next
step will be to work with Current Planning staff to submit an annexation application including a signed
consent form and all required documentation.
4. How long does the process take?
Completing the City annexation process generally takes 2'/z to 3 months.
5. What will be the difference in taxes?
Resolution 07-13 phases in property taxes over three years at a rate of 33.3 % the first year, 67% the
second, and 100% the third. The eligibility period for phasing-in of property taxes is June 30, 2007 to
February 28, 2008. You will pay roughly 10% more in taxes as a City resident than as a County resident.
This equates to a $538.76 increase based on a home with an assessed value of $400,000. For more
detailed information about tax rates, the phase-in of property taxes, or to see the calculations, please see
wwxv.tigard-or.gov/annexation or call Marissa Daniels at 503-718-2428.
6. What services will change?
In some cases the service provider will change and the level of service will be enhanced. In others, the
level of service will remain the same but the provider will change, or both the level of service and the
service provider will remain the same. For more detailed information on the changes in service provider
and level of service please refer to the Service Changes after Annexation table.
7. Do residents have to vote in order to approve the annexation of my property?
No, residents will not have to vote. Oregon Revised Statutes provide for many methods of annexation.
A vote is not required for a property owner initiated annexation (See ORS Section 222.120).
8. When does the City of Tigard typically require annexation?
When a property wants to connect to the sewer or storm water system, and the connection is within the
City's boundary, annexation is required. Per an agreement with Clean Water Services, sewer lines within
City boundaries shall be maintained by the City.
"A community is stronger together. "
9. Will I still be part of any special districts?
Yes. For example, if your property is within the Metzger Park Local Improvement District or the
Tualatin Valley Water District then you will remain in that district after annexation. The exception to
this rule is the Enhanced Sheriff Patrol District, as after annexation police services will be provided by
the City of Tigard.
10. Will my children have to change schools?
No. Annexation does not change school district boundaries.
11. I work out of my home; will I need to apply for a special permit?
Yes, but not until your Washington County Home Occupant permit expires (every two years). The City
of Tigard Home Occupation permit is different than the Washington County permit in that the Tigard
permit does not expire. The City does not regulate businesses, nor does it issue Business Licenses.
However, anyone engaging in any business within the City limits is required to pay a business tax unless
specifically exempt by State or Federal statute.
"A community is stronger together. "
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Agenda Item # s ~7
Meeting Date February 26; 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Housing Alliance Membershi
Prepared By: Duane Roberts Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Should Tigard join the Oregon Housing Alliance organization?
STAFF RECOMMENDATION
That Council considers joining the Oregon Housing Alliance and makes an informed decision regarding City
membership.
KEY FACTS AND INFORMATION SUMMARY
This item was continued from the January 22, 2008, agenda, because Council wished additional information on the
Housing Alliances decision making process.
The Housing Alliance is a statewide coalition of 62 member organizations, including cities, counties, and nonprofit
organizations. The primary goal of the Housing Alliance is to increase state resources for affordable housing.
Benefits to Tigard of Housing Alliance Membership include:
• Greater effectiveness in making the case for increased funding at the State Legislature.
• Advancing Council's goal of increased involvement at the State legislature. The City's influence in housing
issues would be greater as a member of a coalition.
• Ability to vote on the Housing Alliance's legislative agenda.
• Receiving clear and concise updates on legislation during the session.
• Fostering communication with State legislators.
Tigard is a recognized leader in the affordable housing area. It is the only Washington County jurisdiction with tax
exemption, housing subsidy, and housing inspection programs. Membership in the Alliance would add to the City's
existing blend of programs and activities intended to encourage and support affordable housing development.
Amy Fauver, Policy and Program Manager at the Neighborhood Partnership Fund, is staff to the Housing Alliance.
She will represent the Alliance at this meeting.
OTHER ALTERNATIVES CONSIDERED
N/A
1:\LRPI N\Council Materials\2008\2-2G-O8 AIS Housing Alliance Membership.doc 1
CITY COUNCIL GOALS
Goal No. 5: "Increase Tigard's involvement with Washington County, Metro, State, ODOT, TriMet, and Federal
government."
ATTACHMENT LIST
NA
FISCAL NOTES
The annual Housing Alliance dues for Tigard would be $500; however, Executive Director, Janet Byrd, has advised
the Alliance would accept a lesser amount.
L\LRPI N\Council Materials\2008\2-26-08 AIS Housing Alliance Membership.doc 2
\ u c 'i n e_
February 2008 Legislative Sess o
HOUSINC, "Housing Acquisition Fund" Proposal
ALLIANCE.
SB 1073
Member /clrg~Ii ations
1000 Friends
AFSCME Local 3267
Association of Oregon Community Development
Organizations
Association of Oregon Housing Authorities SB 1073 seeks $2 million of state General Fund to seed a
CASA of Oregon
Central City Concern "Housing Acquisition Fund" - a revolving loan fund to provide
City Club of Portland
City of Ashland interim financing to maintain existing rent-subsidized housing as
City of Beaverton affordable.
City of Eugene
City of Gresham
City of Medford Housing & Community
Development Commission More than 7,000 rent subsidized apartments in more than 250 Properties
City of Portland across Oregon are at risk of loss beginning immediately. Properties threatened
City of Talent
City of Wilsonville by the end of existing subsidy agreements were developed over the past 40
Clackamas Community Land Trust years with support from the federal Department of Housing and Urban
Clackamas Housing Action Network
Coalition for a Livable Future Development, from the Rural Development program of the Department of
Community Action Directors of Oregon Agriculture (formerly known as "Farmers Home"), and with State of Oregon
Community Action Team, Inc.
Community Alliance of Tenants bond financing coupled with federal rent subsidies. The properties are located
Community Development Network in all corners of the state.
Community Housing Fund
Community Partners for Affordable Housing
Ecumenical Ministries of Oregon Existing contracts that keep these apartments affordable are expiring in the
Enterprise Community Partners, Inc.
Habitat for Humanity of Oregon next one to seven years. Many of the private owners of these properties are
Hacienda CDC interested in selling and would prefer to see the housing remain affordable.
HOST Development, Inc.
Homeless Families Coalition The Housing Acquisition Fund is a crucial tool to save these affordable units.
Housing Advocacy Group of Washington Co.
Housing Development Center
Interfaith Committee on Homelessness In its first year, the state's General Fund investment into the "Housing
Jackson County Housing Coalition
Lane County Legal Aid and Advocacy Center Acquisition Fund" will leverage an additional $26 to $46 million in private,
League of Women Voters of Oregon philanthropic, and local public funds. Over six years we estimate that the total
Lincoln County
Manufactured Home Owners of Oregon, Inc. leverage would exceed $150 million. It would also protect millions of dollars
Metro in federal rent subsidy payments from the Section 8 and Rural Development
Multnomah County
Neighborhood Economic Development Corp. programs by facilitating the preservation of an estimated 2,700 apartments.
Neighborhood Partnership Fund
Network for Oregon Affordable Housing
Northwest Community Land Trust Coalition The fund will help preserve this stock of housing by, facilitating sales to new
Northwest Housing Alternatives
Oregon Action owners who will maintain current rent levels. Preservation of existing housing
Oregon Council on Developmental Disabilities is much less expensive than replacing it - replacement cost of these units
Oregon Coalition on Housing & Homelessness would easily exceed $250 million.
Oregon Food Bank
Oregon Manufactured Homeowners United
Portland Community Land Trust
Portland Community Reinvestment Initiatives, Inc. In addition, saving this housing will:
Portland Impact
REACH CDC
Rogue Valley CDC • Prevent displacement of very low income seniors, people with disabilities,
Rose CDC and families with children from homes in communities which have no other
St. Vincent DePaul of Lane County
Shelter Care housing available at a similar cost
Sisters of the Road • Maintain federal rent subsidies for these properties - worth millions of
Umpqua CDC
Washington County federal support per year for Oregon
Contact us: Interim financing through this "Housing Acquisition Fund" will allow for
Public Affairs Counsel timely sales that can be structured to maintain all possible federal subsidy. This
Mark Nelson, Erica Hagedorn
PO Box 12945 - Salem, OR 97309
(503)363-70&4
www.oregonhousingalliance.org Housing Alliance do Neighborhood Partnership Fund • 1020 SW Taylor St, Ste 680 • Portland, OR 97205.503-226-3001 x102
interim financing is an essential tool to make preservation efforts successful, and a minimal State
investment promises to have a significant impact on this effort by leveraging private funds.
The Fund will be administered by the Network for Oregon Affordable Housing, and managed by a
steering committee of local experts, business leaders, and investors. Meyer Memorial Trust has
pledged significant support for the Fund if State funds are committed and has made a grant to
support the administrative costs to launch this effort. Other local funders have committed support
as well if the Fund is seeded, and a grant proposal is in process to the MacArthur Foundation. Banks
and local jurisdictions have indicated a willingness to invest in the Fund once it is established.
The table below illustrates the anticipated impact of the "Housing Acquisition Fund."
Rental
Capital Bank # # Assistance TOTAL
Investment Leverage Total Fund Units Projects Preserved LEVERAGE
General Fund $2,000,000 $6,000,000 $8,000,000
Foundations / Other $13,000,000 $29,000,000 $42,000,000
TOTAL over 2 years: $15,000,000 $35,000,000 $50,000,000 909 26 $4,189,091 $52,189,091
TOTAL over 6 years $150,000,000 2,727 78 $12,567,273 $160,567,273
Interim financing through this "Housing Acquisition Fund" complements permanent financing
tools that Housing and Community Services has available, including permanent financing
approved during the 2007 session of $8.1 million and the Oregon Affordable Housing Tax Credit,
which was expanded during the 2007 session for this purpose. Current allocations of the OAHTC
are committed, and all funds for long-term preservation appropriated in 2007 will be exhausted by
pending deals.
Many millions in state funds will continue to be needed over the next five to ten years to
ensure the permanent preservation of this housing. Depending on the assumptions made
about federal rent levels and availability of the Oregon Affordable Housing Tax Credit, state funds
needed to permanently finance just the 2,700 units passing through the Housing Acquisition Fund
could range from $11 million to $150 million over the next eight to ten years.
Revised January 23, 2008
MEMORANDUM
TIGARD
TO: Mayor and City Councilors
Craig Prosser, City Manager
FROM: Gus Duenas "
City Engineer
RE: Proposed Amendment to Ordinance No. 06-21 (Local Fuel Tax)
DATE: February 20, 2008
The current fuel tax collections are not at the level needed to construct the Greenburg
Road/Highway 99W/Main Street intersection improvements. The proposed amendment to the local
fuel tax ordinance (Ordinance No. 06-21) to provide the revenue needed will be discussed during
study session with City Council at the meeting on February 26, 2008.
The existing ordinance calls for the tax to expire December 31, 2011, unless renewed by Council.
Attached is a copy of the existing ordinance and the proposed amendment to it. This amendment
would delete the expiration date and tie the expiration of the tax to collection of $5.0 million. Based
on an average monthly collection of $55,000, the target amount should be reached between the 7`h
and 8`" year of collections. It may be sooner than that if the average monthly collections turn out
greater than that amount.
Because the City does not have a full year of collection to use as a gauge, the amount of $55,000 is
prudent to use at this point. In addition, until W&H Pacific is able to provide a more detailed cost
estimate on the costs for right-of-way and construction, the amount of $5.0 million is appropriate.
The reason for fixing the amount at the high range of the project estimate is because the present
value of the $5.0 million in 2008 dollars is somewhat less than that amount. The $5.0 million
collected over a period of 7+ years should provide the funding needed to finance the design and
construction of the project within the next two years.
The amendment to the ordinance will be submitted for Council consideration at the business
meeting on March 11, 2008. The exact language of the amendment submitted will be in
conformance with whatever Council directs at the study session on February 26`''. An opportunity
for public testimony on the proposed amendment should be conducted prior to Council action on
the amendment to the ordinance.
Attachments: Proposed Amendment to Ordinance No. 06-21
Ordinance No. 06-21
c: Tom Coffee, CD Director
Mike McCarthy, Project Engineer
i:tengVusVnemorandumst2-28-08 amendment to extend the local fuel tax.doc
Proposed Amendment to Ordinance No. 06-21 (Local Fuel Tax Ordinance)
"Section 3.65.030 Tax Imposed" of Ordinance No. 06-21 is amended to read as follows:
A motor vehicle fuel tax is hereby imposed on every dealer. The tax imposed shall be paid
monthly to the tax administrator. The tax administrator is authorized to exercise all
supervisory and administrative powers with regard to the enforcement, collection and
administration of the motor vehicle fuel tax, including all powers specified in ORS 319.010
to 319.430. The motor vehicle fuel tax shall remain in effect until the amount of $5.0
million is collected.
CITY OF TIGARD, OREGON
ORDINANCE NO. 06-0
I
AN ORDINANCE CREATING AND IMPOSING A TAX ON MOTOR VEHICLE FUEL
DEALERS; PROVIDING FOR ENFORCEMENT, ADMINISTRATION AND COLLECTION
OF THE TAX; AND AMENDING THE TIGARD MUNICIPAL CODE BY ADDING A NEW
CHAPTER 3.65.
WHEREAS, Tigard is an Oregon home-rule municipal corporation having the authority
and power under the terms of its Charter to exercise all the powers and authority that the
constitution, statutes and common law of the United States and this State expressly or impliedly
grant or allow as though each such powers were specifically enumerated therein;
WHEREAS, said authority and power includes the authority to impose a tax on the sale
of motor vehicle fuel sold within the City;
WHEREAS, the City Council wishes to exercise that power and to limit the use of any
revenues generated by said tax to purposes associated with the administration, construction,
reconstruction, improvement, repair, maintenance, operation and use of public highways, roads
and streets within the city;
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code is amended by adding a new Chapter 3.65 Motor Vehicle
Fuel Tax, to read as follows:
Chapter 3.65 MOTOR VEHICLE FUEL TAX
3.65.010 Short Title
3.65.015 Purpose
3.65.020 Definitions
3.65.030 Tax Imposed
3.65.040 Amount and Payment
3.65.050 Permit Requirements
3.65.060 Permit Applications and Issuance
3.65.070 Failure to Secure Permit
3.65.080 Revocation of Permit
3.65.090 Cancellation of Permit
3.65.100 Remedies Cumulative
3.65.110 Payment of tax and Delinquency
3.65.120 Monthly Statement of Dealer
Ordinance No. 06- a
Page 1
3.65.130 Failure to File Monthly Statements
3.65.140 Billing Purchasers
3.65.150 Failure to Provide Invoice or Delivery Tag
3.65.160 Transporting Motor Vehicle Fuel in Bulk
3.65.170 Exemption of Export Fuel
3.65.190 Fuel in Vehicle Coming into City Not Taxed
3.65.200 Fuel sold or Delivered to Dealers
3.65.210 Refunds
3.65.220 Examination and Investigations
3.65.230 Limitation on Credit for Refund or Overpayment and on Assessment of
Additional Tax
3.65.240 Examining Books and accounts of Carrier of Motor Vehicle Fuel
.3.65.250 Records to be Kept by Dealers
3.65.260 Records to be Kept Three Years
3.65.270 Use of Tax Revenues
3.65.010 Short Title
The provisions of this Chapter shall be known and may be cited as the "City of Tigard
Motor Vehicle Fuel Tax Ordinance".
3.65.015 Purpose
The purpose of the motor vehicle fuel tax is to raise revenues necessary for the
construction, reconstruction, improvement, repair, maintenance, operation and use of the public
street system in the city.
3.65.020 Definitions.
As used in this ordinance, unless the context requires otherwise:
1. "City" means City of Tigard, a municipal corporation of the State of Oregon.
2. "Dealer" means any person who:
a. Imports or causes to be imported motor vehicle fuel for sale, use or
distribution in, and after the same reaches the city, but "Dealer" does not include any person who
imports into the city motor vehicle fuel in quantities of 500 gallons or less purchased from a
supplier who is licensed as a dealer hereunder and who assumes liability for the payment of the
applicable motor vehicle fuel tax to the city; or
b. Produces, refines, manufactures or compounds motor vehicle fuels in the
city for use, distribution or sale in the city; or
Ordinance No. 06- a
Page 2
C. Acquires in the city for sale, use or distribution in the city motor vehicle
fuel with respect to which there has been no motor vehicle fuel tax previously incurred.
3. "Distribution" means, in addition to its ordinary meaning, the delivery of motor
vehicle fuel by a dealer to any service station or into any tank, storage facility or series of tanks
or storage facilities connected by pipelines, from which motor vehicle fuel is withdrawn directly
for sale or for delivery into the fuel tanks of motor vehicles whether or not the service station,
tank or storage facility is owned, operated or controlled by the dealer.
4. "Highway" means every way, thoroughfare and place of whatever nature, open for
use of the public for the purpose of vehicular travel.
5. "Motor Vehicle" means all vehicles, engines or machines, movable or immovable,
operated or propelled by the use of motor vehicle fuel.
6. "Motor Vehicle Fuel" means and includes diesel and gasoline and any other
flammable or combustible gas or liquid, by whatever name such as diesel and gasoline, gas or
liquid is known or sold, usable as fuel for the operation of motor vehicles, except gas or liquid,
the chief use of which, as determined by the tax administrator, is for purposes other than the
propulsion of motor vehicles upon the highways.
7. "Person" includes every natural person, association, firm, partnership,
corporation, joint venture or other business entity.
8. "Service Station" means and includes any place operated for the purpose of
retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles.
9. "Tax Administrator" means the city manager, the city manager's designee, or any
person or entity with whom the city manager contracts to perform those duties.
3.65.030 Tag Imposed.
A motor vehicle fuel tax is hereby imposed on every dealer. The tax imposed shall be
paid monthly to the tax administrator. The tax administrator is authorized to exercise all
supervisory and administrative powers with regard to the enforcement, collection and
administration of the motor vehicle fuel tax, including all powers specified in ORS 319.010 to
319.430. The motor vehicle fuel tax shall remain in effect through December 31, 2011, but shall
not remain in effect after that date unless renewed by ordinance of the City Council. Renewal of
the tax shall be set for council consideration in the first half of calendar year 2011.
Ordinance No. 06-
Page 3
3.65.040 Amount and Payment.
In addition to any fees or taxes otherwise provided for by law, every dealer engaging in
his own name, or in the name of others, or in the name of his representatives or agents in the city,
in the sale, use or distribution of motor vehicle fuel, shall:
a. Not later than the 25th day of each calendar month, render a statement to
the tax administrator or duly authorized agent of all motor vehicle fuel sold, used or distributed
by him/her in the city as well as all such fuel sold, used or distributed in the city by a purchaser
thereof upon which sale, use or distribution the dealer has assumed liability for the applicable
motor vehicle fuel tax during the preceding calendar month.
b. Pay a motor vehicle fuel tax computed on the basis of 3 cents per gallon of
such motor vehicle fuel so sold, used or distributed as shown by such statement in the manner
and within the time provided in this ordinance. In the event that the State of Oregon or
Washington County increase their taxes on motor vehicle fuel, the City, which receives a share
of those taxes, shall reduce the rate established by this section so that the City's total revenue
from fuel taxes remains what it would have been without the State or County increases.
2. In lieu of claiming refund of the tax as provided in Section 3.65.210, or of any
prior erroneous payment of motor vehicle fuel tax made to the city by the dealer, the dealer may
show such motor vehicle fuel as a credit or deduction on the monthly statement and payment of
tax.
3. The motor vehicle fuel tax shall not be imposed wherever it is prohibited by the
Constitution of laws of the United States or of the State of Oregon.
3.65.050 Permit Requirements.
No dealer shall sell, use or distribute any motor vehicle fuel until he/she has secured a
dealer's permit as required herein.
3.65.060 Permit Applications and Issuance.
1. Every person, before becoming a dealer in motor vehicle fuel in this city, shall
make an application to the tax administrator for a permit authorizing such person to engage in
business as a dealer.
2. Applications for the permit must be made on forms prescribed, prepared and
furnished by the tax administrator.
3. The applications shall be accompanied by a duly acknowledged certificate
containing:
Ordinance No. 06- p7
Page 4
a. The business name under which the dealer is transacting business.
b. The address of the applicant's principal place of business and location of
distributing stations in the city.
C. The name and address of the managing agent, the names and addresses of
the several persons constituting the firm or partnership and, if a corporation, the corporate name'
under which it is authorized to transact business and the names and addresses of its principal
officers and registered agent.
4. If an application for a motor vehicle fuel dealer's permit is complete and has been
accepted for filing, the tax administrator shall issue to the dealer a permit in such form as the tax
administrator may prescribe to transact business in the city. The permit so issued is not
assignable, and is valid only for the dealer in whose name it is issued.
5. The tax administrator shall keep and file all applications with an alphabetical
index thereof, together with a record of all permitted dealers.
3.65.070 Failure to Secure Permit.
1. If any dealer sells, distributes or uses any motor vehicle fuel without first filing
the certificate and securing the permit required by Section 3.65.060, the motor vehicle fuel tax
shall immediately be due and payable on account of all motor vehicle fuel so sold, distributed or
used.
2. The tax administrator shall proceed forthwith to determine, from as many
available sources as the tax administrator determines reasonable, the amount of tax due, and
shall assess the tax in the amount found due, together with a penalty of 100% of the tax, and
shall make a certificate of such assessment and penalty. In any suit or proceeding to collect such
tax or penalty or both, the certificate shall be prima facie evidence that the dealer therein named
is indebted to the city in the amount of the tax and penalty stated.
3. Any tax or penalty so assessed may be collected in the manner prescribed in
section 3.65.110 with reference to delinquency in payment of the tax or by action at law.
4. In the event any suit or action is instituted to enforce this section, if the city is the
prevailing party, the city shall be entitled to recover from the person sued reasonable attorney's
fees at trial or upon appeal of such suit or action, in addition to other sums provided by law.
3.65.080 Revocation of Permit.
The tax administrator may revoke the permit of any dealer who fails to comply with any
provision of sections 3.65.020 to 3.65.279. The tax administrator shall mail by certified mail
addressed to such dealer at his last known address appearing on the files of the tax administrator,
Ordinance No. 06-
Page 5
a notice of intention to cancel. The notice shall give the reason for the cancellation. The
cancellation shall become effective without further notice if within 10 days from the mailing of
the notice the dealer has not made good its default or delinquency.
3.65.090 Cancellation of Permit.
1. The tax administrator may, upon written request of a dealer, cancel a permit
issued to the dealer. The tax administrator shall, upon approving the dealer's request for
cancellation, set a date not later than 30 days after receipt of the written request, after which the
permit shall no longer be effective.
2. The tax administrator may, after 30 days' notice has been mailed to the last
known address of the dealer, cancel the permit of the dealer upon finding that the dealer is no
longer engaged in the business of a dealer.
3.65.100 Remedies Cumulative.
Except as otherwise provided in Sections 3.65.110 and 3.65.130, the remedies provided
in Sections 3.65.070, 3.65.080 and 3.65.090 are cumulative. No action taken pursuant to those
sections shall relieve any person from the penalty provisions of this code.
3.65.110 Payment of Tax and Delinquency.
1. The motor vehicle fuel tax imposed by sections 3.65.030 and 3.65.040 shall be
paid to the tax administrator on or before the 25th day of each month.
2. Except as provided in subsections (3) and (4) of this section, if payment of the
motor vehicle fuel tax is not paid as required by subsection (1) of this section, a penalty of one
percent of such motor vehicle fuel tax shall be assessed and be immediately due and payable.
3. Except as provided in subsection (4) of this section, if payment of the tax and
penalty, if any, is not made on or before the 1' day of the next month following that month in
which payment is due, a further penalty of 10 percent of the tax shall be assessed. Said penalty
shall be in addition to the penalty provided for in subsection (2) of this section, and shall be
immediately due and payable.
4. Penalties imposed by this section shall not apply if a penalty has been assessed
and paid pursuant to section 3.65.070. The tax administrator may for good cause shown waive
any penalties assessed under this section.
5. If any person fails to pay the motor vehicle fuel tax or any penalty provided for by
this section, the tax and/or penalty shall be collected from that person for the use of the city. The
Ordinance No. 06- a I
Page 6
tax administrator shall commence and prosecute to final determination in any court of competent
jurisdiction an action to collect the same.
6. In the event any suit or action is instituted to collect the motor vehicle fuel tax or
any penalty provided for by this section, if the city is the prevailing party, the city shall be
entitled to recover from the person sued reasonable attorney's fees at trial or upon appeal of such
suit or action, in addition to other sums provided by law.
7. No dealer who collects from any person the tax provided for herein shall
knowingly and willfully fail to report and pay the same to the City as required herein.
3.65.120 Monthly Statement of Dealer.
Every dealer in motor vehicle fuel shall provide to the tax administrator on or before the
25th day of each month, on forms prescribed, prepared and furnished by the tax administrator, a
statement of the number of gallons of motor vehicle fuel sold, distributed or used by him during
the preceding calendar month. The statement shall be signed by the dealer or the dealer's agent.
All statements filed with the City, as required in this section, are public records.
3.65.130 Failure to File Monthly Statements.
If a dealer fails to file any statement required by Section 3.65.120, the tax administrator
shall proceed forthwith to determine from as many available sources as the tax administrator
determines to be reasonable the amount of motor vehicle fuel sold, distributed or used by such
dealer for the period unreported, and such determination shall in any proceeding be prima facie
evidence of the amount of such fuel sold, distributed or used. The tax administrator shall
immediately assess the dealer for the motor vehicle fuel tax upon the amount determined, adding
thereto a penalty of ten percent of the tax. The penalty shall be cumulative to other penalties
provided in this code.
3.65.140 Billing Purchasers.
Dealers in motor vehicle fuels shall render bills to all purchasers of motor vehicle fuel.
The bills shall separately state and describe the different products sold or shipped thereunder and
shall be serially numbered except where other sales invoice controls acceptable to the tax
administrator are maintained.
3.65.150 Failure to Provide Invoice or Delivery Tag.
No person shall receive and accept motor vehicle fuel from any dealer, or pay for the
same, or sell or offer the motor vehicle fuel for sale, unless the motor vehicle fuel is
accompanied by an invoice or delivery tag showing the date upon which motor vehicle fuel was
delivered,-purchased or sold, and the name of the dealer in motor vehicle fuel.
Ordinance No. 06- a
Page 7
3.65.160 Transporting Motor Vehicle Fuel in Bulk.
Every person operating any conveyance for the purpose of hauling, transporting or
delivering motor vehicle fuel in bulk shall, before entering upon the public highways of the city
with such conveyance, have and possess during the entire time of the hauling or transporting of
such motor vehicle fuel, an invoice, bill of sale or other written statement showing the number of
gallons, the true name and address of the seller or consignor, and the true name and address of
the buyer or consignee, if any, of the same. The person hauling such motor vehicle fuel shall at
the request of any officer authorized by law to inquire into or investigate such matters, produce
and offer for inspection the invoice, bill of sale or other statement.
3.65.170 Exemption of Export Fuel.
1. The motor vehicle fuel tax imposed by sections 3.65.030 and 3.65.040 shall not
be imposed on motor vehicle fuel:
a. Exported from the city by a dealer; or
b. Sold by a dealer in individual quantities of 500 gallons or less for export
by the purchaser to an area or areas outside the city in containers other than the fuel tank of a
motor vehicle, but every dealer shall be required to report such exports and sales to the city in
such detail as may be required.
2. In support of any exemption from motor vehicle fuel taxes claimed under this
section other than in the case of stock transfers or deliveries in his own equipment, every dealer
must execute and file with the tax administrator an export certificate in such form as shall be
prescribed, prepared and furnished by the tax administrator, containing a statement, made by
some person having actual knowledge of the fact of such exportation, that the motor vehicle fuel
has been exported from the city, and giving such details with reference to such shipment as the
tax administrator may require. The tax administrator may demand of any dealer such additional
data as is deemed necessary in support of any such certificate, and failure to supply such data
will constitute a waiver of all right to exemption claimed by virtue of such certificate. The tax
administrator may, in a case where tax administrator believes no useful purpose would be served
by filing of an export certificate, waive the filing of the certificate.
3. Any motor vehicle fuel carried from the city in the fuel tank of a motor vehicle
shall not be considered as exported from the city.
Ordinance No. 06- a
Page 8
4. No person shall, through false statement, trick or device, or otherwise, obtain
motor vehicle fuel for export as to which the city tax has not been paid and fail to export the
same, or any portion thereof, or cause the motor vehicle fuel or any portion thereof not to be
exported, or divert or cause to be diverted the motor vehicle fuel or any portion thereof to be
used, distributed or sold in the city and fail to notify the tax administrator and the dealer from
whom the motor vehicle fuel was originally purchased of his/her act.
5. No dealer or other person shall conspire with any person to withhold from export,
or divert from export or to return motor vehicle fuel to the city for sale or use so as to avoid any
of the fees imposed herein.
6. In support of any exemption from taxes on account of sales of motor vehicle fuel
in individual quantities of 500 gallons or less for export by the purchaser, the dealer shall retain
in his/her files for at least three years an export certificate executed by the purchaser in such
form and containing such information as is prescribed by the tax administrator. This certificate
shall be prima facie evidence of the exportation of the motor vehicle fuel to which it applies only
if accepted by the dealer in good faith.
3.65.175 Sales to Armed Forces Exempted.
The license tax imposed by sections 3.65.030 and 3.65.040 shall not be imposed on any
motor vehicle fuel sold to the Armed Forces of the United States for use in ships, aircraft or for
export from the city; but every dealer shall be required to report such sales to the tax
administrator in such detail as may be required. A certificate by an authorized officer of such
Armed Forces shall be accepted by the dealer as sufficient proof that the sale is for the purpose
specified in the certificate.
3.65.190 Fuel in Vehicle Coming into City Not Taxed.
Any person coming into the city in a motor vehicle may transport in the fuel tank of such
vehicle, motor vehicle fuel for his/her own use only and for the purpose of operating such motor
vehicle without securing a permit or paying the tax provided in Sections 3.65.030 and 3.65.040,
or complying with any of the provisions imposed upon dealers herein, but if the motor vehicle
fuel so brought into the city is removed from the fuel tank of the vehicle or used for any purpose
other than the propulsion of the vehicle, the person so importing fuel into the city shall be subject
to all the provisions herein applying to dealers.
3.65.200 Fuel Sold or Delivered to Dealers.
1. A dealer selling or delivering motor vehicle fuel to dealers is not required to pay a
motor vehicle fuel tax thereon.
Ordinance No. 06-
Page 9
2. The dealer in rendering monthly statements to the city as required by Sections
3.65.040 and 3.65.120 shall show separately the number of gallons of motor vehicle fuel sold or
delivered to dealers.
3.65.210 Refunds.
Refunds will be made pursuant to ORS 319.280 to 319.320. Claim forms for refunds
may be obtained from the tax administrator's office.
3.65.220 Examination and Investigations.
The tax administrator, or duly authorized agents, may make any examination of accounts,
records, stocks, facilities and equipment of dealers, service stations and other persons engaged in
storing, selling or distributing motor vehicle fuel or other petroleum product or products within
this city, and such other investigations as it considers necessary in carrying out the provisions of
sections 3.65.020 through 3.65.279. If the examinations or investigations disclose that any
reports of dealers or other persons theretofore filed with the tax administrator pursuant to the
requirements herein, have shown incorrectly the amount of gallonage or motor vehicle fuel
distributed or the tax accruing thereon, the tax administrator may make such changes in
subsequent reports and payments of such dealers or other persons, or may make such refunds, as
may be necessary to correct the errors disclosed by its examinations or investigations. The
dealer shall reimburse the city for reasonable costs of the examination or investigation if the
action disclosed that the dealer paid 95 percent or less of the tax owing for the period of the
examination or investigation. In the event that such examination or investigation results in an
assessment by and an additional payment due to the city, such additional payment shall be
subject to interest at the rate of 18 percent per year from the date the original tax payment was
due.
3.65.230 Limitation on Credit for or Refund of Overpayment and on Assessment of
Additional Tax.
1. Except as otherwise provided in this ordinance, any credit for erroneous
overpayment of tax made by a dealer taken on a subsequent return or any claim for refund of tax
erroneously overpaid filed by a dealer must be so taken or filed within three years after the date
on which the overpayment was made to the city.
2. Except in the case of a fraudulent report or neglect to make a report, every notice
of additional tax proposed to be assessed under this code shall be served on dealers within three
years from the date upon which such additional taxes become due, and shall be subject to penalty
as provided in section 3.65.110.
3.65.240 Examining Books and Accounts of Carrier of Motor Vehicle Fuel.
Ordinance No. 06- a
Page 10
The tax administrator or duly authorized agents may at any time during normal business
hours examine the books and accounts of any carrier of motor vehicle fuel operating within the
City for the purpose of enforcing the provisions of this ordinance.
3.65.250 Records to be Kept by Dealers.
Every dealer in motor vehicle fuel shall keep a record in such form as may be prescribed
by the tax administrator of all purchases, receipts, sales and distribution of motor vehicle fuel.
The records shall include copies of all invoices or bills of all such sales and shall at all times
during the business hours of the day be subject to inspection by the tax administrator or
authorized officers or agents of the tax administrator.
3.65.260 Records to be Kept Three Years.
Every dealer shall maintain and keep, for a period of three years, all records of motor
vehicle fuel used, sold and distributed within the city by such dealer, together with stock records,
invoices, bills of lading and other pertinent papers as may be required by the tax administrator. In
the event such records are not kept within the state of Oregon, the dealer shall reimburse the tax
administrator for all travel, lodging, and related expenses incurred by the tax administrator in
examining such records. The amount of such expenses shall be an additional tax imposed by
section 3.65.030.
3.65.270 Use of Tax Revenues.
1. For the purposes of this section, net revenue shall mean the revenue from the tax
imposed by sections 3.65.020 through 3.65.279 remaining after providing for the cost of
administration and any refunds and credits authorized herein.
2. The net revenue shall be used only for the construction, reconstruction,
improvement, repair, maintenance, operation and use of public highways, roads and streets
within the city. The net revenue shall be used exclusively for improvements to the Greenburg
Road/Highway 99 intersection. The City shall cease collecting the tax once the improvements
are fully funded.
SECTION 2: The tax imposed pursuant to section 3.65.030 shall take effect only after the tax
administrator has developed the necessary forms and documents to administer the
tax. The tax administrator shall declare when the tax shall take effect, and give
not less than 15 days notice of the date before the tax may take effect. The tax
administrator's decision as to the effective date of the tax and the type of notice to
provided shall be final and not subject to review.
Ordinance No. 06- p~
Page 11
SECTION 3: If any portion of this Chapter is for any reason held invalid or unconstitutional by
a court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the
remaining portions of this ordinance.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor, and posting by the City Recorder.
PASSED: By U nCi,N` QU1S vote of all Council members present after being read by
number and title only, this a - day of 2006.
su
Catherine Wheatley, City Record
APPROVED: By Tigard Ci Co it this Iq. Jday of 6U~ , 2006.
Craig ,X. Dirksen, Mayor
Approved as to form:
qty Attorney
Date
Ordinance No. 06- a
Page 12
AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: February 26, 2008
(Limited to 2 minutes or less, please)
The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve
your concerns through staff.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony becomes part of the public record. The names and addresses ofpersons who
attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a
public record.
NAME, ADDRESS & PHONE TOPIC- STAFF
Please Print CONTACTED
Name: j- , # 7 _~~rvl
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address q6 `fV C4) 9 a4 k
City n.
State Zip Z Z 3
Phone No. S693 3S
Name:
Also, please spell your naive as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
Name:
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
iMdrn\cathy\ccs sign up\citizen communication.doc
CITIZEN COMMUNICATION
Agenda Item No. . a2
Fifth Tuesday Meeting Meeting of 3e,10- a~ ;Leos
Date: January 29, 2008
Location: Public Works Auditorium
Council Present: Councilor Buchner & Councilor Woodruff
Staff Present: Deputy Recorder Krager
Facilitator: Basil Christopher
Citizens:
Marg Enburg, 14305 SW Fanno Creek Loop, Tigard, OR 97224
Jun Parsons, 12270 SW Center Street, #35, Beaverton, OR 97005
Basil Christopher, 9460 SW North Dakota, Tigard, OR 97223
Facilitator Christopher opened the meeting at 7:05 p.m. He described the role of the
facilitator and the process for citizens to suggest topics for discussion.
Marg Enburg, 14305 SW Fanno Creek Look Tigard, OR asked about cars with expired tags
parked on public streets. She said there has been a car with 2004 tags parked in front of her
driveway for at least two weeks. She said she'd called Tigard police several tunes to request
information about the laws but has not heard back from them. She mentioned that another
vehicle owned by the same people was parked in front of her driveway for a long time prior
and it was moved after she called the police. However, she did not hear back from the
officer so she is unclear about what law if any, was broken. Councilor Buchner suggested
she contact Code Enforcement Officer Darnell.
Councilor Woodruff said there were two issues: 1) The blocked driveway issue could be
addressed by Code Enforcement and 2) Expired tag question could go to the police.
Facilitator Christopher also suggested contacting the Department of Motor Vehicles as a
resource.
Councilor Buchner also noted that the City has a Neighborhood Mediation program to help
neighbors solve problems.
Tim Parsons, 12270 SW Center Street, #35. Beaverton, OR said he is a bicycle advocate who
lives in Beaverton and works in Tigard. He had several issues to discuss regarding
bicycle/pedestrian access in Tigard.
1. He urged Tigard to form a Bicycle Advisory Committee. He said he regularly attends
Beaverton's Bike Advisory Committee meetings and is disappointed Tigard does not have
such a group. He said their members are appointed by the mayor and that Margaret
Middleton is the Beaverton city staff representative.
Councilor Buchner said this came up during Council goal setting this year.
2. He listed some problem spots in Tigard for bicyclists /pedestrians such as Hall Boulevard,
near the railroad crossing where the bike lane gets very narrow and then widens again to
January 29, 2008 Fifth Tuesday Minutes Page 1
standard width. He said this is also a problem north of Commercial Street and that bike
lanes get narrowed for the benefit of cars, not bikes.
Councilor Buchner advised that Hall Boulevard is under ODOT's jurisdiction and there is
difficulty getting things done when they are not under the City's control.
3. Mr. Parsons said gravel in the bike lanes and on sidewalks is a problem. He mentioned
the west side of Hall Blvd. as well as Highway 99W up near 99W Towing and the coffee
shop. He said some of the gravel was even left over from last year. The vacant lot by
Howard Johnson's is also a problem area. He suggested there be penalties for property
owners who do not clean up the gravel after storms. He said there could be a "reverse 911"
call that goes out to 99W business owners informing them when the streets will be swept so
they can move the gravel from their sidewalks and the bike paths into the street.
Facilitator Christopher said it is a State statute that adjacent property owners are responsible
for the curbs and beyond (towards their property). He suggested a coordinated effort
between ODOT and the City because ODOT would know when they're going to sweep a
particular area and if they let Tigard know, the City could then notify business owners.
Councilor Buchner suggested that an article be written for the Commercial Crime Unit's
newsletter and also the Cityscape.
4. Mr. Parsons said more sidewalks are needed citywide, but specifically along Hall Blvd.,
Center Street and Greenburg Road.
Councilor Buchner said there is currently a street maintenance backlog in the City and this
will be taken care of first. Sidewalk work will be added once they're caught up.
5. He also mentioned a need for signage on Tiedeman directing cyclists /walkers to the trail
beginning across the street in Woodard Park. He also said signs along bike paths in general
would be helpful in the case of an emergency so cyclists can know which road they're on or
near. He mentioned the lack of a trail connection between Fanno Creek Trail southbound
uito downtown Tigard.
Councilor Woodruff said it is a City goal to connect the trail running from Tualatin to
Beaverton.
6. He would like to see a bike lane paralleling Highway 217.
Councilor Buchner said that may be a problem due to the number of wetlands along 217.
7. Mr. Parsons said the 99W viaduct sidewalk is overgrown and in bad shape. He said he
carries shears and sometimes trims low hanging trees himself that he comes across when
commuting by bicycle.
Councilor Buchner asked if there was an ODOT right-of-way maintenance division to
respond to these complaints. Facilitator Christopher said there was and they will respond
but they are very short staffed. He suggested that citizens may be interested in starting an
January 29, 2008 Fifth Tuesday Minutes Page 2
"Adopt a Right of Way" program especially if they use those paths. Councilor Woodruff
said it would be an ideal project for a bike advisory committee to inventory these problem
areas.
8. Other problems noted by Mr. Parsons:
- Greenburg Road's bike path is still contaminated by December storm debris.
- Homeless people on the Fanno Creek Trail are an issue.
- Sidewalks along Scoffms are not kept up.
Basil Christopher, 9460 SW North Dakota, Tigard, said he wanted to report a missing
sidewalk that was removed as part of a new home development on Greenburg Road. He
said it has been out of service for almost two years and would like the situation reviewed by
City staff to see when it can be replaced. He said he asked the City about it six months ago
and got an e-mail from someone at the Permit Center but it didn't tell him whose
responsibility it is.
He said he has seen mothers pushing strollers in the bike lane next to high speed traffic
because cars are parked in the mud where the sidewalk used to be. He asked why
contractors couldn't put down concrete even if they are still working on the development so
citizens have a safe place to walk. He noted that Greenburg Road is a transit oriented street
used by people walking to bus stops.
Councilor Buchner said this would be discussed by City management the next day and he
would receive a response.
Jun Parsons suggested that Tigard require any new development to have bike/pedestrian
paths. Councilor Buchner said this is a requirement now, but only on collector streets.
She said it can become contentious with some established neighborhoods because
sometimes people don't want to give up their yards, which is what it takes to widen the road,
due to the older, narrower streets.
There being no further discussion items, Facilitator Christopher thanked everyone for
coming and adjourned the meeting at 8:15 p.m.
1 /AID M/Carol/ fifth Tuesday/080129
January 29, 2008 Fifth Tuesday Minutes Page 3
Agenda Item # 3. 3 • ai
Meeting Date February 26, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Consider Awarding a Contract for the Construction of City of Tigard Entryway Monuments
Prepared By: Dennis Koellertneier Dept Head Approval: City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Shall the Local Contract Review Board award a contract for the construction of City of Tigard entryway monuments to
Zink Commercial Contractors and authorize the City Manager to execute the contract?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board award the contract.
KEY FACTS AND INFORMATION SUMMARY
■ In July 2007 staff issued a formal Invitation to Bid for the construction of City of Tigard entryway monuments
and received no bids.
• Staff then attempted to informally solicit the project and contacted a dozen contractors directly. Only
incomplete quotes were received. Contractors said the project was not of interest to them because it was a busy
time of year and scope of the project was small.
■ The Council was briefed on the status of the entryway monuments in December 2007 and directed staff to re-
bid the project in the slower off-season when the project might generate more interest.
■ Staff issued a formal Invitation to Bid in January 2008 and received five bids; one bid was rejected because it
failed to include the required electrical work.
■ The bid results for construction of two entryway monuments are as follows:
Bidder Bid Amount
.Anderson Earth, Inc. $94,000
Andersen Pacific Contractors $90,500
PCR Inc. $265,000
Zink Commercial Contractors $87,768
■ Staff has reviewed these bids and determined Zink Commercial Contractors submitted the lowest, responsible
bid.
■ Staff recommends Zink Commercial Contractors, with a bid of $87,768, be awarded the contract for the
construction of two City of Tigard entryway monuments.
■ A total of six entryway monuments have been proposed. If the contract is awarded, two monuments will be
constructed in the current fiscal year. Contingent upon funding, additional monuments can be constructed
under the same contract over the next several years.
OTHER ALTERNATIVES CONSIDERED
The Local Contract Review Board could choose not to award the contract and could provide staff with direction on
some other course of action.
CITY COUNCIL GOALS
None
ATTACHMENT LIST
None
FISCAL NOTES
The construction of two entryway monuments was included in the fiscal year '07/'08 budget with appropriations of
$35,000, of which $31,381 is currently available. The monuments are more expensive than originally anticipated, and the
appropriation falls short of the $87,768 needed for the project. Therefore, staff will soon request an amendment to this
year's budget to appropriate an additional $56,387 for monument construction.
Agenda Item # I
Meeting Date 2/26/08
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Update on Tigard Youth Programs
Prepared By: Sheryl Huiras Dept Head Approval: IV&44 'f City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Brief and update the Council on the current youth programs and future goals and objectives.
STAFF RECOMMENDATION
Staff is bringing information to the Council to update them on our current youth programs, and recommends that the
City continues to support these programs.
KEY FACTS AND INFORMATION SUMMARY
The City of Tigard provides a variety of youth programs and activities for youth ages birth to eighteen. In 2007 over
32,000 youth attended Tigard programs and activities sponsored by the Library, Public Works and the Police
Department. The programs offered provide youth with positive activities that are safe, fun and educational. In 2007
Tigard was recognized as "100 Best Communities for Young People."
Staff from the Library, Public Works and Police Department will present information on some of the youth programs
offered. The Tigard Public Library strives to provide developmentally appropriate programming for youth ages birth to
eighteen. Some of the programs include:
• Pajama Story Time
• Sign Language for Babies
• Kids Book Club
• Saturday Adventure
• Dogs and Tales
The Public Works Department provides many recreational activities and co-sponsored events to include:
• Jim Griffith Memorial Skate Park
• Balloon Festival
• Downtown Holiday Lights Event
• Soccer Leagues
• Softball and Baseball Fields
The Police Department provides prevention and educational programs to deter youth from committing crimes. These
programs build positive relationships among police, youth and the community. The programs include:
• The DARE Program (Drug Abuse Resistance Education)
• The GREAT Program (Gang Resistance Education and Training)
• DARE to be GREAT Summer Camp
• T.O.G.A. - Tigard Organized GREAT Activities - (after school programs)
• Tigard Peer Court
There are a variety of other youth programs offered through the school district, churches and private organizations.
Future goals are to add new programs and expand the existing programs. Through our commitment and dedication to
youth we will continue to be one of the "100 Best Communities for Youth."
OTHER ALTERNATIVES CONSIDERED
N/A
CITY COUNCIL GOALS
Promote and honor good citizenship; build youth involvement programs.
ATTACHMENT LIST
N/A
FISCAL NOTES
N/A
City of Tigard
Youth Programs c
p..
Presented by:'
Sheryl Huiras -Tigard Police
Molly Carlisle -Tigard Library
'I Dan Plaza -Public Works
i
° Tigard Public Library
Programs for Children, Families and Teens
I
Presented by Molly Carlisle
rove'de
LibrarY strives to p • Tigand Pub"c jSy.approPr'a'L%,
developments zero to
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'20,797 people
.p tes fo
433 prOgr' _ _o g so far:
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1o,687 peop1e
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; : 310 PrOgr
Programs for Ages 0-6 Years
Other Programs:
Weekly Story Times: • Sign Language for Babies
• Book Babies • Symphony Story Time
Music & Puppet Shows
• Fun for Ones - 2 sessions • M
• Toddler Time - 2 sessions • Summer Reading Program
• Preschool Story Time
,
• Pajama Story Time
• Hora de Cuentos Para la Familia'
(Spanish Story Time)
• Family Story Time
Programs for Ages 641 Years
411,
• Kids' Book Club and Team READ
• Super Tuesdays
• Saturday Adventures
• School Break Festivals
• Dogs & Tales
• Summer Reading Program
Programs for Ages 11-18 Years
• Teen Book Group
• Teen Library Council
• Teen Anime Club
• Teen Zine
x;
• Summer Reading Program
• Volunteer O ortunities
pp
Looking to the Future
• Continue to enhance outreach to schools
• Explore more family literacy programs like Prime Time
Family Reading Time
• Continue to implement new programming ideas from
annual Library Patron Survey and creative Youth Services
Librarians
\V'orks
public S '
rd
g !ties ~ - ~
'Youth Nctiv
rated by
-ptese
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su'mmerjake park
;Skle~ ~
e C-it of Tigard provides many
youth oriented recreational features in
City parks.
Features such as:
Playgrounds
Softball and baseball fields
Soccer fields
Open turf play areas
Jim Griffith Memorial Skate
Park
Trails for hiking, walking,
running and biking
jointly sponsored programs include:
Soccer Leagues
Little League
July 4'hFireworks Display SEA:..:.
Arbor Day Tree Planting Event '
Downtown Holiday Lights (4 AM
Event
Halloween Dog Costume
Contest
Balloon Festival
police
Tigard
rams
frog
youth
-Presented by:
Sheryl
14U'rQs
D.A.R.E.
Connecting with our Youth
Planting seeds for the future
• Over 900 fifth grade students receive DARE
• Taught in six public elementary schools and two private schools
• Provides students with the tools to make good choices
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Other Programs Offered
• Tigard Peer Court
• Tigard Youth Advisory Council
• GREAT Program (Gang Resistance
Education and Training)
II ~ • Self-Defense Classes taught to middle and
~ high school students
Future Programs
• Mentodng Programs
• B'~g Brother - Ng &ster Program
• MonNy Acfl'v'~'t'~'es
• Addtbnd Summer Camps
• ~ncrease After-Schod Programs to afl
Schods
Future Dreams
Work together with our
community, churches
organizations and businesses
to build a Tigard Youth
Community Center.
A caring place where our
professionals serve as role
models and positively
influence children's lives.
Today's Youth are Tomorrow's Future
America's Promise
The Alliance for Youth
Working together we will continue to be the
"100 best communities for youth".
GOM
2007 A~
✓TT BEST
COMMUNITIES
~Oryovh9 People
Thank You For Your Support
• Question and Answer
Agenda Item #
Meeting Date February 26, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Consider an Ordinance establishing a Local Improvement District (LID) in the Tigard Triangle
hhp
Prepared By:G. BeM kepit Head Approval: City Mgr Approval: '
ISSUE BEFORE THE COUNCIL
Shall City Council approve an ordinance establishing an LID (Local Improvement District) in the Tigard Triangle?
STAFF RECOMMENDATION
Approve the attached ordinance establishing the LID.
KEY FACTS AND INFORMATION SUMMARY
• An LID is proposed to construct improvements to certain streets in the Tigard Triangle. On December 18, 2007,
City Council approved Resolution No. 07-75 declaring an intention to form the LID and setting a hearing for
January 22, 2008, to hear remonstrances.
• A public hearing was conducted on January 22, 2008 to provide an opportunity to any parties affected by the
proposal to make objections or remonstrances to the proposed improvement.
• After hearing testimony, City Council directed changes to the proposed district, directed that staff conduct a
meeting with owners to describe the changes and receive comments, and continued the hearing to February 26,
2008.
• A meeting with the owners was held on February 6, 2008 and was attended by 12 people representing five owners
within the proposed District, two owners proposed to be eliminated from the District and one neighboring owner.
The proposed changes were described and comments were received from the owners.
• Modifications to the LID are:
Previously proposed improvements to SW Baylor Street and SW 69''' Avenue south of Baylor Street along the
frontage of tax lots 1900 and 2700 will not be included in the District. As a result, tax lots 2000 at the
southeast corner of SW Baylor Street and SW 70`h Avenue and tax lots 1900 and 2700 at the southwest and
southeast corner of SW Baylor Street and SW 69`'' respectively, are no longer within the proposed District.
Letters from these two owners are attached.
At the owner's request, tax lot 3290 on the west side of SW 68 h Parkway between SW Baylor and Clinton
Streets has been removed from the proposed district. The owner is in the process of developing the lot and will
install frontage improvements, including the planted median on SW 68 h Parkway, as part of the requirements
for a land use permit to develop the site.
The sanitary sewer boundary has been revised to include only the portion of the lots that can be reasonably
provided with gravity service.
• Other issues raised at the hearing involve the planted median on SW 68" Parkway and the improvements the north
side of Dartmouth between SW 69t' and 70" Avenues.. These issues and responses are as follows:
Median on SW 68th Parkway - The median is required by the Tigard Triangle Design Standards and is needed
to avoid conflicting traffic from driveways once this owner's lot on the west side of SW 68th Parkway is
developed. The eastern half of the street was completed without installation of the median since it would have
been nonfunctional at that time and difficult to maintain. The owner's concerns are detailed in an attached
letter from the owner's attorney.
o Improvements to the north side of SW Dartmouth Street - The owner of a proposed development along the
north side of SW Dartmouth Street between SW 69th and 70th Avenues asked that he be permitted to install
the street improvements instead of being through the LID. This development is under a restrictive covenant
to participate in future improvements to Dartmouth. The owner's approved land use permit does not require
the owner to install the street improvements if they are not installed through the LID. Staff recorrumends that
this portion of the work remain in the LID because there are no means to ensure timely completion of the
work, if at all. In addition, the improvements are needed to align with other proposed improvements to
Dartmouth.
• The Preliminary Engineer's Report has been revised accordingly.
• The next step in the LID process is to approve the attached ordinance establishing the LID.
• The attached ordinance includes declaration of an emergency to permit the project design to proceed to completion
without delay.
• If the ordinance is approved, final plans and bid documents will be prepared and bids from contractors to
construct the improvement will be requested.
• Construction is expected to begin in July 2008 and be completed in December 2008.
• Following construction and determination of final costs, City Council will be requested to consider a resolution
approving the methods of assessment and assessment to benefited owners as well as directing that a hearing be held
to consider objections.
OTHER ALTERNATIVES CONSIDERED
None. If Council does not wish to proceed, all activities regarding the proposed LID will be terminated.
CITY COUNCIL GOALS
By providing funding for street improvements, the proposed LID advances Goal No. 3.- Aggressively pursue
funding to correct traffic congestion within the City.
ATTACHMENT LIST
Attachment 1: Proposed Ordinance with Exhibit "A", Resolution No. 07-75
Attachment 2: Revised Preliminary Engineer's Report (as of February 13, 2008)
Attachment 3: Engineering Services Proposal
Attachment 4: Three letters from Owners
FISCAL NOTES
Specht Development, Inc. deposited $72,500 for preparation of the Preliminary Engineer's Report with the
understanding that the City would include the cost of preparing the report in the total LID cost if the City forms
the District. The amount deposited by Specht Development, Inc. would be refunded to the firm after formation of
the district. If the district is not formed, all actual costs in the preparation of the report will be retained from the
Specht Development, Inc. deposit and any remaining balance will be refunded to the firm.
If the District is formed, Group Mackenzie will be directed to continue work as described in the attached proposal
to provide the engineering services required to complete the remaining portion of the project for $79,000. The
declaration of an emergency in the ordinance will allow the firm to immediately begin work on the final design
plans. The phase to complete the final plans combined with the previously authorized $72,500 to complete the
Preliminary Engineer's Report results in an estimated total project cost for engineering services of $151,500. This
total cost of engineering services was originally estimated at $242,303 but has been reduced to reflect the currently
proposed extent of the project.
The LID is currently expected to cost between $2,000,000 and $2,300,000. An interim funding mechanism is
required to provide this amount through Fiscal Years 07-08 and 08-09, pending completion of the project, sale of
bonds and assessment of the benefited property owners.
I:teng12007-2008 fy GpVigard triangle lid - spectltl2-29-08 councilt2-28-08 tigard triangle lid ais.doc
Attachment 2
' GR
ACKENZIE
' TABLE OF CONTENTS
1. Report Summary
2. Estimate of Probable Cost
3. Proposed District Boundaries
' 4. Recommended Method of Assessment
5. Project Schedule
6. 60% Design Plans
' 7. Discussion/Conclusion/Recommendation
' PRELIMINARY
ENGINEER'S REPORT
' To
City of Tigard, Oregon
For
Tigard Triangle
Local Improvement District
z SW 68th and 691h
SW Dartmouth, Clinton and
Baylor
Submitted
February 13, 2008
~xP 1z=3i-a°o
' Project Number
2060185.01
1
' GR
ACKENZIE
' I. REPORT SUMMARY
' The following Preliminary Engineer's Report for a Local Improvement District (LID) is
prepared based on the City of Tigard's Municipal Code, Section 13.04.030, 2:
' "The City Engineer shall have a preliminary engineer's report prepared. The
report shall... [i]nclude the scope of the work, location of the proposed
improvements, financial information, the proposed district boundaries,
' estimated costs, and other relevant information which go to the feasibility of
the proposed improvement and the district."
' The directive to prepare the Preliminary Engineer's Report was enacted by Tigard City
Council on February 28, 2006. Group Mackenzie was formally retained for this assignment
on May 31, 2006.
' The project will include the following general improvements:
A. Full street, storm drainage, curbs, sidewalks, street trees and street lighting for:
1. SW 69`h Avenue, between SW Dartmouth and SW Baylor, and
2. SW Clinton between SW 68`h Parkway and SW 70`h Avenue.
1 B. Half-street, storm drainage, curb, sidewalks, street trees and street lighting for:
' 1. The north side of SW Dartmouth Street, from SW 68`1' Parkway to SW 70`h
Avenue,
' C. Sidewalk, street trees and street lighting along the west side of SW 68`h Parkway,
from SW Dartmouth Street to a point approximately 150 feet north of Clinton.
' D. Sidewalks, ramps, curbs, signing and striping to support the proposed traffic signal
at SW 68`h and Dartmouth.
Additionally, the project will extend sanitary sewer to all properties in the District, via
' main extension in SW 69`h Avenue. Stormwater detention and water quality facilities are
included for the areas improved within the public. right-of-way. (On-site storm detention
and water quality will be included in each site's design and construction.) Waterline
' upgrades will be undertaken by the Tualatin Valley Water District, either in advance of the
LID construction, or as a separate schedule within the project (paid by Tualatin Valley
Water District - not assessed to the LID participants).
' The improvements described above have been designed to approximately 60% of "bid
ready," to allow detailed construction quantity assessment. The design has considered -and
implements the design standards contained in the Tigard Triangle Design Standards.
1 ,
' H:\PROJECTS\206018501 \WP\080213 Pre§m nary Engineers Reputdoc
' GR
ACKENZIE
' 2. ESTIMATE OF PROBABLE COST
' Upon completion of the 60% design, construction quantities were assembled, and recent
local bid prices were applied to arrive at total estimated construction value.
' A 15% contingency was applied to account for the 60% design completion. An additional
5.24% was applied as an estimate of inflation to the 2008 construction season.
' See Table 1 for project cost estimate:
1
' H:\PROJKTS\206018501\WP\C0213 Prefimnm Engineefs Report.doc 2
' TABLE 1
Tigard Triangle LID
Preliminary Infrastructure Cost Estimate based on 60% set 2/6/08)
' Prepared b Group Mackenzie - 2-6-08 - Update
Project number: 2060185.01
' Item Units Unit Cost Quantity ALL Total Cost
1. Streets
B Mobilization, Bond, Ins. Is 80,000.00 1 $80,000
B Traffic Control Is 10,000.00 1 $10,000
B Erosion Control Is 10,000.00 1 $10,000
B Embankment c 6.00 7,777 $46,662
B Excavation c 10.00 10,911 $109,110
' B Clearing and Grubbing s 1.50 11,973 $17,960
B Sub grade Pre s 3.00 10,168 $30,504
B Geo-textile Fabric s 1.50 10,874 $16,311
B Aggregate Base 15" of 1 1/2"-0" s 20.00 10,874 $217,480
C Concrete Curb and Gutter if 18.00 4,022 $72,396
' C Concrete Sidewalk sf 5.00 27,595 $137,975
C Curb Return Sidewalk sf 8.00 7,180 $57,440
C Concrete Driveway sf 8.00 2,378 $19,024
B 4" Asphaltic Concrete ton 70.00 2,189 $153,230
' 8 Sawcufting If 4.00 1,676 $6,704
B Demo Existing Curb if 10.00 778 $7,780
B Striping and Si na a Is 5,000.00 1 $5,000
C Street Lights ea 2,500.00 16 $40,000
B Keystone Retaining Wall sf face of wall 25.001 500 $12,500
' dA8" Concrete Pavement Section s 30.00 210 $6,300
subtotal= $1,056,376
2. Sanitary sewer
' PVC Sanitary Sewer If 70.00 507 $35,490
A 6" Service Lateral If 35.00 198 $6,930
A Standard Manhole ea 4,000.00 3 $12,000
' A Connect to Existing ea 2,000.00 1 $2,000
subtotal= $56,420
3. Storm drainage
' B Ditch Inlet ea 1,500.00 2 $3,000
B Catch Basin-Water Quality ea 5,000.00 12 $60,000
B 12" Storm Line If 65.00 1,076 $69,940
' B Standard Manhole ea 4,000.00 10 $40,000
B Connect to Existing ea I 1,000.001 2 $2,000
B 24" Storm Line if 1 90.00 72 $6,480
B 30" Storm Line if 110.00 26 $2,860
B 48" Storm Line If 130.00 164 $21,320
B Detention Manhole ea 5,000.00 2 $10,000
subtotal= $215,600
I I
1
' A - Sewer B - Street/Storm C -Sidewalk Street Scape
H:\PROJECTS\206018501\DATA\Cost Est Current Total.xls
Current Total 2/13/2008 12:36 PM
' TABLE 1
Tigard Triangle LID
Preliminary Infrastructure Cost Estimate based on 60% set 2/6/08)
' Prepared b Group Mackenzie - 2-6-08 - Update
Project number: 2060185.01
' Item Units Unit Cost Quantity ALL Total Cost
4. Elec Tel Cable
B Common Trench if 20.00 1,500 $30,000
B 6" Conduit if 6.00 850 $5,100
B 4" Conduit If 3.00 2,570 $7,710
B 2" Conduit if 1.50 1,860 $2,790
B Vaults577 ea 3,000.00 7 $21,000
' B Vaults 5106 ea 4,000.00 1 $4,000
B 1730 Junction Box ea 500.00 9 $4,500
B House Conversions ea 3,000.00 5 $15,000
subtotal= $90,100
' 6. Landscape
' C Street Trees ea 800.00 101 $80,800
C Landscape sf 1.00 11,800 $11,800
C Irrigation sf 1.00 11,800 $11,800
subtotal= $104,400
TOTAL = $1,522,896
' Contingency 15% $228,434
ENR Construction Cost Index 5.24% $79,800
' Admin and Construction Services 8% $121,832
Consultant Cost PE Report and 60% Drawin sl $72,500
I
' I Consultant Cost Completion of Final Drawings & Bid Documents $75,000
Project Total $2,100,461
I I
Taken from Engineering Nevis Record's website for Construction Cost Index taken from the months of
March 2005 to March 2006.
A - Sewer B - Street/Slorm C -Sidewalk Street Scape
H:\PROJECTS\206018501\DATA\Cost Est Current Total.xls
' Current Total 2/13/2008 12:36 PM
G R
3. PROPOSED DISTRICT BOUNDARIES
' The proposed boundary of the Local Improvement District was presented as Figure 4 in the
City Council packet for Resolution 06-10, passed on February 28, 2006. See the next page
for the original boundary (labeled Figure 1 for this report). The scope of the project and
' range of assessable properties has changed significantly.
In the initial project scope, significant right-of-way was to be acquired from non-assessed
' properties, to provide a minimum of half-street construction on 70`" Avenue. This would
have also created a hardship for these property owners, in either removal of structures or
significantly reduced setbacks. The resulting extent of the LID is shown on figure IA.
' As the project implements several of the conditions of approval for the Specht office
project, considerable coordination with City staff (Development Review) and Specht's
consultants has occurred.
1
1
' H:\PROJECTS\206018501 \WP\080213 PreMra y Engineers RepW.doc 3
' Attachment 1.2
Page 11 of 18
FIGURE 4
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4
Dote:
Figure 4: Improvement District 0MV2006
' n (LDC Specht LID state:
8 a•,~ p City of Tigard, Washington County, Oregon
1017.001.00
V wu,.o,a a..a 11N. Itwp Data Ito"n$ tl~, alts Llo an D%,- Nv w-.,.:oc5
DTUVm Y- CEB
FIGURE 1
I I GEORGE
g ~ I 1 DARTMOUTH I I
g j TOWPIHO Ep L[Di BOUNDARY I
WOOD
L
o'o SW 70TH AVENUE- r
0 I Ivy I wKUEKO CARL I----ILL
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r I tt 2200 .
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A I ' I T STERNBERG O O18~01/ i 0' CARL y
m DARTMOUTH Z
I TO OYES LLC S I N I ; n 1000 I I N,' JOIR/80N 1
D 1 (AMn 700WOODS) n 2'd00 I PARTNER I F'I I; FAMILY LP R '
m
--ml -~4R44~-- - mL=~P R-, Irn
--4, SW 69TH AVENUE m -I
- -
SPECHT SPECHT BPECHTI SPECHT MOORE MILLER I -rJOHNSEN ,
TL ECHO ' S TL ' 0200 CNT I ITL 2700 TL 21100 TL 2800 n 2700 I MATHEWS : RHEE FAMILY ~
TL moo I I ~..-.l T7JI
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SW 68TH PARKWAY
- -
LID' BOUNDARY
I I I
z2m-
' GR
ACKENZIE
4. RECOMMENDED METHOD OF ASSESSMENT
' For purposes of assessment, the project costs have been separated. into three distinct
components:
' A. Sanitary sewer construction
B. Street, franchise utilities, and storm drainage construction
C. Sidewalk, street trees, and street lighting construction
' Because some of the properties in the District are already served by some of the
construction components, we have endeavored to "credit" or "account" for those prior
' improvements.
The civil improvements supporting the traffic signal. at 68`I' and Darthmouth are considered
' "common" to the overall District, and are included in component B.
' A. SANITARY SEWER CONSTRUCTION
The properties fronting on 68th Parkway were party to the SW 68th Avenue Sanitary Sewer
Local Improvement District (LID), formed in 1984. This LID included property halfway
' between SW 68t1' Parkway and SW 69th Avenue. The remaining parcel areas will be served
by the proposed sewer extension on SW 69th.
' Since the properties in the District share a common zone, their potential for building size
is equally proportional to the parcel size. Since similar uses have the potential to generate
similar sewer flows, it was deemed appropriate to assess sanitary sewer construction solely.
' on a lot area basis. Further, only the portions of property that can be reasonably served by
gravity sewer are assessed (west side of 69th Avenue).
' See Figure 2 for the sanitary sewer assessment area map and Table 2 for cost
apportionment for sanitary sewer to the assessed properties.
' B. STREET, PRIVATE UTILITIES, AND STORM DRAINAGE CONSTRUCTION
Since all properties in the District will benefit from improving drainage, circulation, and
' accessibility, 75% of this construction element was applied by land area to all properties in
the District. The properties are also assessed at 25% of cost to the front footage variable.
C. SIDEWALK, STREET TREES, AND STREET LIGHTING CONSTRUCTION
' Since all properties will receive and benefit from improvements, this item is apportioned to
all properties. The assessment of these streetscape improvements is 25% area/75%
frontage. See Table 4 for cost apportionment of Sidewalk, Street Trees, and Street Lighting
' Construction.
See Table 5 for total assessment for each property.
' RVROJECTS\206018501\WP\080213 Preliminary Engineers Report.doc 4
I SW ATLANTA STREET r
SW BAYLOR STREET' ~ -
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FIGURE 2
SANITARY SEWER ASSESSMENT BOUNDARY
TABLE 2
Sewer Cost Assessment - A
0% Frontage, 100% Lot Area
Total Cost $77,818
Sewer
Tax Lot Land Owner Sewer Property % Total Sewer Cost
7500 Dartmouth Townhomes N 0 0.00% $0
7600 Dartmouth Townhomes N 0 0.00% $0
7001 Roth N 0 0.00% $0
7601 Salarie Partial 700 0.91% $709
6900 Roth Y 10001 13.02% $10,133
2300 Specht Partial 7250 9.44% $7,346
2100 Specht Partial 5920 7.71% $5,998
2500 Specht Partial 2099 2.73% $2,127
2400 Sternberg Family Partial 5384 7.01% $5,455
6300 Specht N 0 0.00% $0
6200 Specht Partial 500 0.65% $507
6100 Specht Partial 10050. 13.09% $10,182
6600 Specht N 0 0.00% $0
3100 Specht Y 7487 9.75% $7,586
3001 S echt N 0 0.00% $0
2900 S echt Y 17446 22.71% $17,676
2800 Moore. Y 9968 1.2.98% $10,099
Total 76805 100.00% $77,818
H:\PROJECTS\206018501\DATA\Assessment Current Total.As Sewer 2/13/2008 12:25 PM
TABLE 3
Street and Storm Improvements - B
25% Frontage, 75% Lot Area
Total Cost $1,427,861
Property Weighted
Tax Lot Land Owner Street/ Storm Frontage % Total Area % Total Total Cost Cost %
7500 Dartmouth Townhomes Partial 110 3.80% 6510 3.31% $49,057 3.44%
7600 Dartmouth Townhomes Partial 94 3.25% 5437 2.77% $41,235 2.89%
7001 Roth Partial 127 4.39% 9534 4.85% $67,635 4.74%
7601 Salarie Y 76 2.63% 7503 3.82% $50,270 3.52%
6900 Roth Y 200 6.92% 10001 5.09% $79,194 5.55%
2300 Specht Partial 328 11.35% 16396 8.34% $129,847 9.09%
2100 Specht Y 100 3.46% 12406 6.31% $79,952 5.60%
2500 Specht Y 50 1.73% 4999 2.54% $33,415 2.34%
2400 Sternberg Family Y 100 3.46% 10000 5.09% $66,841 4.68%
6300 Specht Y 226 7.82% 12522 6.37% $96,142 6.73%
6200 Specht Y 126 4.36% 12591 6.41% $84,170 5.89%
6100 Specht Y 374 12.94% 19332 9.84% $151,526 10.61%
6600 S echt Y 296 10.24% 20495 10.43% $148,232 10.38%
3100 Specht Y 175 6.05% 7487 3.81% $62,407 4.37%
3001 Specht Y 234 8.09% 13892 7.07% $104,595 7.33%
2900 Specht Y 175 6.05% 17446 8.88% $116,677 8.17%
2800, Moore Y 100 3.46% 9968 5.07% $66,666 4.67%
2891 100% 196519 100% $1,427,861
H:\PROJECTS\206018501\DATA\Assessment Current Total.As Streets-Storm 2/13/2008 12:25 PM
TABLE 4
Sidewalk and Street Scape Improvements - C
75% Frontage, 25% Lot Area
Total Cost $594,783
Sidewalk Weighted Cost
Tax Lot Land Owner Street Scape Frontage % Total Area % Total Total Cost %
7500 Dartmouth Townhomes Partial 110 3.80% 6510 3.31% $21,899 3.68%
7600 Dartmouth Townhomes Partial 94 3.25% 5437 2.77% $18,618 3.13%
7001 Roth Partial 127 4.39% 9534 4.85% $26,810 4.51%
7601 Salarie y 76 2.63% 7503 3.82% $17,404 2.93%
6900 Roth y 200 6.92% 10001 5.09% $38,428 6.46%.
2300 Specht Partial 328 11.35% 16396 8.34% $63,017 10.59%
2100 Specht y 100 3.46% 12406 6.31% $24,817 4.17%
2500 S echt y 50 1.73% 4999 2.54% $11,498 1.93%
2400 Sternberg Family Y 100 3.46% 10000 5.09% $22,997 3.87%
6300 S echt y 226 7.82% 12522 6.37% $44,347 7.46%
6200 Specht y 126 4.36% 12591 6.41% $28,969 4.87%
6100 Specht y 374 12.94% 19332 9.84% $72,336 12.16%
6600 S echt y 296 10.24% 20495 10.43% $61,181 10.29%
3100 S echt y 175 6.05% 7487 3.81% $32,668 5.49%
3001 Specht y 234 8.09% 13892 7.07% $46,618 7.84%
2900 S echt y 175 6.05% 17446 8.88% $40,203 6.76%
2800 Moore y 100 3.46% 9968 5.07% $22,972 3.86%
2891 196519 $594,783
H:\PROJECTS\206018501\DATAWssessment Current Total.xls Streets-Scape 2/13/2008 12:25 PM
TABLE 5
Tigard Triangle LID
2060185.01
Sidewalk Street
Tax Lot Land Owner Sewer - A Street/ Storm - B Scape - C Total
7500 Dartmouth Townhomes - $ 49,057 $ 21,899 $ 70,956
7600 Dartmouth Townhomes - $ 41,235 $ 18,618 $ 59,853
7001 Roth $ - $ 67,635 $ 26,810 $ 94,445
7601 Salarie $ 709 $ 50,270 $ 17,404 $ 68,384
6900 Roth $ 10,133 $ 79,194 $ 38,428 $ 127,754
2300 S echt $ 7,346 $ 129,847 $ 63,017 $ 200,209
2100 S echt $ 5,998 $ 79,952 $ 24,817 $ 110,767
2500 S echt $ 2,127 $ 33,415 $ 11,498 $ 47,039
2400 Sternberg Family $ 5,455 $ 66,841 $ 22,997 $ 95,292
6300 S echt $ - $ 96,142 $ 44,347 $ 140,489
6200 S echt $ 507 $ 84,170 $ 28,969 $ 113,646
6100 S echt $ 10,182 $ 151,526 $ 72,336 $ 234,045
6600 S echt $ - $ 148,232 $ 61,181 $ 209,413
3100 Specht $ 7,586 $ 62,407 $ 32,668 $ 102,661
3001 S echt $ - $ 104,595 $ 46,618 $ 151,213
2900 Specht $ 17,676 $ 116,677 $ 40,203 $ 174,556
2800 Moore $ 10,099 $ 66,666 $ 22,972 $ 99,738
Total $ 77,818 $ 1,427,861 $ 594,783 $ 2,100,461
H:\PROJECTS\206018501\DATA\Assessment Current Total.xls Total 12:25 PM 2/13/2008
GR
ACKENZIE
1
5. PROJECT SCHEDULE
' The schedule below outlines the steps and approximate timing for major milestones on this
project:
' December 18, 2006: City Council considers the Preliminary Engineer's Report.
December 18, 2007: City Council issues declaration of intention to form the
' District.
January 12, 2008: Property owner's receipt of 10-day advance notice for District
' Formation
January 22, 2008: City Council met to consider district formation.
' February 26, 2008: Council officially forms district.
' February 27 -
April 30 2008: Consulting Engineer prepares final plans, specifications and
bid packages.
May 1 - 20, 2008: Construction bid period.
' May 20, 2008: Bid Opening
June 10, 2008: Council award of construction contract.
' June 10, 2008: Contractor Notice to Proceed.
[150 day construction contract]
' November 6, 2008: Contractor Substantial Completion.
1
' H:\PROJECTS\206018501 \WP\080213 Prelrnkxy Engineers Report.doc 5
' GR
ACKEN IEZIEZ
6. 60% DESIGN PLANS
(See following pages.)
1
1
1
1
' H:\PROJECTS\206018501 \WP\080213 Preirrdnay Engines Reporl.doc 6
1
tANOR'S P]MY
N Qy
1 CITY OF TIGARD A 1a0R1B1 TIOARD~
OREGON Nam p~J(prA
PLANS FOR PROPOSED PROJECT F
SIRMT
1 TIGARD TRIANGLE MCDCK&D
0
LOCAL IMPROVEMENT DISTRICT (LID)
1 .
STREET IMPROVEMENTS RJR
1 INDEX OF SHEETS SW DARTMOUTH STREET TO SW BAYLOR STREET,
1. COVER SW 68TH AVENUE TO SW 70TH AVENUE
2. SW 69TH AVENUE VICINITY MAP
1 3. SW 69TH AVENUE
4. SW 68TH AVENUE TO BE SUPPLEMENTED BY THE CITY OF TIGARD DESIGN STANDARDS DATED JULY 15, 1998
5. SW 68TH AVENUE
6. SW CLINTON STREET I -
1 7. SW CLINTON STREET
8. SW DARTMOUTH STREET I I I - `
9. SW DARTMOUTH STREET
10. TYPICAL SECTIONS WI I - - I r-
Ld I I I I I GEORGE
I
V)i ' DARTMOUTH
TOWIMMES I -
I UC (AMBER l 1 LIDLBOUNDARY
woops-
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- -1 -1- Ju) L_~p - i~
- - - i3i i- J
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'k BPECNT - T MILLER ~JOHN9EM ,
BPECNT SFECH7. SPECHT YOORE TL 9700 i i MATHEWS RHEE FAMILY
TL 6500 TL 5200 iTL 5100 TL 7800 TL 1800 TRUE I
JI
SPECHT -
n ewo
' SPECHT LSPECHT
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TL 5280
SW 68TH PARKWAY
I \ LID BOUNDARY
i - -
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I N;;-.- Z m
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ATIMMKI
I Notify N NaOad at (503)220-2+15 dron acowtlp v8hh
s' of Uwadiftho pnmwl6gm ffw*L PRELIMINARY 60% SET, 2/13/2008
0 M=7 =W a1WR APP NOM 80
ATIENTICtk OFs6aa ngrM or
to tdtor ndw =r
the Gspon UflRky ttbbnn Cntr. Thoes .'i.. rtll ti DAR a52-om-wo BKauo am us-0m-0090 7ba may a G R Dwaoso swm ENGINEERING DEPARTMENT
obtain mom of UN nAw by ap Me awtr. a ao' R++
I (Mote Uw tskow nombr AaoDr ys adnhb6sbw aBRw of W f~ + q 13125 SW. HALL BCW.
nGARO, OREGON 97223
Ma thpan truny NoUIkloWs Cwtr ► (SW)132-1987 i VOICE: 503-639-4171
CALL BEFORE YOU DIG periMnd OR VanCouYer WA Seattla WA
-0752
1-800-332-2344 ~,6 503.224.9880 380.895.7879 208.7-09.9993 FAX' 507-624
~a • R`' Klaear WW nGARO-ar GOV
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' S i I. '~0 F
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\ -SANITARY SEWER TE
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MOVE PENCE-
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I AEWSIIXJ PRELIMINARY 60% SET, 2/13/08
DALE
41 rrr
N0 9 GR TIGARD TRIANGLE LID SHEET
I DESIGNED BY: DGL/MJS
a DRAWN BY: MJS/DAH/DT Portland OR Vancouver WA S6aM,
; WA STREET AND UTILITY IMPROVEMENTS
L r° ~5e CHECKED BY: DGL 303.229.B38D 3®0.843.7870 208,798.8863 2
c. L/'jy1►a DAM- 11/18/07 1 SW 69TH AVENUE BETWEEN DARTMOUTH AND CLINTON STREETS OF
IXPIRES 12 A FILE LOCATION: raam~om-pa.+.cxn a. a,r n .n PROJECT NO. (File /0488) CM JOB If 2060185.01 10
' N _ I SEE Z SHEET 8.
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DATE NO. PRELIMINARY 60% SET, 2/13/08
~~1R.. REVISION
se TIGARD TRIANGLE LID SHEET
I DESIGNED BY: DCL/MJS
aacoN DRAYMBY: MJS/DAH/D1 : STREET AND UTILITY IMPROVEMENTS
~ t 13 ,fit' ~ Portland OR VflteoOYar WA S6flttla WA 3
I
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G
DATE 11/16/07 a SW 69TH AVENUE BETWEEN CLINTON AND BAYLOR STREETS OF
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' SEE SHEET 8
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DATE
R" P TIGARD TRIANGLE LID SHEET
' DESICNm BY: DCL/YJS
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y"ptse DATE REVISION NO. BY G R SHEET
+,Im•. TIGARD TRIANGLE LID
I DESIGNED BY: DGL/MJS ® M A C K E N Z E 5
DRAWN BY: MJS/DAH/OT STREET AND UTILITY IMPROVEMENTS
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EXPIRESRES:12 DATE: CHECKED BY: 11/1OGL 503.224.860 390.985.7878 20®.7,8.8983
Gt~a SW 68TH PARKWAY BETWEEN CLINTON AND BAYLOR STREETS
31 OB 6/07 e ,
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' SEE SHEET 3
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PROJECT NO. (file #0588) GM JOB 1 2080185.01
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DATE: 11/16/07 a STREET SECTION DETAILS OF 10
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' GR
7. DISCUSSION/CONCLUSION/RECOMMENDATION
' Based on the 60% design completion, and based on cost estimates prepared based on that
design, the project is expected to cost between $2,000,000 and $2,200,000. This is 25% to
37% higher than the cost projected in the Preliminary Evaluation Report (PER),
' Attachment 1.1, in Resolution 06-10 (February 28, 2006; $1,600,000). The primary reasons
for the increase in cost include the following:
' 1. 60% design level allows a detailed cost estimate to be developed.
2. The PER estimate used costs from SW 69t1i Avenue (1998) LID, without an added
' inflation factor.
3. Stormwater detention and water quality are both now required for public street
right-of-way in Tigard.
4. Recent significant cost increases in most construction trades have led to the
inclusion of a 15% contingency and 5.24% inflation factor to the project cost
estimate.
5. The project scope and range of assessed properties has changed significantly.
' The total land area to be assessed within the LID limits is 229,392 SF, based on land
surveys prepared for the project. The total estimated cost of the project is $2,100,461,
' yielding an average assessment of $10.04 per square foot.
A 3:1 land-value-to-assessment ratio is typically desirable for the formation of an LID. To
meet the 3:1 ratio, the average land value within the district should be approximately $31
' per square foot. Records of land sales within the proposed LID indicate a range of $10.20
to recent (2005/2006) sales as high as $26.12 per square foot. Average land values based
on recent sales and/or market values suggest that the 3:1 ratio will not be met on this
' project.
i
Upon completion of the project, is it likely that the improvements will create added value
' to the properties in the district. It is anticipated that post-project, the ratio will fall in a
range of 2.5:1 to 2.8:1. This is still favorable and does provide the security needed for the
LID to move forward.
' Based on the above, we believe the project is feasible and recommend that the Local
Improvement District be formed.
' H:\PR0JECIS\2060185()1 \WP\090213 Prefinroncry Engneees RepW.doc 7
Attachment 3
RUIP
February 6, 2008
City of Tigard
Attention: Greg Berry, P.E.
13125 SW Hall Boulevard
Tigard, Oregon 97223
Re: Tigard Triangle LID
Civil Engineering Services Proposal
Project Number 2060185.01
O n
M
10
0 d
00
M Dear Mr. Berry:
C a
o
O
M We are pleased to present the following scope of services and fee proposal for design,
w construction documents, and construction phase assistance.
3
Eo r This proposal is based on the project as defined in the Preliminary Engineer's Report dated
o Y February 6, 2008. These plans, adequate for cost estimating and LID scoping, will be
00 E expanded and detailed to support public advertising and bidding by the City of Tigard.
CL
3 The following outlines our proposed scope, deliverables, and fees to provide these services:
3
N _ 1. Provide, via GeoDesign, Inc., findings and recommendations for the following:
v a. Depth to hard rock (sewer trench cost implications);
a) 00
b. Excavation, fill, and wet weather recommendations;
C. Pavement system design (based on traffic data provided by traffic studies by
0
M Kittelson and Associates);
CD m
d. Specifications assistance for the above tasks.
H
2. Coordinate with City-selected and retained wetland consultant, the efforts required to
obtain environmental permits and approvals for relocating retaining wall and sidewalk
croup along Dartmouth Street, between 69`h and 70`h.
Mackenzie.
Incorporated
3. Coordinate and provide CAD base mapping for franchise utility companies (e.g., PGE,
Architecture
Verizon, Comcast, NW Natural, and others as necessary). Incorporate the directives,
Interiors
Structural designs, and policies of these companies into the LID-required infrastructure
Engineering improvements.
Civil Engineering
Land Use Planning 4. Coordinate and provide CAD base mapping for Tualatin Valley Water District. Group
Transportation Mackenzie will, if desired, complete the design of waterline improvement for TVWD,
Planning under separate agreement. Whether TVWD retains Group Mackenzie or not, Group
Landscape
Architecture Mackenzie will incorporate the waterline improvement plans and specifications as a
separate bid schedule. The City of Tigard will undertake all contractual arrangements
Portland, Oregon Locations: that are necessary to allow waterline bidding and construction on behalf of TVWD.
Seattle, Washington
Vancouver, Washington
H:\PROJECTS\206018501\WP\PROPOSAL\080206 Tigard Triangle LID b.doc
City of Tigard
Tigard Triangle LID
Project Number 2060185.01
February 6, 2008
Page 2
5. Complete the design and detailing of the construction plans, including the following:
a. Sanitary sewer;
b. Storm drainage, with storm water quality features and storm detention for new
impervious right-of-way areas;
C. Street improvements;
d. Signing and striping;
e. Erosion control plans, details, and DEQ 12000 processing (if necessary);
f. Streetscape;
g. Street lighting (per direction from PGE).
6. Coordinate current and future development with regard to utility stubouts and
driveways.
7. Coordinate the civil and striping improvements, with the privately designed and
constructed signal improvements at the intersection of SW 68th and Dartmouth. Provide
CAD files to signal consultant, for their use in completing signal apparatus design.
8. Prepare technical specification sections, and incorporate into City-standard boiler
plate/bid documents. Provide detailed construction bid quantities. Provide up to three
engineer's construction cost estimates during the final design/bid phase.
9. Prepare public bid notice, for City submittal to local publications.
10. Prepare bid addenda as necessary, including mailing or fax circulation.
11. Attend bid opening, prepare bid tabulation, and make written recommendation of award
for lowest responsible bidder.
12. Attend pre-construction conference, and submit formal minutes to City.
13. Attend monthly construction site meetings, to observe progress and quality of the work,
and to support monthly contractor pay request process.
14. Provide office support throughout the construction, and attend up to ten (10) City-
requested site visits to review and advise on field conditions/issues.
15. Attend final project walk-through and issue final construction punch list.
16. Revisit project to confirm completion of punch list items, issue substantial completion
letter, and advise on final pay request.
17. Prepare record drawings, based on our field observations and contractor's records.
18. Prepare final LID cost assessment accounting.
H:\PROJECTS\206018501\WP\PROPOSAL\080206 Tigard Triangle LID b.doc
City of Tigard
Tigard Triangle LID
Project Number 2060185.01
February 6, 2008
Page 3
ASSUMPTIONS
1. Construction staking is not included. This will be stipulated for inclusion in contractor's
scope, by registered Professional Licensed Surveyor.
2. Material testing during construction is not included in the above scope and fee.
3. Twenty (20) sets of bid documents are included in stated scope and fee. Additional sets
required will be billed at $30 per set.
4. Primary, day-to-day inspection will be completed by City staff.
5. Wetland consultant will be retained by City of Tigard.
6. Construction is expected to be complete by April 2009. Additional fees for work
beyond April 2009 may be incurred.
7. Right-of-way acquisition services are not anticipated at this time. City will retain right-
of-way specialist if required.
PROPOSED CONSULTANT FEE
Group Mackenzie proposes to provide the above described scope of services on an hourly
basis with a total fee not to exceed $75,000. This fee includes services to be performed by
GeoDesign, Inc.
Reimbursable expenses, estimated at $4,000, and will be billed in addition to the above fee.
If you have any questions regarding this proposal, please do not hesitate to call.
Sincerely,
4D% _
David G. Larson, P.E., Senior Project Manager
Associate Principal
H:\PROJECTS\206018501\WP\PROPOSAL\080206 Tigard Triangle LID b.doc
Attachment 4
Mr. Greg Berry, P.E.
City of Tigard Utilities Engineer
13125 SW Hall Boulevard
Tigard, Oregon 97223-8144 S
In Re: Tigard Triangle LID #1 9O
Dear Mr. Berry:
We have been hesitant to inform our 88-year-old mother about the proposed assessment
on her property (Tax Lot 2700) at the corner of SW Baylor Street and SW 69th Avenue
because the news will certainly overwhelm her.
Our mother has lived in her home for nearly fifty years and has anticipated living out her
life there. She is a widow struggling to survive financially on a meager Social Security
benefit.
Now, assessments from the proposed "Tigard Triangle LID #1" threaten to wipe out
most, if not all, of the equity in her home, not to mention the huge additional costs of
upgrading and connecting her home's utilities. This proposal, if enacted as it currently
stands, will no doubt result in extreme hardship for our mother, both financially and
emotionally: ,
Therefore,'we strongly urge that street improvements on SW 69th Avenue be ended at the
northern boundary of the Specht parking facility property (Tax Lot 2900) on SW 69th
Avenue, and that no improvements whatsoever be made on SW Baylor Street.
All of us should celebrate and honor our longtime Tigard senior citizens rather than
devastating them in the quest of progress.
Sincerely,
-~-44~_
Mr. and Mrs. Joel R. Miller
10635 SE Rex Street
Portland, Oregon 97266-6072
(503) 774-6100
Millerjoel@aol.com
Ms. Lynn L. Miller
4620 SW Arnold Street
Portland; Oregon 97219-7224
January 26, 2008
Gus Duenas
City Engineer
13125 SW Hall Blvd.
Tigard, Oregon 97223
Dear Mr. Duenas,
We met you briefly at the City Council meeting on Tuesday where, thankfully, it was
decided that until the rest of Baylor Street is developed, there will be no development on
our lot or the one next door. That will leave us responsible for our share of the
development on 69th Avenue.
I am enclosing proof that we bought-our property as two separate lots or tax parcels. The
smaller one is,Block 10, lots 8 & 9, which is on the corner of 69th and Baylor and the
larger one, Block 10, lots 3 through 7 is only on Baylor. Without notice to us, between
the 2003/04 and 2004/05 tax statements, the two parcels were combined. We have had
the two lots surveyed separately and want them to be considered separately. I have
enclosed our original title insurance showing the two lots.
Since this is a much smaller parcel of land, our costs for the development on 69th should
thus be much smaller. This lot is only .12 acres. We see no reason why our lots should
have, been combined when it was clear from the council meeting plat that Mr. Specht's
many properties are considered separate as are the two owned by Mr. Roth.
Please notify us of the next meeting and allow time for questions and concerns from the
affected land owners.
Thank you for your cooperation.
Sincerely,
Mary G. Oln John C. Coon
Cc: Dave Larsen
Craig Dirksen
Gretchen Buehner
Sydney Sherwood
Nick Wilson
Tom Woodruff
William C. Cox attorney at law Gary P. Shepherd
- - - Of Counsel
Land Use, Real Estate and Development Consultation (503) 233-1985
February 6, 2008
Gus .Duenas, City Engineer
City of Tigard
131.25 SW Hall Blvd.
Tigard, Oregon 97223
RE: Tigard Triangle LID
Dear Mr. Duenas:
This office represents Charles Arnell. Although LID related documents state otherwise,
Mr. Arnell is the owner of property at 11725 SW 68`x' Parkway, Map 1 S1.36.DD,.Lot 03290.
Today I was given a copy of the 1/8/08 LID City Council hearing notice and learned from City
staff that you are conducting a neighborhood meeting this evening. Due to short notice and
existing commitments, I am unable to attend. As such, I thought it constructive to set forth some
general concerns that my client has with his property being included in the LID area as proposed.
This will allow you time to consider the concerns and correspond with me prior to the next City
Council hearing, if desired.
At this time, I have not had a chance to review the LID engineering plans, although I did
review the preliminary engineer's report. City staff is forwarding a copy of the plans as they
relate to .Mr. A.rnell's-property to the and my engineering agent, Jay Harris. .1 will likely have.
additional comments after reviewing the plans.
Mr. Arnell has pending a land use development review application that proposes to
construct many of the improvements scheduled for construction through the LID. One way the
LID plans differ from existing conditions and requirements imposed of recent land use
development approvals along SW 68`1' is the construction of a median. The problem with the
proposed LTD configuration is that it does not include properties to the north and east side of SW
68`x' that are also adjacent to the median required by the Tigard Triangle Code. Although
property owners received development approvals, they were not required to erect a median or
contribute to the cost of a median as a development exaction. In all fairness, the cost should be
born by all. As such, I would recommend the LID include properties on both sides of SW 68`x' to
proportionately spread the cost of the median project.
I would also request the percentage share being proposed for the Arnell property be
reevaluated. Unlike other street fronts in the LID area, SW 68`x' is already considerably
0244 S.W. California Street . Portland, Oregon 97219 l,'(503) 246-5499 ^ FAX (503) 244-8750
improved with. curbing and pavement. Through the land use review process, we have .learned
that the curb in front of the Arnell property is going to remain, and the pavement not extended.
Yet Mr. Arnell is proposed to be assessed a share of the cost of new curbs and new streets, when
in fact none will be constructed in. front of his property. This too is not fair. My client has no
problem contributing a fair share of improvement costs actually incurred in fi-ont of his property
but will not and cannot be required to pay forimprovements being constructed elsewhere and
benefiting others both physically and financially.
In addition, given the streets and properties that 1 understand are being removed from the
LID area, I believe it very important to reevaluate the estimated percentage share and expenses to
those remaining in the LID area.
In the next week, I plan on evaluating this issue with my engineer and providing
additional comments. In the mean time, if you have any questions, please do not hesitate to call
or contact me. Please place me on any mailing list to ensure that I receive notices with respect to
the LID. I thank. you for your tirne and attention.
Respectfully,
Gary P. Shepherd
Sent via email to bus,, c ti >ard~oti
- g---.....--
_
AGENDA ITEM No. 5 Date: February 26, 2008
TESTIMONY
SIGN-UP SHEET
Please sign on the following page(s) if you wish to testify before City Council on:
PUBLIC HEARING
TO HEAR REMONSTRANCES FOR A PROPOSED
LOCAL IMPROVEMENT DISTRICT (LID) IN THE
TIGARD TRIANGLE AND CONSIDERATION OF AN
ORDINANCE TO FORM THE DISTRICT
An LID (Local Improvement District) is proposed to construct improvements to
certain streets in the Tigard Triangle. A public hearing was conducted on January 22, 2008 to
provide an opportunity to any parties affected by the proposal to make objections or
remonstrances to the proposed improvements. After hearing testimony, City Council
directed changes to the proposed district, directed that staff conduct a meeting with owners
to describe the changes and receive coiTunents, and continued the hearing to February 26,
2008. Following the hearing, Council will be requested to pass the ordinance forming the
modified LID.
If Council decides to form the district, the next step in the LID process is for Council to
approve the ordinance establishing the LID. The ordinance includes declaration of an
emergency to permit the project design to proceed to completion without delay.
If the ordinance is approved, final plans and bid documents will be prepared and bids from
contractors to construct the improvements will be requested. Construction is expected to
begin in July 2008 and should be completed in December 2008. Following construction and
determination of final costs, City Council will be requested to consider a resolution
approving the methods of assessment and assessment to benefited owners, as well as
directing that a hearing be held to consider objections. Benefited property owners will be
assessed their share of the LID costs in accordance with the approved methods of
assessments.
The purpose of the hearing is to receive remonstrances as required by Tigard Municipal
Code, Chapter 13.04. To be considered, all written and oral remonstrances must be
received by the close of the hearing.
Due to Time Constraints City Council may Impose a Time
Limit on Testimony
AGENDA ITEM No. 5 Date: February 26, 2008
PLEASE PRINT
Pro onent - (Speaking In Favor Opponent - (Speaking Against) Neutral
"Name, Address & Phone No. Name, Address & Phone No. Name, Addre~ss~& Phone No.
l ~ y,~~~ ~ l.~ ► ~C~.~l~-r~ ~ Jul lie `i`ce. " ~(.P,
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Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
N -Z-4
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, A dress & 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.
12-
Baylor St. House
Dear City of Tigard City Council and Mayor,
I am Kaneko Wagar, owner of the Lot number TL2000 on Baylor Street.
I am here to support the proposed modified LID that would exclude the Baylor street
properties which include my property at this time.
We have owned the Baylor Street property for about 30 years and do not want to develop
it at this time. Until such a time as more of the area is commercialized, the existing
conditions of Baylor street more than meet the needs of the residential area. Exclusion
from the LID is fair to the Baylor street residences and will save us from bearing the
expense of an improvement that would someday have to be partially torn out and redone
when a later full Baylor street improvement does occur.
Thank-you for your consideration.
Sincerely,
Kaneko Wagar
Agenda Item #
Meeting Date February 26, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Presentation on a New Tualatin River Pedestrian Bridge near 108"' Avenue
Prepared By: Dennis Koellermeier Dept Head Approval: 61/ City Mgr Approval:
ISSUE BEFORE THE COUNCIL
Listen to a presentation and provide input on the possible construction of a new Tualatin River pedestrian bridge near
108'' Avenue. No action is required.
STAFF RECOMMENDATION
Listen to the presentation and provide input. No action is required.
KEY FACTS AND INFORMATION SUMMARY
■ The City of Tualatin is considering a possible bond measure in 2008. The bond measure would fund parrs and
recreation facilities, cultural opportunities, and youth and family activities.
■ One bond measure project may be to construct a new pedestrian bridge over the Tualatin River, connecting the
Tigard and Tualatin trail systems. The proposed bridge would be near 10e Avenue, to the west of the Tualatin
River Bicycle & Pedestrian Bridge, or Ki-a-kuts Bridge, that opened in February 2007.
■ Tualatin City Manager Sherilyn Lombos will brief the Council on Tualatin's pedestrian bridge concept.
OTHER ALTERNATIVES CONSIDERED
None
CITY COUNCIL GOALS
None
ATTACHMENT LIST
None
FISCAL NOTES
The pedestrian bridge project is conceptual in nature and one of many potential projects being studied by the City
of Tualatin. Therefore, there are no cost estimates for the project, nor any proposals for how those costs might be
allocated.
Carol Krager
From: Craig Prosser
Sent: Monday, February 25, 2008 5:08 PM
To: Councilmail Councilmail; Dennis Koellermeier
Cc: Carol Krager
Subject: 108th Pedestrian Bridge
Attachments: Craig Prosser.vcf
We had scheduled a discussion from the City of Tualatin on tomorrow night's agenda regarding their interest In
possibly building a second pedestrian bridge across the Tualatin River near 108th Ave. I just received a call from
Paul Hennon with the City of Tualatin. Upon further research, Tualatin has determined that this crossing would be
cost-prohibitive. They do not intend to pursue this issue. As a result, this item needs to be removed from
tomorrow night's agenda.
Craig Prosser
n City of Tigard
a~ City Manager
~ f C (503) 718-2486 Work
Craig@Tgard-or,gov
131.25 SVI Hall Blvd,
Tigard, Oregon 97223
a., Aw, tigard-or.gov
1
Agenda Item # 7
Meeting Date February 26, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Resolution of Necessity for Burnham Street and Ash Avenue Improvements
Prepared By: A.P. uenas Dept Head Okay City Mgr Okay
ISSUE BEFORE THE COUNCIL
Should Council approve a resolution of necessity for the acquisition of properties necessary for the construction of the
Burnham Street Improvement and Ash Avenue Extension projects?
STAFF RECOMMENDATION
That Council pass the proposed resolution of necessity to allow for acquisition of properties in an efficient and timely
manner.
KEY FACTS AND INFORMATION SUMMARY
■ The Burnham Street and Ash Avenue Extension projects are in the initial stages of land acquisition. Legal
descriptions and appraisals for the various properties to be acquired are currently being prepared. The intent
is to complete the property acquisitions in time to begin utility relocation and undergrounding this summer.
■ The resolution establishes the need to acquire properties for the construction of these two projects in the
Tigard Downtown, and allows for the acquisition of the properties needed in an efficient and timely
manner.
■ It authorizes the City Manager and City attorneys to negotiate just compensation for purchase of properties
needed for the improvements.
■ In addition, it does the following:
• Authorizes the City Manager to execute purchase and sale agreements for the appraised values on
each of the properties
• Authorizes the City Manager to execute purchase and sale agreements that exceed the appraised
values, as long as the total agreement amount for each property is below $75,000 (his current
signature authority is up to but not including $75,000)
• In those cases where agreement cannot be reached, it authorizes the City's attorneys to take all
action necessary, including exercise of eminent domain, to acquire those properties such that the
construction can proceed in a timely manner
• Specifies that purchase of properties that exceed the appraised values and are $75,000 or higher will
be submitted for Council approval.
Questions have been raised whether the street should be named Ash Avenue, or Ash Street. After reviewing the
various maps and addressing along the street, the conclusion is that the street should be called Ash Avenue because
of the following reasons:
• The Tax Assessor's maps label the street as Ash Avenue
• Every lot along Ash from McDonald to Scoffins is addressed as "Ash Avenue."
• It is generally a north-south street, which are named as Avenues
• One plat calls it Ash Street just south of Burnham. The rest of the plats from McDonald northward call it
Ash Avenue.
• For consistency and conformance to the existing addressing along the street, it should remain as Ash
Avenue throughout its entire length.
OTHER ALTERNATIVES CONSIDERED
None
COUNCIL GOALS
The improvements to Burnham Street and Ash Avenue strongly support and advance the City Council goal of
"Implement the Tigard Downtown Urban Renewal Plan."
ATTACHMENT LIST
Proposed Resolution of Necessity with attached Exhibit A
FISCAL NOTES
The properties to be acquired for the two projects vary in size and in value. Just compensation for the properties
will be based on the appraisals performed on them. A total amount of $1,900,000 is budgeted in Fiscal Year 2007-
08 to complete the project design, land acquisition, and begin construction on Burnham Street. For the Ash Avenue
Extension Project, $378,920 has been set aside for the design and land acquisition on that project.
I:tengVustoound1 agenda summariest2.28-08 resolution of necessity for humhem street and ash avenue improvements ais.ooc
CITY of TIGARD
GEOGRAPHIC INFORMATION SYSTEM
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should be verified with the Development Services Division.
13125 SW Hall Blvd
Tigard, OR 97223
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Community Development Plot date: Feb 20, 2008; Beng\2007-2008 fy cip~bumham street improvement 0353 - 1 acquisition row-easements etc\burnhammapmagic03.apr
For Agenda Item No. 7- ExhibitA
Feb. 26, 2008 City Council Meeting
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Agenda Item No. 31.0-
Meeting of Q v2 2e 120
City of Tigard
IIe` Tigard Business Meeting - Minutes
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE/TIME: March 11, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
• STUDY SESSION
➢ Discuss Tualatin River Wildlife Refuge Visitor Center Dedication Sponsorship
Norm Penner and Steve Burke, representing the Tualatin River Wildlife Refuge spoke to the City Council
regarding a request for sponsorship for the March 29, 2008, Tualatin River National Wildlife Refuge Visitor
Center dedication. More detailed information about this event is outlined in the staff report on file in the
City Recorder's office. After discussion by the City Council, the consensus was to have the City of Tigard
contribute $1500.
➢ Proposed Crosswalk on Durham Road at Tigard High School
City Engineer Duenas reviewed a recommended location for an additional crosswalk on Durham Road for
High School students. He reviewed there are approximately 300 crossings that occur daily near the high
school auditorium and this would be the recommended location for the crosswalk. This project will be
added to the Community Investment Program list.
➢ Tigard Chamber of Commerce "Shining Stars" Nominations
After discussion, it was determined will forward their individual nominations for nominations for the Tigard
Chamber of Commerce "Shining Stars" event.
➢ Administrative Items were reviewed-
o Agenda Item No. 5 is to Disband and Acknowledge the Fanno Creek Park and Plaza Steering
Committee. Members of the Steering Committee who plan to attend: Alice Ellis Gaut, Eugene
Butera, Trisha Swanson, Lisa Olson, and Mike Swanda.
o City Council received a copy of the Agenda Item Summary for Agenda Item No. 6 and Proposed
Resolution: Consider Establishing and Appointing Members to the Council Service Task Force.
Mayor Dirksen recommended some changes to the resolution and the Mayor's version is attached.
o Councilor Buehner would like to check with fellow City Council members about the possibility of
holding a joint meeting with the cities of Tualatin and Sherwood. City Manager Prosser will look
into the possibility of possibly forming a steering committee consisting of elected officials from
each of these municipalities.
o The Tigard-Tualatin School District has requested that the Tigard Police expand the after-school
program and work on goals associated with a grant. Consensus of City Council was to authorize
the City Manager to sign any documentation for this program.
o Oregon Mayor's Association annual student contest: P l weiv Mayor, I would.... Local contests may
begin as early as March 21 and run through May 30. City of Tigard will participate.
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - March 11, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of5
• EZECUTIVE SESSION
The Tigard City Council went into Executive Session at 7 p.m. to discuss real property transaction
negotiations under ORS 192.660(2) (e)' and for consultation with counsel concerning pending litigation
under ORS 192.660 (2) (h).
The Executive Session concluded at 7:19 p.m.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the meeting to order at 7:31:03 PM
1.2 Roll Call
Name Present Absent
Mayor Dirksen ✓
Councilor Buehner ✓
Councilor Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
2. CITIZEN COMMUNICATION
7:32:53 PM
• Tigard High School Student Envoy Megan Foltz presented a report on the activities of students at
Tigard High. A summary of her report is on file in the City Recorder's office.
7:36:07 PM
• Mark Padgett presented information on Operation Overhaul, which is a Fun Run that will take place on
Saturday, March 29, 1-3 p.m. The purpose of this event is to raise money to restore a 1985 Volkswagen
Golf for a Local GI, Scott Crouch, now serving in Iraq. Additional information about this event is on
file in the City Recorder's office.
7:43:07 PM
• John Frewing testified he is interested in protecting natural resources. He referred to generic conditions
of approval for developments. There are two conditions that he is concerned about as he does not
think they are being implemented or enforced.
He commented on agreement between the City and Clean Water Services regarding private
development activities. He said Tigard is responsible to make sure a developer removes invasive
species from wetlands and vegetative corridors. To his observation, he said this is not being done.
Mr. Frewing also said he would like to comment on the acceptance of the lot within Ash Creek Estates
(Consent Agenda item) if the Council deems it appropriate.
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - March 11, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 ofg
Mayor Dirksen advised that if there are instances where regulations are not being met, then the Council
will ask the staff to look into. With regard to Ash Creek Estates, Mayor Dirksen advised that the City
Council has received Mr. Frewing's e-mail on this subject. The Council has been assured by staff that
terms of compliance are being met. In response to a question from Councilor Woodruff, Mr. Frewing
advised that he does not think the invasive species have been removed on the parcel being donated to
the City from Ash Creek Estates. He said he's concerned about the cost if the City should accept; this
could become a liability.
7:50:30 PM
Eldon Tichener - Summerfield Civic Assn. and Pamela Warner, Administrator for Summerfield
addressed the Council. Summerfield is a community of about 1700 residents. They noted concerns
with SW Durham Road from 98" Street west to Summerfield Drive. Owners are responsible for
maintaining rights of way adjacent to their lots. Mr. Tichener described how this is difficult for
homeowners to do because of the wall between their lot and the right of way property. As the City
develops its budget for the upcoming year, he said he hoped the City Council would consider devoting
adequate funds for the City of Tigard to maintain this right of way.
There was discussion on the street maintenance fee, which was put into place several years ago.
Initially, the City Council considered including sidewalk, street lights, and right of way maintenance. A
variety of negotiations on what the street maintenance fee ensued. Agreement was reached to address
the backlog of streets that needed repair/maintenance. After five years, the fee and what it addresses
would be reviewed to determine if other maintenance needs could be added. The street maintenance
fee has been in force for four years. Mayor Dirksen noted one of the difficulties is why would one
street's right of way be maintained using these funds when another street would not. He agreed that
Durham Road is an entrance to the City. Maintenance of the right of way has not been included in the
budget. It was estimated that it would cost about $174,000 per year to maintain the Durham Road right
of way.
7:56:53 PM Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA:
3.1 Approve Council Minutes for January 8, and 15, 2008
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
3.3 Consider a Resolution to Add a Section on "Disclosure of Sensitive Information" to the
Intergovernmental Agreement of the Regional Water Providers Consortium. - Resolution No. 08-07
3.4 Accept an Open Space Donation from Ash Creek Estates Homeowners Association
3.5 Local Contract Review Board:
a. Approve Contract for Enterprise License Agreement from Environmental Systems Research
Institute (ESRI) for Geographic Information System (GIS) Software.
Motion by Councilor Sherwood, seconded by Councilor Buchner, to adopt the Consent Agenda.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Councilor Buchner Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - March 11, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of5
7:59:14 PM
4. ANNUAL EMERGENCY MANAGEMENT PROGRAM UPDATE
Emergency Management Program Coordinator Lueck presented the staff report and a PowerPoint
presentation. Copies of these documents are on file in the City Recorder's office.
8:32:08 PM
5. DISBAND AND ACKNOWLEDGE THE FANNO CREEK PARK AND PLAZA STEERING
COMMITTEE
Senior Planner Nachbar presented the staff report and summarized the past work of the Steering Committee.
A copy of the staff report is on file in the City Recorder's office.
City Council considered Resolution No. 08-08:
A RESOLUTION COMMENDING MEMBERS OF THE FANNO CREEK PARK AND
DOWNTOWN PLAZA STEERING COMMITTEE AND DISBANDING THE COMMITTEE
Motion by Councilor Buchner, seconded by Councilor Woodruff, to adopt Resolution No. 08-08.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Councilor Buchner Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
Members acknowledged by the Mayor and City Council included the following: Carl Switzer, Alice Ellis Gaut,
Eugene Butera, Mike Swanda, Trisha Swanson, Lisa Olson, Mike Freudenthal, Dan Dolan, Brian Wegener,
Chuck O'Leary
8:42:18 PM
6. CONSIDER ESTABLISHING AND APPOINTING MEMBERS TO THE COUNCIL SERVICE TASK
FORCE
Assistant City Manager Newton presented the staff report and reviewed the proposal to establish and appoint
members to the Council Service Task Force. There was a pre-meeting last week for the purposes of
brainstorming ideas to attract members of the community to serving at the local level. A copy of the staff
report is on file in the City Recorder's office.
After discussion consensus was in support of the proposed resolution and the tasks to be assigned to this
group.
Motion by Councilor Woodruff, seconded by Councilor Buchner, to adopt Resolution No. 08-09.
A RESOLUTION ESTABLISHING AND APPOINTING MEMBERS TO THE COUNCIL SERVICE
TASK FORCE
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - March 11, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 www.tigard-or.gov Page 4 ofg
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
7. COUNCIL LIAISON REPORTS: None
8. NON-AGENDA ITEMS: None
9. EXECUTIVE SESSION: Not held
8:53:04 PM
10. ADJOURNMENT
Motion by Councilor Woodruff, seconded by Councilor Buchner to adjourn the meeting.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
rLp-
Catherine Wheatley, City Recorder
Attest:
City of iQ:,r,
Council President
Date: a-7. 0?
I:\ADM\Cathy\CCM\2008\080311 6nal.doc
TIGARD CITY COUNCIL/LCRB/CCDA MINUTES --March 11, 2008
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