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HomeMy WebLinkAboutCity Council Packet - 08/11/2009City of Tigard Tigard Business Revised 8/5/09 - Agenda Item Title (No. 4) Renamed to Reflect Same Wording Used in the Proposed Ballot Title Caption Meeting - Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE: August 11, 2009 MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 oft 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 Dea~. 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 Deao. CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 P.M. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB AGENDA - August 11, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of 4 City of Tigard L 41 rrk-.;- Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: August 11, 2009/6:30 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 PM STUDY SESSION EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (e) and (i) to discus real property transaction negotiations and the performance evaluation of the chief executive officer pursuant to standards, criteria, and policy directives adopted by the governing body. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) Citizen Communication - Sign Up Sheet Follow-up to Previous Citizen Communication 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes for June 9, 16, and 23, 2009 3.2 Receive and File: a. Council Calendar b. Tentative Agenda TIGARD CITY COUNCIL/LCRB AGENDA - August 11, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 4 3.3 Approve a Contract with the Oregon Economic and Community Development Department (OECDD) as Part of the American Recovery and Reinvestment Act (ARRA) Stimulus Program Worth $4,796,000 and Authorize the City Manager to Sign the Contract. 3.4 Approve a Local Agency Agreement (No. 25,365) with the State of Oregon: Surface Transportation Program - Urban; SW Main Street: 99W to Rail Corridor 4. PUBLIC HEARING ON A PROPOSED BALLOT MEASURE FOR THE NOVEMBER 3, 2009, ELECTION FOR A BOND ISSUE TO PRESERVE CLEAN WATER, NATURAL. AREAS, WILDLIFE HABITAT a. Open Public Hearing b. Staff Report: Public Works Department C. Public Testimony d. Council Discussion e. Close Public Hearing f. City Council Consideration: Resolution No. 09- 5. CONSIDER APPROVING A PETITION PROPOSING THE FORMATION OF A SPECIAL AQUATIC DISTRICT (TIGARD-TUALATIN AQUATIC DISTRICT) a. Staff Report b. City Council Discussion C. City Council Consideration: Resolution No. 09- INFORMATIONAL PUBLIC HEARING - FORMATION OF SEWER REIMBURSEMENT DISTRICT NO. 45 (SW HOODVIEW DRIVE) a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony C. Staff Recommendation f. Council Discussion g. Close Public Hearing h. City Council Consideration: Resolution No. 09- 7. INFORMATIONAL PUBLIC HEARING - FORMATION OF SEWER REIMBURSEMENT DISTRICT NO. 46 (SW BAYLOR STREET) a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony C. Staff Recommendation f. Council Discussion g. Close Public Hearing h. City Council Consideration: Resolution No. 09- TIGARD CITY COUNCIL/LCRB AGENDA - August 11, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 4 8. CONSIDERATION OF PROPOSED ORDINANCE FOR A DEVELOPMENT CODE AMENDMENT REGARDING SENSITIVE LANDS PERMIT REQUIREMENTS (DCA2008-00005) TO REMOVE CRITERION THAT PROHIBITS PATHWAYS LOCATED WITHIN OR ADJACENT TO THE FLOODPLAIN TO BE BELOW THE ELEVATION OF THE ANNUAL AVERAGE FLOOD (18.775.070.B.5) (Continued from July 14, 2009.) REQUEST: To remove Section 18.775.070.B.5 of the Sensitive Lands Permit requirements which reads: "5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood;". Removal of this section would allow pathways to be installed in areas which would benefit the public's access to and educational appreciation of ecological areas. On April 6, 2009, the Planning Commission recommended the City Council replace the subject section with "Pedestrian/bicycle pathways within the floodplain shall include a wildlife assessment to ensure that the proposed alignment minimizes impacts to significant wildlife habitat." LOCATION: Citywide. COMPREHENSIVE PLAN DESIGNATION: All City Comprehensive Plan Designations. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; [Goal 1, Public Involvement; Goal 2, Land Use Planning; Goal 5 Natural Resources, Scenic and Historic Areas, and Open Spaces; Goal 7, Areas Subject to Natural Hazards; and Goal 8 Recreational Needs]; any federal [FEMA] or state statutes or regulations found applicable; any applicable METRO regulations; [Metro Code Sections 3.07.300, Urban Growth Management Functional Plan; and Title 3, Water Quality and Flood Management]; any applicable Comprehensive Plan Policies; [Goal 1, Public Involvement; Goal 2, Land Use Planning; Goal 7, Hazards; Goal 8, Parks, Recreation, Trails, and Open Space]; and any applicable provisions of the City's implementing ordinances [TDC 18.130, 18.380, 18.390 and 18.775]. a. Staff Report: Community Development Department b. Council Discussion C. Council Consideration: Ordinance No. 09- 9. CONSIDER FORWARDING A REQUEST TO WASHINGTON COUNTY TO FORM CPO 4T a. Staff Report: Administration Department b. Council Discussion C. Council Consideration: Resolution No. 09- 10. COUNCIL LIAISON REPORTS IL NON-AGENDA ITEMS 12. ADJOURNMENT I:AADM\CATHY\CCA\2009\090811 business P revised.doc TIGARD CITY COUNCIL/LCRB AGENDA - August 11, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of 4 City of Tigard a~ Study Session - Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: August 11, 2009/6:30 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 630 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (e) and @ to discus real property transaction negotiations and the performance evaluation of the chief executive officer pursuant to standards, criteria, and policy directives adopted by the governing body. 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. STUDY SESSION o Development Services for Downtown (attached is the same what was emailed to the City Council on August 10, 2009) Attachment 1 o Gas Tax Discussion Scheduled for August 18 o Information for Tonight's Business Agenda: ■ Agenda Item 3.3 - Staff learned that a resolution is required to indicate the City Council's approval of the City entering into a Contract with the Oregon Economic Development Department to receive funds. Attachment 2 ■ Agenda Item No. 4 - Proposed Ballot Measure Bond Issue - To Preserve Clean Water, Natural Areas, Wildlife Habitat • Revised Explanatory Statement (attached is the same as what was in the August 7 City Council Newsletter) Attachment 3 • Written Testimony Attachment 4 Agenda Item No. 5 - Aquatic District Petition • August 10 Financial Pro Forma from Finance and Information Services Department Director LaFrance (attached) Attachment S • Updated Feasibility Statement from Cheryl Berglund Coupe (attached is the same as what was in the August 7 City au nciI Newsletter) Attachment 6 • Written Testimony Attachment 7 Agenda Item No. 8 - Proposed Sensitive Lairds Amendment to the Development Code • Written Testimony Attachment 8 o Administrative Items: ■ Direction to Staff Regarding Town Hills and Over Coffee Discussions Attachment 8 Ask City Cotmcil members -Need volunteers to grill hamburgers and hot dogs at Family Fest - September 12, 5:30 p.rnm TIGARD CITY COUNCIL STUDY SESSION AGENDA - August 11, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 Council Calendar: August 1S Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 25 Tuesday Council Business Meeting - 6:30 pm, Red Rock Creek Conference Room-, 7:30 pm, Towle Hill 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 clcsedto 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 trans action negotiations. 192.660(2) {f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specificallyidentified ill the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations -involving matters of trade or commerce in which the governing bodyis competing with other governing bodies. 192.660(2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding cuiTent litigation or litigation likely to be filed. 192.660(2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opporturlity for public comment. 192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. 1AADM\Gthv\CG1 SS - Piuk S1Leet\2009/090310.dnc TIGARD CITY COUNCIL STUDY SESSION AGENDA - August 11, 2009 City of Tigard ~ 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 www.r-igard-or.gov I Page 2 S) City of Tigard Memorandum To: Chair Craig Dirksen and City Center Development Agency Board From: Sean Farrelly, Senior Planner Re: Summer Lake LLC Downtown Tigard Proposal Date: August 6, 2009 Several weeks ago Chair Dirksen and Director Henderson met with Summer Lake, LLC, a real estate development/ consultant firm. The firm has submitted a proposal, dated June 17, 2009, offering their services in developing an action plan for Downtown redevelopment. The proposal was distributed to the City Center Development Agency Board to determine their interest in pursuing such services. If the Board indicates interest at the August 11 th study session, a more in depth discussion twill be scheduled for the August 18 workshop meeting. To hire a consultant for the scope of work suggested in Summer Lake's proposal, City contracting regulations require the issuing of either a Request for Quotes (RFQ) or a Request for Proposals WP.) Both of these proposals require multiple quotes or proposals for the desired services. The June 17t11 Summer Lake proposal includes a budget estimate of $45,000, however it suggests this could be the first part of a multi-part effort. An RFP is required for contracts expected to be in excess of $50,000. It is a competitive formal sealed process that is legally binding and evaluated according to predetermined weighted standards and criteria. The RFQ process, for contracts expected to be under $50,000, is less restrictive, but requires a minimum of three competitive quotes from qualified firms. To engage consultant services, the CCDA would determine a desired scope of work and deliverables. Also, the CCDA would decide their and the City Center Advisory Commission's level of involvement in the ultimate selection of the consultants (participation in interviews, review of proposals.) The CCDA budget for FY 2009-10 includes $95,000 for Redevelopment/Marketing/Real Estate Studies and Assistance, and the proposed real estate consultant services could fall under this category. Approximately $12,000 of this budget is obligated for the Tigard Transit Center feasibility study. A portion of the budget balance had been contemplated to fund a Development Opportunity Study on several Burnham Street properties (the City's recently purchased property and an adjacent interested property owner.) In considering this proposal, the CCDA Board should be aware of other upcoming Downtown redevelopment items. A presentation by real estate consultants Johnson Reid, including principal Jerry Johnson, has been scheduled for the August 2511' CCDA meeting. The firm has worked on a feasibility study for the Tigard Transit Center site. While their study concluded that a large scale Transit Oriented Development is not currently feasible for the site due to the gap in development costs and achievable rents, their presentation will focus on what other steps the City could take to spur redevelopment. The Metro Transit Oriented Development program (who jointly funded the study with the City) has offered their assistance in organizing a developer's roundtable to have a candid discussion of the redevelopment opportunities and weaknesses in Downtown Tigard. A similar roundtable was organized in 2005 in conjunction with the TDIP and produced valuable advice and perspectives on Downtown development. Additionally, in November 2007, Leland Consulting presented the Downtown Redevelopment Strategy to the CCDA. This document provided strategic recommendations to guide the City and its partners to achieve the goals and objectives of the Tigard Downtown Improvement Plan. These recommendations have guided staff and the CCAC in making recommendations to the CCDA. Several of the recommendations have been or are currently being pursued by staff, or are under consideration by the CCAC. `A tfachm~~ Stunmer Lake LLC 510 SW Fifth Avenue Suite 400 Portland, Oregon 97205 503-997-33811 wdenecke a,s iritone.com June 17, 2009 Mr. Craig Dirksen Mayor, City of Tigard 13125 SW I-IalI Blvd Tigard, OR 97223 Dear Mayor Dirksen; S:e ES ; tNq 1-6(~ My colleagues Bruce Wood, Don Mazziotti and I have had a number of conversations with you, Tigard staff (Ron Btmch) and the Tigard downtown business community about downtown Tigard redevelopment issues. We understand from these discussions, and observing the lack of progress in downtown redevelopment, that Tigard has been unable to attract large scale redevelopment within the downtown core. Our team has extensive experience in development, planning and public/private project financing. We are confident with our joint skills, we can assist the city in positioning the downtown core area for future redevelopment. There are no magic bullets for bringing about redevelopment. There is a lot of long complicated work that goes into building the fouu-idations for successful real estate development. While we have the skills and experience,' we can not change the current economic enviromrient. The city should understand that no regional or national developer will consider a redevelopment project in Tigard for the next 18 to 24 months. The demand is not there for space and the credit markets are a year or two away from returning to a "normal" state. We do, however believe now is the time for the City of Tigard to design an action plan which identifies specific development opportunities in downtown Tigard. These opportunities should be economically feasible, attractive to developers and investors, and suitable for a private/public partnership. And such development must show a clear proven market demand as well as project performance that is clearly defined and articulated. We have outlined below a preliminary scope of work drafted as a starting point for discussions with the city. This scope is not cast in concrete; It is meant to be a starting point and likely the first phase of a multi phase effort. Scope of Work: Define major development issues: 1. Why has development not occurred? Is it due to lack of large land assemblage, lack of public funding or lack of public infrastructure, wrong demograplvcs, uncooperative land owners, or transportation access problems? Conduct work session with CCDA and designated city staff. Define nature of development challenge, priorities and current development limitations. Deliverable; written (2-4 pages) summary of major development issues. • Review Central City Development Agency structure. How does it function, and it able to effectively implement the City's redevelopment plans? If not, recommend changes to Agency needed to be more effective redevelopment partner. Deliverable: written summary of issues and recommendations. Review all major city redevelopment plan s (list those to be reviewed), synthesize and summarize major points and recommendations of prior plans/studies. Deliverable: prepare written summary as a unified development plan. Becomes working reference document that incorporates major city studies. Clarify with city leaders and major stakeholders key redevelopment requirements that must be incorporated into new development. Define city/pubic minimum requirements in terms of. open space, street improvements, housing, retail, job creation requirements, etc. Deliverable: Attend public forum with CCDA and prepare written summary of key development requirements. Identify 2-3 catalytic redevelopment projects for downtown Tigard. Where to locate, when to target ground breaking, how to structure public /private financing, and what type of development to include. Make recommendation on preferred first phase development project? Deliverable: prepare simple Concept Plan for each alternative that shows general land uses (housing, retail, office, parking, open space, etc) • Meet with private property owners holding land in likely redevelopment zones. Assess issues, willingness to cooperate with redevelopment plans. Deliverable: Summarize property owner positions. • Recommend general roe L-ty control structure and land assemblage needed to attract private developer working with cooperating land owners. Prepare project financial pro forma for the catalytic redevelopment projects. Note: This pro forma will be an initial rough estimate of various project costs and projected return on investment projections to investor and cost to city. It 9 - 'r will include assumptions concerning the use of public incentives and assistance, and specify, to the degree possible, the expected public benefit. • Outline process for redevelopment agency to use to select a private developer Deliverable: Submit written summary. • Evaluate alternative public financing plan that identifies other sources of public money for street improvements, land purchases, etc. Some form of significant public financing will be likely needed to attract private developer. 1. Identify other potential public infrastructure funding. Examples are: Oregon "Main Street" fielding, federal and state Brownfield finds via existing and new federal stimulus fi3nds, and or other public sources to leverage new development. Deliverable: Summarize findings and action plan City should pursue to secure new fiulding sources within the next twelve months. • Prepare detailed written development road ma that shows step b step. how the city will proceed with a plan to redevelop. Includes optional phase two or three work by the consultants. • Optional: Present real estate workshop to CCDA (and major stakeholders The objective is to provide an introduction to the real estate industry, including capital markets, finance, property types, pro forma development, risk, the development process, and a comparative overview between market driven real estate and public-private partnerships. This material will help city leaders make better more informed redevelopment decisions. Cost: Neuotiable Cost of Work: We estimate the above scope of work will require about four to five months of time to complete and cost $45,000. Payment can be made per each deliverable submitted to the city or as mutually agreed upon. We look forward to the opportunity to talk to you about our proposed scope of work and flow we can assist the city in moving redevelopment forward. We welcome the opportunity to discuss this proposal with the Tigard city council, Sincerely, Will Denecke cc: Bruce Wood Don Mazziotti A Lfarhme-RE Z MEMORANDUM TO: City Recorder Cathy Wheatley FROM: Senior Project Engineer Rob Murchison RE: Resolution Added to Agenda Item 3.3 - Approve a Contract with the Oregon Economic and Community Development Department (OECDD) as Part of the American Recovery and Reinvestment Act (ARRA) Stimulus Program Worth $4,796,000 and Authorize the City Manager to Sign the Contract DATE: August 11, 2009 The City received revised and supplemental contract documents from the Oregon Economic and Commtu-&y Development Department (OECDD) on August 6, 2009. After reviewing these documents, staff identified an OE®D requirement which necessitates the Council consider an ordinance or resolution as opposed to the motion presented in agenda item 3.3. The language in the attached resolution was proposed by OECDD and will fulfill their requirements. Therefore, staff is requesting the Council consider the attached resolution at the August 11, 2009 meeting in conjunction with agenda item 3.3. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION AUTHORIZING A LOW-INTEREST LOAN FROM THE SAFE DRINKING WATER REVOLVING LOAN FUND AND A "FORGIVABLE" LOAN BY ENTERING INTO A LOAN CONTRACT WITH THE OREGONBUSINESS DEVELOPMENTDEPARTNIENT WHEREAS, the City Council (the "Governing Body") of the City of Tigard (the "Borrower") finds: A. The Borrower is a community or nonprofit non-community crater system as defined in Oregon Administrative Rule 123-049-0010. B. The Safe Drirnld ng Water Act Amendments of 1996, Pub.L. 104182, as amended (the "Act"), authorize any community or nonprofit non-community water system to file an application with the Oregon Business Development Department ("the Department") to obtain financial assistance from the Safe Drinking Water Revolving Loan Fund. C The Borrower has filed an application with the Department to obtain financial assistance for a "drinking water project" within the meaning of the Act. D. The Department has approved the Borrower's application for financial assistance from the Safe Drinking Water Revolving Loan Fund pursuant to the Act. E. The Borrower is required, as a prerequisite to the receipt of financial assistance from the Department, to enter into a Financial Assistance Award Contract and a Loan Agreement with the Department. F. The project described in Exhibit "A" (the "Project") is a "safe drinlflng water project" within the meaning of the Act which is needed by and is in the public interest of the Borrower. G. Notice relating to the Borrower's consideration to authorize the City to enter into a contract with the Department was published in full accordance with the City of Tigard's charter and laws for public notification. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Loan Authorized. The Govcnu'ng Body authorizes the City Manager to execute the Financial Assistance Award Contract, Loan Agreement, the Promissory Note associated with the Loan Agreement (the "Financing Documents") and such other documents as may be required to obtain financial assistance including a loan from the Department on the conditions that: ■ The principal amount of the low-interest loan from the Department to the Borrower is not in excess of $2,398,000 and the interest rate on such loan is not in excess of 3.83 percent. ■ The forgivable loan from the Department to the Borrower is not in excess of `2,398,000. The proceeds of the low -interest loan and forgivable loan from the Department shall be applied solely to the "Casts of the Project" as such term is defined in the Loan Agreement. SECTION 2: Security. Amounts payable by the Borrower shall be payable from the sources described in the Loan Agreement which include: a. Any sources of funds that are legally available to the Borrower, RESOLUTION NO. 09 - Page 1 b. The revenues, if any, of the Project, including special assessment revenues, if any, and c. The Borrower's general fiord including the general revenues of the Borrower or other funds which may be available. The obligation of the Borrower to make payments pursuant to the Loan Agreement is a full faith and credit obligation of the Borrower that is not subject to annual appropriation. SECTION 3: Additional Documents. The City Manager is hereby authorized to enter into any agreements and to execute any documents or certificates which may be required to obtain financial assistance from the Department for the Project pursuant to the Financial Assistance Award Contract and the Loan Agreement. SECTTON4: Tax-Exempt Status. The Borrower covenants not to take any action or omit to take any action if the taking or omission wotild cause interest paid by the Borrower pursuant to the Loan Agreement not to qualify for the exclusion from gross income provided by Section 103(a) of the Internal Revenue Code of 1986, as amended. The City Manager of the Borrower may enter into covenants on behalf of the Borrower to protect the tax-exempt status of the interest paid by the Borrower pursuant to the Loan Agreement and may execute any Tax Certificate, Internal Revenue Service forrns or other documents as shall be required bythe Department or their bond counsel to protect the tax-exempt status of such interest. SECTTON5: This resolution is effective immediately upon passage. PASSED: This day of 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 09 - Page 2 Loan Agreement Exhibit A Page 1 of E PROXECT DESCRIPTION Recipient ivill, with the assistance of a licensed engineer, repair and retrofit the existing ten-million-gallon terminal reservoir to meet current building code, including seismic standards, retrofit the reservoir structurally for Future solar generation, construct a new pump station that is more energy efficient, install backup lower generation at the site, and abandon the existing pump station. r Financial Seticu rDZ5015 Ti0ord CcrVan dcc Revised as of 8/5/09- words insailieaut-tes proposed to be deleted. Exhibit C to proposed resolution - Agenda Item No. 4 on the 8/ 11/09 City Council Meeting Agenda. E) IIBIT C EXPLANATORY STATEMENT With passage of the Bond Measure, voters would direct the City of Tigard to preserve clean water, auquir-a land,, de~,,eh)"afks-and#ails, -a-H(4 protect natural areas, lands near rivers, creeps and streams, and wildlife habitat throughout Tigard. Passage of the Bond Measure would help to achieve the safeguarding of water quality, natural areas and wildlife while managing the impacts of growth. The $20 million general obligation bond measure would allow for the implementation of a significant portion of the Tigard Park System Master Plan, including: • The preservation of clean water throughout Tigard through the acquisition of sensitive lands near rivers, creeks, streams and wetlands. • The acquisition of natural areas to solely provide for protection of critical natural resources, including rare, and state and federally listed species, with the goal of natural areas within a half mile of every Tigard resident in order to provide access to passive recreation and natural education opportunities to residents of all ages. • The acquisition of land for the creation of high quality parks and natural areas for both active and passive recreation, with the goal of parks within a half.-mile of every Tigard resident in order to provide access to active and passive recreation opportunities for residents of all ages. • The acquisition of land and easements. for the creation of an interconnected regional and local system of on- and off- road trails and paths that link together neighborhoods, parks, natural areas, major urban activity centers and regional recreational opportunities In the first year following its passage, the 2009 Water, Natural Areas and Wildlife Bond Measure would likely cost property owners 32 cents per $1,000 of assessed value. For the;average homeowner, the total annual cost is likely to be $ 5.41 per month or $65 per year. Additionally, all spending from this measure would be subject to oversight by the Tigard Parks and Recreation Board and audits within the City's yearly audit to ensure that all funds are spent efficiently and appropriately. By law, no money from the measure can be used for administrators' salaries. RESOLUTION NO. 09 - Page 5 ffach m pn~ Written Testimony Agenda Item No. 4 8/11/49 Proposed Ballot Measure Frewing, John Beill-~e, Sue f:\Gt}~idc\Cuuncil PacLu\Packet X9107061]\lY:'riucn"I"cstiinan}' ~ilIOL title list of names.do" e Cathy Wheat) From: Craig Dirksen [craigd@tigard-or.gov] Sent: Monday, August 10, 2009 11:55 AM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Agenda Item 4, 8111 Council Meeting, Ballot Title Follow Up Flag: Follow up Flag Status: Completed From: ]frewing[SMTP:.IFREWING(a7TELEPORT.COM1 Sent: Monday, August 10, 2009 11:54:50 AM To: Craig Dirksen Subject: Agenda Item 4, 8111 Council Meeting, Ballot Title Auto forwarded by a Rule Mayor Dirksen and Council Members, C(n nku , I would like to enthusiastically support a ballot measure for clean water, natural areas and wildlife habitat in Tigard, but see some problems and 'hidden' agendas in the material presented as Agenda Item 4 for the 8/11 council meeting. 1. The ballot title reads 'preserve clean water, natural areas and wildlife habitat', but the agenda item speaks to 'parks, open space and trails'-- two quite different concepts. This difference must be resolved by clearly specifying what the bond money will be used for; if it is for both purposes, both purposes should be in the ballot title and the explanatory statement should state how much money will be spent on each of the two topics. 2. The agenda item discussion makes only one reference to details of this activity - directing the reader to the Parks and Recreation Master Plan (PRMP). In the PRMP, there is absolutely no identification of a program or capital projects to preserve clean water, natural areas or wildlife habitat. The PRMP is directed wholly to 'Community Parks, Neighborhood Parks, Linear Parks, Special Use Area, Regional Trail and Local Inter-Connector Trail' projects. These identified projects, in the 'recommendations' section of the PRMP found at pages 51 - 78 of the document and listed in Appendix C of the PRMP, talk about development in all parks of 'amenities' such as playground, trail, benches, activity oriented features (court, fields), trash receptacles and restrooms no mention of areas for clean water preservation, natural areas or wildlife habitat. 3. Tlie only mention in the PRMP of areas related to clean water, natural areas or wildlife habitat occurs when mentioning 'limitations due to the Metro Greenspaces bond funds used to purchase's everal sites, and when identifying open water or wetland areas which are protected by other laws and regulations. In fact, on page 65, the PRMP states 'Existing open space classifications in the Comprehensive Plan lack a clear management direction that would assist the community in identifying, for example, land that is protected for ecological values and land that would support nature-oriented recreation.' Thus, there is no identification in the PRMP of lands for'preserving clean water, natural areas and wildlife habitat' and the result is that there is no basis for spending the money specified in the proposed ballot title. 4. The packet material indicates that the proposed bond money would be spent for'acquisition, development and preservation of parks, natural areas, claen water, open space and trails', leaving out the concept of buying and protecting areas for wildlife habitat. Let's get all the various statements of purpose in line with each other and be clear about how much money will go for each element. 5. The packet material indicates that the bond money will be used to leverage SDC funds and thereby achieve greater achievements. I urge you in the current update of the SDC methodology to consider changes which will achieve this same purpose. Perhaps the bond measure should await the SDC update to enable voters to see what City Council can do with this methodology change before resorting to city-wide taxes. 6. I have raised in other proceedings the observation that Tigard has no plans or regulations to protect natural areas and wildlife habitat; I urge you to ask the Parks and Rec Board and staff to update the PRMP to include policy, needs and recommendations as specific as possible in this area perhaps the proposed bond amount is too small or too large, and we should know our needs before going to the public for monies. 7. I am concerned that with the current vagueness and conflicting wording of the ballot title, explanation and legislative background for adoption, that all of the bond monies will be spent for somewhat intensive development of park areas for human activity and none of the bond monies will be spent for 'water quality, natural areas and wildlife habitat'. Please consider these notes before tomorrow's City Council meeting. I hope to be there and hear both staff and your own thoughts on the matter. Thanks, John Frewing .1 1 Su e- 8~ L LL Ct Cagy Wheatley JZr\GtCL J~f-c~ AJo k/ From: Craig Dirksen [craigd@a tigard-or.gov] Sent: Tuesday, August 11, 2009 11:44 AM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Agenda Item #4 for Council meeting of 8111109 From: Sue Beilke(SMTP:SBEILKE(a~EUROPA.COM] Sent: Tuesday, August 11, 2009 11:44:11 AM To: Craig Dirksen Cc: Patricia Leonard; Jeff Payne; 'Tualatin Riverkeepers & Friends'; John Frewing Subject: Agenda Item #4 for Council meeting of 8/11109 Auto forwarded by a Rule Mayor Dirksen and Council Members, We are writing to say we are very pleased to hear Tigard is proposing a ballot measure for the city to raise funds to protect and conserve our water, natural areas and wildlife habitat in Tigard, in addition to purchasing additional lands for habitat and wildlife. This is something many of us have as you know, advocated for many years, in the hopes of protecting our native habitats before they are developed and lost forever. Tigard has the good fortune to still have rare species such as the western pond and painted turtles in our city, as well as the very rare Oak/Camas plant community, which has been reduced to less than 1 % in the Willamette Valley. We know of several areas, such as the Fowler woods site, that need permanent protection as this site contains all 3 of the previously mentioned species/habitats which is quite unique. The neighbors around Fowler site have seen the turtles in the past years and have enjoyed the many birds and other wildlife that use this site all the way north up to Tigard street, east to Fanno Creek, south to Summer Creek and west to the edge of the property. We would like to keep it in its natural state as a "Natural Area" to be enjoyed by the community and to be a part of the environmental education effort that Fans and the Tualatin Riverkeepers are involved in. It is truly a jewel in the city. We also support this ballot measure to support parks and recreation, but this must be balanced with the community's desire to retain our natural areas, as mentioned above. We certainly hope that our remaining natural areas are not converted to concrete basketball courts as happened at Bonita Park. That area was historically an Oak/Camas prairie and is now lost forever. It would be good to have a list of sites proposed for acquisition up for the community to review and to also get citizens to submit sites to be purchased and preserved. John Frewing and I and a number of citizens worked very hard in 2004 to get support for a ballot measure, we put a list together of target sites, and some of these are still available for purchase and these should certainly be considered as we had full support of the P&R Board at that time. In addition to the ballot measure, the Parks and Recreation Management Plan needs to be revised so that it includes specific language addressing how we will protect natural areas and wildlife, including policies and recommendations from citizens, professional biologists, etc_ In order for our members to fully support this ballot measure, we would like to see clear and defined details of how the money raised would be allocated prior to it going for a vote. The community needs to be involved in the ballot measure and needs a chance to weigh in on how we would like to see $20,000,00 of our hard earned money spent. Thank you for your consideration in this matter. Sincerely, Sue Beilke, Board Member. Fans of Fanno Creek and Friends of Summer Creek I 1 For August 7 Council Newsletter: Attached is a revised Exhibit C (Explanatory Statement) for the proposed resolution for a ballot measure for the November 3, 2009, election for a bond issue to preserve clean water, natural areas, wildlife habitat (Agenda Item. No. 4 on the August 11, 2009 City Council Agenda). In a late draft of the Explanatory Statement, staff added language to the Explanatory Statement. Upon advice from legal counsel, this additional wording is not necessary. Counsel advised that the Explanatory Statement supplements the language in the ballot measure and the ballot measure determines whether something is eligible to be financed using bond proceeds. The words proposed to be deleted are shown with sb!ikeat marks in the attached Exhibit C. IAGtywitie\Council Packets\Paeket'o9\o9os11wor August 7 Council Newsletter.docx ]VO. City of Tigard ~ ` ~ ! • ~'c C~~~t ~'1C'<< Memorandum ~ To: Mayor and Honorable City Council From: Toby LaFrance, Director of Finance and Information Services Re: Tigard - Tualatin Aquatics District Financial Pro Forma Date: August 10, 2009 Consideration to approve a petition proposing the formation of the Tigard - Tualatin Aquatics District (TTAD) is on the agenda for the August 11, 2009 Council meeting. Since the presentation on July 21st, I have been in contact with Paul Meade, Mike Branam, and Pamela Griffith about the financial pro forma of the proposed TTAD. They have been very responsive and cooperative throughout this process. I have reviewed the revised materials that are in your August 11th packet. Below is a summary of my comments: The changes we agreed on are reflected in the Assumptions and the Pool Pro Formas. Those changes are: o Increases in Payroll related costs have been changed from 3% to 5%. o Increases in Contractual Employee Benefits (e.g.: Medical & Dental) have been changed from 3% to 10%. o Uncollected Property Tax has changed from 5% to 6%. o Budgeted FTE is documented. The increase expenses and decreased revenue collection as a result of these changed assumptions will require the TTAD to maintain a Tax Assessment of $0.09/$1,000 throughout the 10 year analysis. Previously, the assessment decreased in the fourth year. The fourth page of the Economic Feasibility Statement that is in your packet that was delivered Friday August 7tl', has not been updated. This page contains financials for FY 2011 & FY 2013. I contacted Cheryl Coupe and she e-mailed me an updated page. It is attached. A revised Fact Sheet has not been provided in the packet. The original Fact Sheet based the amount paid by a resident would be $24 - $30 per year based on a $300,000 home. The average assessed value of a Tigard home is $206,920. Using this as the basis, then the average resident will only pay $16.50 to $20.70 per year for the TTAD. Overall, I am satisfied that the revised financials are representative of the cost of operating the TTAD as outlined in the Economic Feasibility Statement. I have two remaining concerns that go beyond an analysis of the financials. First, the financials assume various quid pro quo services between the TTAD and the Tigard - Tualatin School District (TTSD); however, an intergovernmental agreement is not established. If any of the aspects of the assumed services should change, it will have an impact on the financials. Second, the TTAD follows the boundaries of the TTSD, leaving out a small portion of the City of Tigard boundaries. ;e , Tigard-Tualatin Aquatics District Economic Feasibility Combined Pools Revenue Passes Lessons Rental Miscellaneous 30,238 31,768 107,625 113,074 54,838 57,614 22,550 23,692 Total Revenue Expenditures Salaries PIERS Social Security Other Required Payroll Costs Contractual Employee Benefits Total Wages & Benefits Property Services Utilities Other Travel Communication Non Instructional Consumable Supplies Non-Consumable Supplies Computer Hardware Depreciable Assets Dues and Fees Insurance Total Expenses Fund Surplus / (Deficit) Tax Assessment Beginning Fund Balance Ending Fund Balance Projected Assessed Value Tax Assessment - $.09/1000 Collected Tax Assessment 215,250 226,147 293,475 32,550 21,525 21,525 71,500 440,575 176,130 10,300 1,030 1,030 36,050 37,595 12,875 2,060 115,900 2,060 30,900 323,556 35,886 23,731 23,731 86,515 493,420 186,856 10,927 1,093 1,093 38,245 39,885 13,659 2,185 107,782 2,185 32,782 866,505 930,113 (651,255) (703,966) 710,327 753,586 81,888 249,891 140,960 299,511 8, 396, 298,123 755,667 710,327 8,907,632,678 801,687 753,586 A f-Each m e4 (o Cathy Wheatley From: Craig Prosser Sent: Thursday, August 06, 2009 4:10 PM To: Dennis Koeliermeier, Toby LaFrance; Cathy Wheatley; Ron Bunch Subject: FW: Updated economic feasibility report Attachments: ECONOMIC FEASIBILITY STATEMENT updated 080609.doc; Economic Feasibility Statement Attachment updated 080609.x1s FYI From: Cheryl Coupe [mailtc):cheryi@scribo.net] Sent: Thursday, August 06, 2009 4:10 PM To: Paul Hennon; Craig Prosser Cc: Pamela Griffith; Kathy Stallkamp Subject: Updated economic feasibility report z ~zn -f,4cm r~o- 5~ la) V41C. D11-S-1r1A Paul and Craig, Attached is the updated economic feasibility report and supplemental spreadsheets showing the higher estimates and $.09 per thousand the full ten years. We believe this is much more conservative than will be necessary, but we're happy to provide this if both cities are more comfortable with it. Please let me know if there's anything else you need. Cheryl Cheryl Berglund Coupe Freelance technology writer & editor 503.705.4189 the yI(a-)scribo.net www.scribo.net , Upda-~ 82- (o - 0 9 ECONOMIC FEASIBILITY STATEMENT For the Proposed Tigard-Tualatin Aquatic District 1. Introduction Oregon law requires petitioners to file an economic feasibility statement with the county clerk before circulating a petition for the creation of a special district- The economic feasibility statement must contain a description of the services and functions to be performed or provided by the proposed district, an analysis of the relationships between those services and functions and other existing or needed government services, and a proposed first-year line item operating budget and projected third-year line item operating budget for the new district that demonstrate its economic feasibility. ORS 198.749. II. Background The Tigard-Tualatin School District (TTSD) owns and operates pools at Tigard and Tualatin High Schools (the Aquatic Centers). The Tigard Swim Center is located at 8680 SW Durham Rd., Tigard, OR. The Tualatin Swim Center is located at 22380 SW Boones Ferry Road, Tualatin, OR. The Aquatic Centers were built (and later upgraded) using bond funds that will continue to be paid by TTSD residents through 2016 whether or not the centers remain open. TTSD can no longer afford to operate the Aquatic Centers, which have a combined average net loss of approximately $500,000 - $600,000 per year. Unless alternative funding is found, both Aquatic Centers will be permanently closed. The purpose of the proposed Tigard-Tualatin Aquatic District (TTAD) is to assume responsibility for the operation and management of the Aquatic Centers for the benefit of the local community. If approved by voters, TTAD will be funded by a permanent but limited tax levy that will provide a stable funding source for operating the Aquatic Centers. III. Description of Proposed Services and Functions of the Tigard-Tualatin Aquatic District The Aquatic Centers currently are used by approximately 500 people per day during the school year and 1000 people per day during the summer. They typically are open 130- 150 hours per week. The function of TTAD would be to manage and operate the Aquatic Centers. The types of services provided by TTAD would be substantially similar to those now provided at the Aquatic Centers and would include the following: School Use (approximately 20% during the school year) • high school aquatic classes (PE) • water polo team practices and games • swim team practices and meets • sports conditioning Cormnunity Use (approximately 80% during the school year; 100% outside of school hours) • youth swim lessons • fitness and exercise classes • physical therapy • open swim for recreational and family use • lap swim • competitive swim club • water polo club • special-use rentals • scuba training • lifeguard and water safety instruction • law enforcement and water rescue operations • special events (e.g. triathlons; youth parties). TV. Analysis of Relationships Between Services to be Provided by Tigard- Tualatin Aquatic District and Other Existing or Needed Government Services The boundaries of TTAD will include territory in the cities of Tigard, Tualatin, King City and Durham. Other than the Aquatic Centers, there are~no public swimming pools in these cities. The smattering of private pools do not serve most of the community, are not affordable for many people, may be outdoors (so are unavailable for significant portions of the year), and do not have the capacity to absorb the pool needs currently served by the Aquatic Centers. The services to be provided by TTAD currently are provided by TTSD. However, TTSD has expressed intent to discontinue long-term funding of the operations of the Aquatic Centers, thus creating the necessity for TTAD. TTSD will continue to own the Aquatic Centers after the formation of TTAD. TTAD will enter into a contract with TTSD that will likely include a long-terns lease of the pools from TTSD as well as a provision requiring a certain amount of pool use to be reserved for school activities such as swim classes and high school teams. E V. Operating Budgets TTAD will be managed by a board of five unpaid directors elected at-large from residents of the district. Funds collected by a tax levy to be approved by voters will be managed by TTAD's board as required by law. The board will hire necessary personnel and pay operating and maintenance costs for the Aquatic Centers as specified in the contract with TTSD. TTAD's operations will be funded by a permanent tax levy in the probable amount of 9 cents per $1,000 of assessed value of real property within the district. The district boundary is presumed to be the boundary of TTSD, which incorporates part or all of the cities of Tigard, Tualatin, Durham, and King City as well as unincorporated areas in Washington and Clackamas counties. TTSD is a recogluzed district with the Washington County election division and property assessment data is available. The projections attached hereto are based on that data. Attached hereto are a ten-year budget forecast, including assumptions on which the budget is based, as well as a year-one and year-three line item operating budget demonstrating the economic .viability of TTAD. The budget is based on levying up to the . full amount. of 9 cents per $1,000 of assessed value in each year. The TTAD board of directors will decide the actual levy amount each year of operation based on actual and anticipated costs for that year. The proposed permanent tax levy for TTAD will not cause the total local government tax rates to exceed those authorized by law. The compression loss amounts for the affected cities are: Tualatin 3.50 Tigard 3.56 King City none Durham none Tigard-Tualatin Aquatics District Economic Feasibility Combined Pools Up~a-I--ec1 8 - cP - 09 Revenue Passes 30,238 31,768 Lessons 107,625 113,074 Rental 54,838 57,614 Miscellaneous 22,550 23,692 Total Revenue 215,250 226,147 Expenditures salaries 287,885 305,417 PIERS 31,930 33,875:. , Social Security 21,115 22,401 Other Required Payroll Costs 21,115 22,401 Contractual Employee Benefits 66,950 71,027 Total Wages & Benefits 428,995 455,121 Property Services Utilities 176,130 186,856 Other 10,300 10,927 Travel 1,030 1,093 Communication 1,030 1,093 Non Instructional 36,050 38,245 Consumable Supplies 37,595 39,885 Non-Consumable Supplies 12,875 13,659 Computer Hardware 2,060 2,185 Depreciable Assets 115,900 107,782 Dues and Fees 2,060 2,185 Insurance 30,900 32,782 Total Expenses 854,925 891,813 Fund Surplus 1(Defcit) (639,675) (665,666) Tax Assessment 717,883 676,980 Beginning Fund Balance 89,224 308,461 Ending Fund Balance 167,433 319,775 Projected Assessed Value 8,396,298,123 8,907,632,678 Tax Assessment - $.09/1000 755,667 712,611 Collected Tax Assessment 717,883 676,980 Tigard-Tualatin Pool Budget 10 Year Budget Assumptions 1. Revenue grows at a rate of 2.5% per year. 2. Salaries, PERS, SS and other required payroll costs increase at 5%lyr. Contactual employee benefits increase at 10%/yr. 3. Other expense increase on average 3%/yr. 4. Insurance costs of $15,000 per pool in year one 5. Specific maintenance items per Mike Branam, $30,000 of annual capital expenditures plus four unknow $75,000 maintenance projects. 6. School district continues to provide accounting and maintenace service in return for use of pools. 7. Assessed value for SD# 23 Tigard-Tualatin grows at a rate of 3% per year. 8. Tax assessment of $.09 per thousand of assessed value, less 6% uncollected. 9. Budgeted FTEs as follows: 2 full times employees (same as current) 3 314 time employees (will add 1 to equalize pool programs) 3 112 time employees (same as current) 1 114 time employee (new admin position) Total 6.0 FTE Tigard-Tualatin Aquatics District 10 Year Pro Forma Combined Pools Revnnun Passes Lessons Rental .Miscellaneous Total Revenue Budgeted FTEs Expenditures Salaries PERS Social Security Other Required Payroll Costs Contracluai Employee Benefit, Total Wages & Benefits Property Services Utilities 001or Travel Communication Nan Instructional Consumable Supplies Mon-Consumable Supplies Computer Hardware Depreciable Assets Dues and Fees Insurance Total Expenses Fund Surplus ! (Deficit) Tax Assessment Beginning Fund Balance Ending Fund Balance 2015' _ _ 2616' _ _20.18 ..2079 _ 21120: . _2610' 2014. 2012 2013 201'4....._... 29,500 30,236 30,993 31,76B 32,552 33,377 34,211 35,066 35,943 36,541 105,000 107,625 110,316 113,074 115,960 118,798 121,766 124,812 127,932 131,131 53,500 54,838 56,208 57,614 59,054 60,530 62,044 63,595 65,165 66,814 22,000 22,550 23,114 23,692 24,284 24,891 25,513 26,151 25,1305 27,475 210,000 215,250 220,631 226,147 231,801 237,596 243,536 249,624 255,865 262,261 6.0 0,D 6.0 6.0 6,0 6.0 6.0 6.0 6.0 6.D 279,500 293,475 308,149 323,556 339,734.. 356,721 374,557 393,285 412,949 433,596 31,000 32,550 34,178 35,886 37,681 39,565 41,543 43,620 45,801 40,091 20,500 21,525 22,601 23,731 24,918 26,164 27,472 28,646 30,288 31,802 20,500 21,525 22,601 23,731 24,918 - 26,164 27,472 28,846 30,288 31,802 .65,000 71,500 78,650 86,515 95,167 104,683 115,151 126,867 139,333 153,267 416,500 440,575 456,179 493,420 522,417 553,296 586,195 621,252 656.659 69B,559 171,000 176,130 1131,414 1a6,656 192,462 198,235 204,183 210,308 216,618 223.116 10,000 10,300 10,609 10,927 1i.255 11,593 11,941 12,299 12,668 13,048 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 1,900 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,257 1,305 35,000 36,050 37,132 36,245 39,393 40,575 41,792 43,046 44,337 45,657 35,500 37,595 38,723 39,B85 41,081 42,314 43,583 44,890 46,237 47,624 12,500 12,875 13,261 13,659 14,069 14,491 14,926 15,373 15,035 16,310 2,000 2,060 2,122' 2',165 2,251 2,319 2,3159 2,460 2,534 2,610 100,250 115,900 57,827 107,762 100,765 109,778 110,822 111,896 38,003 294,143 2,000 2,080 2,122 2,185 2,251 2,319 2,386 2,460 2,534 2,6`10 30,000 30,900 31,827 32,782 33,765 34,778 35,622 36,895 39,003 39,143 817,750 866,505 B43,337 930,113 969,960 1,012,016 1,055,426 1,103,351 1,077,960 1,385,438 (607,750) (651,255) (622,705) (703,965) (736,160) (774,420) (812,891) (953,727) (822,095) (1,123,177) 689,638 710,327 731,637 753,586 776,103 799,479 623,463 848,167 873,612 999,821 81,898 140,960 249,891 299,511 337,544 352,603 373,176 367,617 419,134 91,686 140,960 249,B91 299,511 337,544 362,603 373,176 367,617 419,134 195,778 Projected Assessed Value 13,151,745,750 8,396,296,123 6,648,187,066 6,907,632,676 9,174,661,659 9,450,107,506 9,733,610,734 10,025,619,056 10,326,387,627 10,636,179,256 Tax Assessment - $.0911000 733,657 755,667 778,337 601,687 625,736 85D,510 676,025 902,305 929,375 957,256 Collected Tax Assessment 689,63B 710,327 731,637 753,586 776,193 799,479 623,463 848,167 873,612 B99,B21 Tigard-Tualatin Aquatics District 10 Year Pro Forma Tigard Pool Revenue Passes 21,200 21,730 22,273 22,830 23,401 23,986 24,586 25,200 25,630 26,476 Lessons 67,000 66,675 70,392 72,152 73,965 75,684 77,699 79,642 61,633 63,674 Rental 40,600 41,820 42,066 43,937 45,036 46,151 47,315 48,498 49,711 50,954 Miscallaneous 12,000 12,300 12,606 12,923 13,246 13,577 13,916 14,264 14,621 14,966 Total Revenue 141,000 144,525 148,13B 151,642 155,638 159,529 163,517 167,605 171,795 176,090 Exoanditures Salaries 124,500 130,725 137,251 144,124 151,331 158,897 166,842 175,184 183,943 193,140 PERS 13,000 13,650 14,333 15,049 15,802 16,592 17,421 18,292 19,207 20,167 Social Security 9,500 9,975 10,474 10,997 11,547 12,125 12,731 13,367 14,036 14,736 Other Required Payroll Costs 9,000 9,450 9,923 10,419 10,940 11,487 12,061 12,664 13,297 13,962 Contractual Employee Bonetits 32,500 35,750 39,325 43,256 _ 47,583 52,342 57,576 63,333 69,667 78,633 Total Wages S. Benefits 108,500 199,550 211,315 223,847 237,202 251,441 265,631 262,841 300,150 318,641 Properly Services - - - Ulilities 64,000 65,920 87,896 69,935 72,033 74,194 76,419 76,712 61,073 63,505 Other 5,000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 6,334 6,524 Travel 500 515 530 546 563 580 597 615 633 652 Communication 500 515 530 546 563 580 597 615 633 652 Non Instructonal 15,000 15,450 15,914 16,391 16,883 17,389 17,911 18,448 19,002 19,572 Consumable Supplies 17,500 18,025 18,586 19,123 19,696 20,287 20,696 21,523 22,160 22,834 Non-consumable Supplies 5,000 5,150 5,385 5,46.4 5,628 5,796 5,970 6,149 6,334 6,524 Computer Hardware 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 Depreciable Assets 45,250 100,450 41,914 16.391 91,683 17,389 17,911 93,446 19,602 19,572 Dues and Fees 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 Insurance 15,000 15,450 15,914 16,391 16,883 17,389 17,911 16,446 19,002 19,5' 2 Total Expenses 358,250 426,235 385,311 376,282 469,211 413,160 433,201 529,408 476,864 500,656 Fund Surplus t (Deficit) (217,250) (283,710) (237,172) (224,441) (313,573) (253,632) (269,684) (361,904) (305,069) (324,567) I Tigard-Tualatih Aquatics District 10 Year Pro Forma Tualatin Pool 2010'.,: 2611. .2012 ..2013 _ 2014. .e 2015'. 2616 2618 I . ..20f9 L ..2020 Revenue Passes 8,300 8,506 B,720 8,938 9,162 9,391 9,625 9,866 10,113 16,365 Lessons 38,600 38,950 39,924 44,922 41,945 42,994 44,068 45,170 46,299 47,457 Rental 12,700 13,018 13,343 13,677 14,01B 14,369 14,72B 15,096 15,474 15,661 Miscellaneous 10,060 10,250 10,506 10,769 11,038 11,314 11,597 11,867 12,1 B4 12,4139 Total Revenue 69,000 70,725 72,493 74.305 76,163 76,067 80,019 82.019 84,076 66,172 Expenditures Salaries 155,000 162,750 170,888 179,432 18B,403 197,624 207,715 218,101 229,006 240,456 PERS 18,000 16,900 19,645 20,837 21,879 22,973 24,122 25,328 26,594 27,924 Social Security 11,000 11,550 12,128 12,734 13,371 14,039 14,741 15,478 16,252 17,065 Other Required Payroll Costs 11,500 12,075 12,679 13,313 13,978- 14.677 15,411 16,182 16,991 17,846 Contractual Employee Benefits 32,500 35,756 39,325 43,258 47,593 52,342 57,576 63,333 69,667 76,633 Total Wages & Benefits 228,000 241,025 254,664 269,573 265,215 301,855 319,564 338,421 358,509 379,916 Property Services - - - - - - - - Utilities 107,000 110,210 113,516 116,922 120,429 124,642 127,764 131,697 135,544 139,611 Maintenance 5,600 5,150 5,305 5,464 5,626 5,796 5,970 6,149 6,334 6,524 Travel 500 515 530 545 563 500 597 615 633 652 CCmmcnlCatlon 500 515 530 546 563 5136 597 615 633 652 Non Instructional 20,000 20,600 21,218 21,855 22,510 23,185 23,681 24,597 25,335 26,095 Consumable Supplies 18,Oca 19,570 20,157 20,762 21,385 22,026 22,687 23,368 24,069 24,791 Non-Consumable Supplies 7,500 7,725 7,957 8,195 8,441 8,695 8,955 9,224 9,501 9,786 Computer Hardware 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,236 1,267 1,305 Depreciable Assets 55,006 15,450 15,914 91,391 16,8133 92,389 92,911 1B,446 19,002 274,572 Dues and Fees 1,000 1,030 1,051 1,093 1,126 1,159 1,194 1,230 1,267 1,345 Insurance 15,000 15,456 15,914 16,391 16,083 17,369 17,911 18,446 19,002 19,572 Total Expenses 459,500 438,270 458.026 553,630 500,750 598,856 623,225 573,942 601,096 884,782 Fund Surplus ! (Deficit) (390,500 367,545 385,533 479.525 424,567 520,788 543,207 491,923 1517,028 79B,616 Capital Maintenance Schedule Tigard Miscellaneous 15,000 15,450 15,914 16,391 16,883 17,389 17,911 18,448 19,002 19,572 Paint Natitorium 85,000 Repair Gutters 5,000 Repair Diving Board 4,250 Replace Exterior Doors 21,000 Replace Boys Lockers 26,000 Unknown 1 75,000 Unknown 2 75,000 Total 45,250 100,450 41,914 16,391 91,683 17,389 17,911 93,448 19,002 19,572 Tualatin Miscellaneous 15,000 15,450 15,914 16,391 16,883 17,389 17,911 18,448 19,002 19,572 Re-plaster Pool 75,000 Replace Baiter 40,000 Replace Roof 255,000 Unknown 1 75,000 Unknown 2 75,000 Total 55,000 15,450 15,914 91,391 16,883 92,389 92,911 18,448 19,002 274,572 Barrow, Linda Boise, Raina Butcher, Dawn Charboneau, Jill Dunmire, Gary & Nina Ferguson, Lynne Frisiras, Christine Gamache, Cheri Gills, Diane Glazier, Don Hames, Art & Doreen Harrison, Cindy Hershinow, Rob Jehnke, Debi Johnson, Patrick Johnson, Susan Kaeding, Mari Lethbridge, Holly & Adrian McCarty, Sarah Middleton, Shyla P. Mobley, Dawn Pitkin, Norman Rogers, Jennifer & family Shields, Larry R. Smith, Tami Speth, John Sun, Susan Tello, Luis H. Tillotson, Lisa Westerlund, Bev Willis, Rosemary Wilson, Jared Winkler, Lynne Wolfe, George & Andrea Yau, Siew-Gek Norma Deuel ac-ft rn QX4 Joanne Bengtson From: Marland Henderson [Mar[and@tigard-or.gov] Sent: Wednesday, August 05, 2009 9:08 AM To: Liz Newton; Craig Prosser; Councilmai Councilman Subject: FW: Tigard/Tualatin Pool's Topic From: Lou Ogden SMTP:LOU.OGDEN@JUNO.COM Sent: Wednesday, August 05, 2009 9:01:26 AM To: barrow5@comcast.net Cc: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood; Jav@H-Mc.com; smbeikman@vedzon.net, maddux0l @verizon.net, etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; slombos@ci.tualatin.or.us Subject: Re: Tigard/Tualatin Pool's Topic Auto forwarded by a Rule Thanks for your support of the proposed district. I am fully in favor of this and very grateful for all the hard work and dedication of the folks putting this together. I want to be sure it is well coordinated with the City so it can be complimented with any future recreation programs we or another district may provide in the future. Lou Thanks, Lou Ogden, Resource Strategies Planning Group Group Benefits & Life, Health, Disability, and Long Term Care Insurance for Businesses and Individuals 21040 SW 90th Ave., Tualatin, OR 97062; Phone (503) 692-0163; Fax (503) 914-1699; lou.o dg em@juno.com On Tue, 4 Aug 2009 15:39:32 -0700 "Linda Barrow" <barrow5 @comcast.netb writes: To Whom it May Concern, I am the parent of Tigard and Tualatin School age children. Our pools in our community are important for everyone of every age. If the pools are taken away then Football Fields, Basketball Courts, and Baseball Fields should go too. You can't banish one sport for a select group of people and keep others. Yes, the pools are expensive but what a waste to disregard something we already have. Instead of budgeting for future things, let's take care of the positive things that we do have in our community. Why take away something that creates fitness for many? We could have more children sitting in front of a television sets if we allow all of the positives to go away. Yes, the economy is bad, but a swimming pool ban, should not even be of discussion. There were even pools in the Great Depression. In the 1920's and 30's they made sure that baseball fields, pools etc. where available for fitness and stress relievers. Read articles from the Great Depression. Also, my 87 year old mother lived through the depression. They all loved to swim. Hearing about the pool situation in TigardlTualatin upsets me as a member of this community. It upsets me to think that we can't even provide to the community what we already have, yet just today our road 150th was re- graveled and paved. Was this ABSOLUTELY NECESSARY? How much did that cost? What is absolutely necessary, and what is in great working order but needs to just be maintained? Maintain first, ADD Joanne Bengtson From: Marland Henderson [Marland@tigard-or.gov] Sent: Wednesday, August 05, 2009 9:08 AM To: Liz Newton; Craig Prosser; Councilmail Councilmall Subject: FW: Tigard/Tualatin Pool's Topic From: Lou Ogden[SMTP:LOU.OGDEN@JU_NO.COM Sent: Wednesday, August 05, 2009 9:01:26 AM To: barrow5@comcast.net Cc: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood; Ja @H-Mc.com; smbeikman@verizon.net; maddux0l @verizon.net; etruax@royalaa.com; Chris@mustard eo le.com; ioelle.d.davis@ mail.com; slombos@ci.tualatin.or.us Subject: Re: Tigard/Tualatin Pool's Topic Auto forwarded by a Rule Thanks for your support of the proposed district. I am fully in favor of this and very grateful for all the hard work and dedication of the folks putting this together. I want to be sure it is well coordinated with the City so it can be complimented with any future recreation programs we or another district may provide in the future. Lou Thanks, Lou Ogden, Resource Strategies Planning Group Group Benefits & Life, Health, Disability, and Long Term Care Insurance for Businesses and Individuals 21040 SW 90th Ave., Tualatin, OR 97062; Phone (503) 692-0163; Fax (503) 914-1699; lou.ogden@iutio.com On Tue, 4 Aug 2009 15:39:32 -0700 "Linda Barrow" <barrow5 @comcast.net> writes: To Whom it May Concern, am the parent of Tigard and Tualatin School age children. Our pools in our community are important for everyone of every age. If the pools are taken away then Football Fields, Basketball Courts, and Baseball Fields should go too. You can't banish one sport for a select group of people and keep others. Yes, the pools are expensive but what a waste to disregard something we already have. Instead of budgeting for future things, let's take care of the positive things that we do have in our community. Why take away something that creates fitness for many? We could have more children sitting in front of a television sets if we allow all of the positives to go away. Yes, the economy is bad, but a swimming pool ban should not even be of discussion. There were even pools in the Great Depression. In the 1920's and 30's they made sure that baseball fields, pools etc. where available for fitness and stress relievers. Read articles from the Great Depression. Also, my 87 year old mother lived through the depression. They all loved to swim. Hearing about the pool situation in Tigard/Tualatin upsets me as a member of this community. it upsets me to think that we can't even provide to the community what we already have, yet just today our road 150th was re- graveled and paved. Was this ABSOLUTELY NECESSARY? How much did that cost? What is absolutely necessary, and what is in great working order but needs to just be maintained? Maintain first, ADD later. With proper budgeting and common sense I truly believe that our pools should stay open for the entire community to continue to enjoy. We have our own swimming pool at home and this issue doesn't even effect me or my family, but I find this topic ridiculous and so unfair for the athlete's, children, and adults who do enjoy and benefit from the two pools. Who are you trying to punish for the governmental mistake. Hopefully not the the people again. It's not about me, or you, but it's about our community and what's best for the people who reside here. The children are our future, let's not take anything away from them. Respectfully, Linda Barrow Thanks, Lou Ogden, Resource Strategies Planning Group Group Benefits & Life, Health, Disability, and Long Term Care Insurance for Businesses and Individuals 21040 SW 90th Ave., Tualatin, OR 97062; Phone (503) 692-0163; Fax (503) 914-1699; lou.ogden@juno.com Joanne Bengtson From: Craig Dirksen [eraigd@tigard-or.gov] Sent: Tuesday, August 04, 2009 3:51 PM To: Liz [Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Tigard Swim Center From: Raina Boise SMTP:RAINA BOISE @YAHOO.COM Sent: Tuesday, August 04, 2009 1:21:29 PM To: Craig Dirksen; (Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Tigard Swim Center Auto forwarded by a Rule Hello, My name is Raina Boise and I am a Tigard resident. My son attends swim lessons at the Tigard Swim Center. As much as I would love to attend any of the city council meetings, I work evenings and am unable to make them. From living in Tigard, I feel that the resources are there to help save the pools. As much money as the schools get from the Lottery, etc there should be enough money there to help save the pools. I think there are other things that we can cut out of the budget rather than taking the pools away from our community. I feel that the swim center is doing many things to try to help raise the money and the amount of support coming in should show you that the community wants the swim center there. I live close by and would not like to see an abandoned swim center causing an eyesore in my neighborhood. I am sure my husband feels the same way but cannot voice his opinion right now as he is serving his country proudly in Iraq with the USAF. He looks forward to the day he can take our son swimming at the swim center, but sadly may not get that chance when he comes home if you close the pool. Please listen to your community and do what you can to save the pools. I have very little faith left in our governement and the system, please don't disappoint us and take that title bit of faith away. Listen to the people of the community for once. SAVE THE POOLS! ! ! Thanks for taking the time to read this, If you did. Raina Boise cell 503-849-8451 19_ Mary Kay - Beauty Consultant www.marykay.com/rainaboise "If we ever forget that we're one nation under God, we will be one nation gone Under." -Ronald Reagan Joanne Bengtson From: Craig Dirksen [craigd@tigard-or.govl Sent: Thursday, August 06, 2009 8:21 AM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Tigard Swim Center From: Raina Boise SMTP:RAINA BOISE @YAHOO.COM Sent: Wednesday, August 05, 2009 10:50:23 AM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Tigard Swim Center Auto forwarded by a Rule City Council Members... I contacted you yesterday with an email about saving the pools. I again am reaching out to you in an attempt to please have you listen to what your community wants. I am unable to attend the meeting tonight as I have to work to support my family. My son loves going to to the Tigard Swim Center and enjoys lessons every morning. The teachers are great, the staff is friendly, and they are trying so hard to save the pools. With their Open Pools campaign, they have shown you that the community does in fact want the pools to stay open. We support and want the pools open. We have bought several of the t-shirts, participated in the study from the college, bought the rubber duckies, etc... what more do the poeple of Tigard have to do to show you we want the Pool to stay open? Listen to the people!!! I recently learned that the city has no problem paying for a bus FULL of illegal immigrants, unwed mothers to be transported to school at Durham School. Have their housing, child care, transportation, schooling, and lunches completely paid for and these young girls are bragging about it and having more kids for more money and bigger homes. No one pays for me or my family. I work for it. Why not cut out that program and let them get off their asses and get a job. Supply them with nothing but Birth Control. I am sick and tired of paying for illegal immigrants taking advantage of my hard earned tax dollars. Please help! Raina Boise cell 503-849-8451 M Mary Kay - Beauty Consultant www.maryka-y.com/rainaboise "'If we ever forget that we're one nation under God, we will be one nation gone Under." -Ronald Reagan Joanne Bengtson From: Sydney Sherwood [sydney@tigard-or.gov] Sent: Thursday, August 06, 2009 12:20 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Swimming Pools From: Dawn ButcherSMTP:DAWN.BUTCHERQVERIZ©N.NET Sent: Thursday, August 06, 2009 12:19:44 PM To: Sydney Sherwood Subject: Swimming Pools Auto forwarded by a Rule As concemed citizens, we are writing to urge you to vote YES to pass the resolution to form an Aquatic District. The pools are one of our most valuable resources, serving diverse members of the community and contributing significantly to the appeal of living here in Tigard & Tualatin. With school funding so unstable, an Aquatic District would guarantee the pools remain open and available for the families of our cities. Thank you for your consideration and we'll see you at the meeting Tuesday night! Gano & Dawn Butcher Joanne Bengtson From: Sydney Sherwood [sydney®tigard-or.gov] Sent: Tuesday, August 04, 2009 4:31 PM To: Liz Newton; Craig Prosser; Councilman Councilmail Subject: FW: PLEASE KEEP POOLS OPEN From: Jill CharboneaufSMTP:JILLCHARB@VERIZON.NET1 Sent: Tuesday, August 04, 2009 4:30:22 PM To: Sydney Sherwood Subject: PLEASE KEEP POOLS OPEN Auto forwarded by a Rule Dear Council members, I currently live in the City of Tigard and ask that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is important that the pools remain open and our only option is to create an aquatic district. count on swimming lessons for my child there and the resource of having a safe place for recreational swimming is very important to our family. The formation of an Aquatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. Establishing an Aquatic District is essential to keeping the pools open. Aquatic districts have been successfully created and run in other areas of Oregon for years. - The aquatic district will be managed locally from residents of the district and make all operating decisions, and follow state and federal laws for accounting procedures. The goal in forming the aquatic district is to retain access to the pools for all community user groups. - By approving the resolution to form an Aquatic District, the citizens of Tigard or Tualatin can decide for themselves next May what's best for their community. The citizens deserve to be heard; please let democracy proceed. Thank you for your favorable vote. Thank you for consideration, JILL CHARBONEAU 11601 SW Cole Lane Tigard, OR 97224 503-598-8733 2 Joanne Bengtson From: Nick Wilson [Nick@tigard-or.gov] Sent: Tuesday, August 04, 2009 8:12 PM To: Craig Prosser; Liz Newton; Councilmail Councilmail Subject: FW: Aquatic District From: Gary&Nlna DunmirerSMTP:GARYDUNMIREI @VERIZON.NETi Sent: Tuesday, August 04, 2009 8:08:14 PM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson Subject: Aquatic District Auto forwarded by a Rule Please vote in favor of passing the resolution to form an aquatic district at the next council meeting From a Concerned Family who Resides in Tigard Oregon. Gary & Nina Dunmire 14363 SW Fanno Creek Court Tigard OR 97224 PH. # 503 624 7134 Joanne Bengtson From: Gretchen Buehner [gretchen@tigard-or.gov] Sent: Wednesday, August 05, 2009 9:33 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Aquatic District Formation From: Lynne and Tom Fergusson[SMTP:LTFERGUSSON@VERIZON.NETJ Sent: Wednesday, August 05, 2009 9:33:16 PM To: Craig Dirksen; Nick Wilson; Gretchen Buchner; Marland Henderson; Sydney Sherwood; lou.ogden@juno.com; jay@H-Mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; slombos@ci.tualatin.or.us Subject: Aquatic District Formation Auto forwarded by a Rule Dear Council members, I currently live in the City of Tigard and ask that you vote in favor of passing the resolution to forth an Aquatic District at next week's council meeting. It is imperative that the pools remain open and our only option is to create an aquatic district. Other important reasons include: <htg2://w-,v-,v.savettt2ools.com/Aquatic District.htenl>I believe the Aquatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. There are so many reasons to keep these pools open but my train two reasons are entertainment for the whole family (bonding, being together) and the other swim teams (children need extra curricular activities that are healthy and teaches many valuable lessons for life, and the ability to stay fit and keep their bodies healthy). There are so many more reasons to have an Aquatic District and hope the Board can let go of the politics and realize how important it is for families. By approving the resolution to form an Aquatic District, the citizens of Tigard or Tualatin can decide for themselves next May what's best for their community. The citizens deserve to be heard; please let democracy proceed. Thant: you for you favorable vote. Sincerely, Lynne Fergusson Tigard Citizen Cathy Wheatley From, Sydney Sherwood [sydney@tigard-or.gov] Sent: Friday, August 07, 2009 5:01 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Aquatic District Follow Up Flag: Follow up Flag Status: Flagged From: Chris & Christine SMTP:C4INOR VER[ZON.NE Sent: Friday, August 07, 2009 5:00:31 PM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Aquatic District Auto forwarded by a Rule Dear Council Members, I currently live in the City of Tigard and am asking that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is imperative that the pools remain open and our only option is to create an aquatic district. The formation of an Aquatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. Without this resolution our children, families and neighbors will have nowhere in our community to-swim, play and exercise. My children have been swimming at the Tigard Swim Center since they have been in preschool. My eight-year-old is in the Summer Splash program and has made such improvements in her swimming that it is hard to believe she has learned so much in such a short period of time. When I told her that she may need to picky a new sport because the pool may be closed soon and she will not be able to continue swimming there, she started to cry. This is the one sport that she loves and is very good at. By approving the resolution to form an Aquatic District, the citizens of Tigard can decide for themselves next May what's best for their community. The citizens deserve to be heard; please let democracy proceed. Thank you for your favorable vote. Sincerely, Christine Frisiras Tigard Citizen Joanne Bengtson From: Sydney Sherwood [sydney@tigard-or.gov] Sent: Tuesday, August 04, 2009 2:52 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Aquatic District: resend Importance: High From: Cheri Garnache[SMTP:CGAMACHE@TTSD.Kl2.OR.USI Sent: Tuesday, August 04, 2009 2:51:55 PM To: Craig Dirksen; Nick Wilson; Gretchen Buchner; Marland Henderson; Sydney Sherwood; lou.ogden@juno.com; Jay@H-Mc.com; smbeilunan@verizon.net; maddux0l @verizon.net; etLUax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; slombos@ci.tualatin.or.us Subject: Aquatic District: resend Importance: High Auto forwarded by a Rule Dear Council members, I currently live in the City of Tualatin and ask that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is imperative that the pools remain open and our only option is to create an aquatic district. Other important reasons include: - The formation of an Aquatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. - The Aquatic District wants to preserve these valuable community resources, while also relieving the school district of a large, ongoing budget expense. - Neither the Cities of Tigard nor Tualatin are able to take over operation of their local swim center. - Establishing an Aquatic District is essential to keeping the pools open. - Aquatic districts have been successfully created and run in other areas of Oregon for years. - The aquatic district will be managed locally from residents of the district and make all operating decisions, and follow state and federal laws for accounting procedures. - The goal in forming the aquatic district is to retain access to the pools for all community user groups. - Most households in these two cities will continue to pay back the pool construction bond for the next 7 years and deserve to utilize their investment. By approving the resolution to form an Aquatic District, the citizens of Tigard or Tualatin can decide for themselves next May what's best for their community. The citizens deserve to be heard; please let democracy proceed. Thank you for your favorable vote. 1 .t Sincerely, Tualatin citizen & Tigard Educator Cheri Gamache Cheri Gamache 2nd grade teacher Alberta Rider Elementary (503)431-4926 Cheri Gamache 2nd grade teacher Alberta Rider Elementary (503)431-4926 Joanne Bengtson From: Sydney Sherwood [sydney@tigard-or.gov] Sent: Wednesday, August 05, 2009 3:20 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Aquatic District Importance: High From: Diane.GillfSMTP:DIANE.GILL@TARGET.COMI Sent: Wednesday, August 05, 2009 3:19:10 PM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Mariand Henderson; Sydney Sherwood Cc: Diane.Gill Subject: Aquatic District Importance: High Auto forwarded by a Rule Dear Council members, I currently live in the City of Tigard and ask that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is imperative that the pools remain open and our only option is to create an aquatic district. By forming the Aquatic district this will provide the permanent and stable funding that is needed to keep both pools open for our community. I have lived in Tigard for 40 years and have always enjoyed the pools myself, as I now have a child who swims everyday and I encourage you to pass this resolution for our new district. The pools provide such a positive place for not only our children who take swim lessons or participate on the swim team but for the everyone in the community to utilize and enjoy. By approving the resolution to form an Aquatic District, the citizens of Tigard can decide for themselves next May what's best for their community. The citizens deserve to be heard; please let democracy proceed. Thank you for your favorable vote. Diane Gill 14295 SW Fanno Creek Ct Tigard, OR 97224 Diane Gill I Target I p. 5133-691-11661 1 F. 503-69t-215-11i I e. Diane.GilI@Tarqet.com Joanne Bengtson From: Sydney Sherwood [sydney@tigard-or.gov] Sent: Tuesday, August 04, 2009 3:02 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Aquatic District vote From: Don Glazier[SMTP:GLAZiERD@OHSU.EDUI Sent: Tuesday, August 04, 2009 3:00:52 PM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Aquatic District vote Auto forwarded by a Rule Dear Council members, I currently live in the City of Tigard and ask that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is imperative that the Tigard and Tualatin pools remain open and our only option is to create an aquatic district. Other important reasons include: - The formation of an Aquatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. - The Aquatic District wants to preserve these valuable community resources, while also relieving the school district of a large, ongoing budget expense. - Neither the Cities of Tigard nor Tualatin are willing to takeover operation of their local swim center. - Establishing an Aquatic District is essential to keeping the pools open. - Aquatic districts have been successfully created and run in other areas of Oregon for years. - The aquatic district will be managed locally from residents of the district and make all operating decisions, and follow state and federal laws for accounting procedures. - The goal in forming the aquatic district is to retain access to the pools for all community user groups. - Most households in these two cities will continue to pay back the pool construction bond for the next 7 years and deserve to utilize their investment. By approving the resolution to form an Aquatic District, the citizens of Tigard and Tualatin can decide for themselves next May what's best for their community. The citizens deserve to be heard; please let democracy proceed. Thank you for your favorable vote. Sincerely, Tigard citizen Don Glazier 11944 SW Aspen Ridge Drive Tigard, OR R , August 4, 2009 Tigard City Council 13125 SW Hall Blvd. Tigard, Or. 97221 Dear Council Members & Mayor: RECEIVED AUG 0 6 2099 City of Tigard Administration Please assist in keeping one of the Swim Pools open, preferably Tigard, as it is the one used most often. Don't close the door on swimming lessons, competitive programs, exercise classes and healthy filn for the entire community. Where can you get so much fun for so little? Art & Doreen Harries 12807 S.W. Dickson Street Tigard, Or. 97224 Cathy Wheatley From: Sydney Sherwood Isydney@tigard-or.gov] Sent: Saturday, August 08, 2009 11:26 AM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Tigard-Tualatin Aquatic District From: Cindy HarrisonjSMTP:CH15369CcDHOTMAIL.COMI Sent: Saturday, August 08, 2009 91:25:43 AM To: Sydney Sherwood; Marland Henderson; Gretchen Buehner; Craig Dirksen; Nick Wilson Subject: Tigard-Tualatin Aquatic District Auto forwarded by a Rule Dear Tigard Council Members: Our children have been in the Tigard-Tualatin schools for years as we live in Tigard area. We have had wonderful opportunities afforded them and us in using both pools. Swim lessons, swim club, high school swimming, lifeguarding, water safety, self esteem growth are a few advantages given as well as maintaining a healthy lifestyle. Please keep the pools open and vote in favor of passing resolution to form an aquatic district at next weeks council meeting. It is a valuable asset to keep pools open and create an aquatic district for all community to enjoy. Aquatic districts have been successfully created and managed in other Oregon areas offering multiple uses. Thank you for your consideration. Cindy Harrison Windows Live"': Keep your life in sync. Check it out. Joanne Bengtson From: Sydney Sherwood [sydney@tigard-or.gov] Sent: Wednesday, August 05, 2009 7:09 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Save Our Pools - Please Support Special Aquatic District From: Rob HershinowfSMTP:ROB@HERSHINOW.COMi Sent: Wednesday, August 05, 2009 7:06:45 PM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Save Our Pools - Please Support Special Aquatic District Auto forwarded by a Rule Dear Tigard City Council Members, Save our pools...please! Currently a Tigard resident, I implore you to vote at next week's council meeting in favor of the resolution to form an Aquatic District. Your support would be nothing short of heroism. My daughter swims at both pools, most days every week, year-round. Amidst the insecurity of a depressed economy, a family struggling with the unfortunate realities of divorce, not to mention the normal trials and tribulations of a 15 year-old teen, swimming in our community has been the single most important source of hope and inspiration for my daughter. She is a senior swimmer with the Tigard Tualatin Swim Club; she is a varsity swimmer for Tigard High. We cannot afford membership to private facilities; we cannot afford to move; we cannot afford to lose our pools. You've heard all of the irrefutable evidence is support of the Aquatic District: stable funding for our community's pools for years to come, preservation of valuable community resources, school district budget-relief, community pride, protecting the integrity of the bond previously adopted by your constituency to construct the pools ...you know the essential role this Aquatic District plays in keeping our pools open, you know such Aquatic Districts have thrived elsewhere in Oregon, you know the goal in forming this Aquatic District is serving the greatest interests of our entire community...please allow your constituency access to this same evidence; please allow the citizens of Tigard to share in this success... please vote in favor of our pools; please vote in favor of my daughter; please, please vote in favor of the resolution to form an Aquatic District. 1 Y With my utmost gratitude for your service to our citizenry and on behalf of our city's future, Robert Hershinow Tigard resident z Cathy Wheatle From: Craig Dirksen [craigd@tigard-or.gov] Sent: Tuesday, August 11, 2009 10:59 AM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Poo[ funding From: Debi Jehnke[SMTP:DEBI(cr'~.AKS-ENG.COMI Sent: Tuesday, August 11, 2009 10:58:41 AM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Pool funding Auto forwarded by a Rule Good morning, Let me start off by saying that I'm a little nervous. I have never written to a government representative before. I hope my e-mail is clear and meaningful. Having access to a community pool is important to our family. Learning to swim is a life skill that everyone should have. Our 8-year old son started taking lessons at the Tigard pool when he was 4. He is now at the Red Cross level 5 and a much better swimmer than either his mom or dad. He enjoys swimming very much and would like to join the Swim Club this year. Our 5-year old son started taking lessons last year at the Tigard pool. He is currently taking lessons at level 3 and showing amazing improvement since last October. The swimming lesson program that Jeanine runs at the Tigard pool is wonderful. It even attracts people from nearby areas. I spent most of the winter talking with 2 other "swimming moms" from Lake Oswego while their sons were taking lessons. I'll admit that I don't fully understand the current situation for the aquatic district formation. But I do believe having the pools available is important to all of Tigard/Tualatin. Please support puttiing the formation of the district on the ballot next spring. It will have 2 yes votes from our household. Thank you for your time and support. Debi Jehnke 8015 SW Peters Rd Tigard, OR 97224 503-624-3982 Joanne Bengtson From: Sydney Sherwood [sydney®tigard-or.gov] Sent: Wednesday, August 05, 2009 10:17 AM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Tigard-Tualatin pools From: patrick Johnson(SMTP:DUKK14@YAHOO.COM1 Sent: Wednesday, August 05, 2009 10:16:52 AM To: Sydney Sherwood Subject: Tigard-Tualatin pools Auto forwarded by a Rule Dear Council Members, For all the bad press politicians get for not listening to the electorate, you have a golden opportunity to shine locally by making a decision that will impact children and their families that support you with votes. As a habitual voter, I will support your re-election if you a public vote on creating a Tigard-Tualatin pools district. If you do not I will vote against you. It's that important to my family! Your decision will also impact what I communicate to other voters about which Council members are paying attention to local family needs. Sincerely, Patrick Johnson i Cathy Wheatley From: Sydney Sherwood [sydney@tigard-or.gov] Sent: Monday, August 10, 2009 10:06 AM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: swimming pools From: Susan Johnson[SMTP:SUSANJOHNSON63(cDMSN.COMI Sent: Monday, August 10, 2009 10:06:21 AM To: Sydney Sherwood Subject: swimming pools Auto forwarded by a Rule Our swimming pools are a great resource for this community, it is vital that everything be done to try and save them I'm asking that as a City Council you continue to support the pools. Since mid June my two children (12 & 14) have been swimming M-Th at the Tigard pool. Their skill level has improved and it has been a way to make sure they are getting some exercise. Thank you for your time - Susan Johnson Joanne Bengtson From: Craig Dirksen [craigd@tigard-or.gov] Sent: Tuesday, August 04, 2009 2:55 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Keep our pools From: Mari Kaeding SMTP:MARIKAEDINGQNOTMAIL.COM Sent: Tuesday, August 04, 2009 2:54:45 PM To: Craig Dirksen Subject: Keep our pools Auto forwarded by a Rule Dear Council members, I currently live in the City of Tigard and ask that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is imperative that the pools remain open and our only option is to create an aquatic district. The goal in forming the aquatic district is to retain access to the pools for all community user groups. Sincerely A Tigard Citizen, Mari Kaeding I , 1 t- Joanne Bengtson From: Sydney Sherwood [sydney@tigard-or.gov] Sent: Tuesday, August 04, 2009 2:12 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Resolution vote regarding establishing an Aquatic District From: Holly & Adrian Lethbridge[SMTP:REGGAESKIERS@COMCAST.NET1 Sent: Tuesday, August 04, 2009 2:12:03 PM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Resolution vote regarding establishing an Aquatic District Auto forwarded by a Rule Dear Tigard City Council Members, [ reside in the city of Tigard and urge you to vote in favor of passing the resolution regarding the formation of an Aquatic District at the upcoming city council meeting next week. It is important that our pools remain open to serve our community. There are many reasons that I believe the formation of an Aquatic District can provide an important, necessary resource to our communities. One, is that it will provide permanent, stable funding allowing the community to enjoy these pools for many years to come while relieving the school district of a large expense that it can no longer fund. Second, it will continue to provide access to pools for a wide range of users. More importantly it will improve public safety. Having a local pool for swimming lessons has proven to drastically reduce the number of area drowning cases each year. In an area surrounded by rivers and streams this is certainly a public concern. Additionally, our citizens will continue to pay on bonds for the pools even if they are no longer usable. If this resolution is voted down, we will lose both of our pools and our citizens will have to travel farther to replace this loss. There are many examples of aquatic districts that have been successfully created and run in other areas of Oregon for years. The goal behind the formation of an Aquatic District is to keep access to the pools for all community user groups. As it stands now, the pools utilization is by BO% of the public during the school year and 100% public use in the summer. The pools are a public resource that our community is invested in and I ask that you allow this issue to be put before the voters in the May election by approving the resolution to form an Aquatic District. Please let the citizens of Tigard and Tualatin choose for themselves by giving this resolution a favorable vote. Thank you. Sincerely, Holly Lethbridge Tigard Resident i Cathy Wheatley From: Craig Dirksen [craigd@tigard-or.gov] Sent: Thursday, July 30, 2009 4:34 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Tigard/Tualatin Pools... From: Sarah McCartY[SMTP.SARAH M MCCARTY(d)HOTMAIL.COMI Sent: Thursday, July 30, 2009 4:33:24 PM To: Craig Dirksen Subject: Tigard/Tualatin Pools... Auto forwarded by a Rule Dear Mayor, I read the article in the Tigard Times about the possible pool closure and this saddens me a great deal. I grew up in Tigard, learned to swim at the Tigard Swim Center, swam for the Tigard Aquatic Club, worked as a lifeguard and instructor, and then went on to both swim and play polo for Tigard High School. For me, to say that swimming had a great impact on my life would be a complete understatement. I met my husband while playing water polo for the U of O and now we live in West Linn and our children take swimming lessons at the Tualatin Pool. We have tried other pools and programs in the area and realize that the programs through the Tigard/Tualatin Pools are far superior. Just this past spring, a friend of mine was visiting Costa Rica and their family suffered the worst tragedy imaginable. Their 3 year old daughter drowned in a family member's pool while they were on vacation. This brings me to the point of my letter. You said in the Times' article that the closure of the pools "wouldn't be the end of the world". I know what you meant when you said that, but please know that for some families not having the access to learn to swim really can be the end of THEIR world. Swimming isn't just a sport or a fun activity, it's a necessary survival skill. Please, please, don't let this happen to the children in the Tigard/Tualatin area--and please know that the closure of these pools affects many more families than just those living within the city boundaries. Thank you for reading this letter, Sarah McCarty NEW mobile Hotmail. Optimized for YOUR phone. Click here. Joanne Bengtson From: Craig Dirksen [craigd@tigard-or.gov] Sent: Tuesday, August 04, 2009 3:51 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Aquatic Center From: Shyla P. Middleton[SMTP:SITYLAP@EARTHLINK.NET] Sent: Tuesday, August 04, 2009 3:13:34 PM To: Craig Dirksen Subject: Aquatic Center Auto forwarded by a Rule Dear Council Member, i currently live in the City of Tigard and ask that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. My daughter has been on the swim team for the past 3 years. It is imperative that the pools remain open and our only option is to create an aquatic district. Other important reasons include: The formation of an Aquatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. The Aquatic District wants to preserve these valuable community resources, while also relieving the school district of a large, ongoing budget expense. Neither the Cities of Tigard nor Tualatin are able to take over operation of their local swim center. - Establishing an Aquatic District is essential to keeping the pools open. - Aquatic districts have been successfully created and run in other areas of Oregon for years. - The aquatic district will be managed locally from residents of the district and make all operating decisions, and follow state and federal laws for accounting procedures. - The goal in forming the aquatic district is to retain access to the pools for all community user groups. - Most households in these two cities will continue to pay back the pool construction bond for the next 7 years and deserve to utilize their investment. -Finally, my daughter is a swimmer on the swim team. Her physical health has never been better, which also affects her mental and emotional health. She's 13, and if you've ever been around teens, then you know that ANYTHING that favorably affects a teen's mood is precious and very beneficial to everyone around them. Being on the swim team allows her to have a great set of friends who are drug free, dedicated to physical activity, and have a mind set of team work. The pools offer more than simply a pool of water - they offer a positive place for kids to develop physically and emotionally. In a world of growing obesity problems and downsized school PE programs, increased electronic dependence and negative media, the pool is a sanctuary for parents and kids alike. What's more, the club has very involved parents, a rarity in a time when work fills so many adults' lives. My daughter adds that being on the swim team has helped her in school. She has earned Athlete of the Week a few times, and feels confident about her performance in PE, as well as in other areas. She says, "Please, please, please, help develop an aquatic district so that we can keep swimming." By approving the resolution to form an Aquatic District, the citizens of Tigard or Tualatin can decide for themselves next May what's best for their community. The citizens deserve to be heard; please let democracy proceed. Thank you for your favorable vote. Sincerely, Tigard citizen Shyla P. Middleton shyla P. Middleton Cathy Wheatley From: Sydney Sherwood [sydney@tigard-or.gov] Sent: Tuesday, August 11, 2009 11:35 AM To: Liz Newton; Craig Prosser; Councilman Councilmail Subject: FW: Tigard & Tualatin swim centers-DO NOT CLOSE!! From: Dawn MobleyfSMTP:DAWN.J.MOBLEY(a)GMAIL.COMI Sent: Tuesday, August 11, 2009 11:34:49 AM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Tigard & Tualatin swim centers-DO NOT CLOSE!! Auto forwarded by a Rule City Council, I am a Tualatin Alumni (1996), a Tigard resident from a child of 3 years old, and now raising my own children in Tigard as well. My youngest will be attending TuHS in 2017 as a freshman. I myself learned to swim in the Tigard Swim Center. During my elementary years at Templeton, swim lessons were part of the third & fourth grade curriculum. My parents also singed us up for summer swim lessons and we spent several hours at the Tigard Swim Center during the public swim sessions. These are not just faun memories, but also important life lessons that are now being taught to my children. My oldest would tell you that swimming is his favorite thing to do. This is a boy that at the age of 5 feared the water and would be the only child with a dry head after his swim lesson. John at the Tigard Swim Center, along with the other swim instructors, has changed fear into a life passion. He is now the kid that is in the pool first and the longest. My youngest was born a fish and has been taking lessons at the Tigard Swim Center from the age of 3 years old. Again John, and the other swim instructors, has only helped him to gain his confidence as a swimmer, while teaching him technique and water safety. We have also participated in the family swim sessions over the years and encouraged others to join us in what the centers have to offer. The skills that we have learned at the swim center are used often in family pools and hot tubs, and in all of our local rivers and oceans. I could continue with story after story of people and children I know that have learned to swim or swam in high school that would not be possible if the pools were closed. It is vital that our communities have access to the swim centers. Although our family uses the Tigard swim center currently, Tualatin will be our High School. Both pools remaining open are very important to my children and others in our community. I would like to see the return of swim lessons into the elementary school curriculum, but at the very least, the pools must continue to be available to every family in our area. Thank you for your time and efforts. Please feel free to contact me if you have any questions. Sincerely, Dawn Mobley 17030 SW 137~h Ave. Tigard, Or 97224 503-810-7494 August 7, 2009 Craig Dirksen, Mayor City of Tigard 13125 SW Hall Blvd Tigard, Or 97223 Subject: Tigard and Tualatin Swimming Pools, second letter on this issue. Dear Mayor Dirksen, l'U~]1C0 LV- other, dar RECEIVED AUG 9 7 2009 City of Tigard Administration Since I only lap swim several times weekly in the early morning l had no idea what else happened after I go home. Now I know. Pool management told me that combining both pools, on average, 500 citizens use these facilities per day, more in the summer and less during other times. So you can see how many lives would be negatively changed if the pools are lost. I hope you will help the pool district proposition get on the ballot. Let the people decide. If you want some fun, drop by the Tigard Pool mid morning and see some little kids learn to swim. Sincerely Norman Pitkin 15845 SW Oak Meadow lane Tigard, Or 97224 (503) 968-6104 cc:Tigard Swim Center, 8680 SW Durham Rd, Tigard 97224 Tualatin Swim Center, 22380 SW Boones Ferry Rd, Tualatin Rd, Tualatin 97062 Mayor Councilors City Manager Council Mail May ur's Calen Cathy Wheatley From: Sydney Sherwood jsydney@tigard-or.gov] Sent: Sunday, August 09, 2009 11:31 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Support the Pools From: The Rogers[SMTP:ROGE5@COMCAST.NET] Sent: Sunday, August 09, 2009 11:30:28 PM To: Sydney Sherwood; Marland Henderson; Gretchen Buehner; Nick Wilson; Craig Dirksen Subject: Support the Pools Auto forwarded by a Rule Greetings Council Members of Tigard, I write to you as a concerned citizen. Please support the pools. As a long time member of the Tigard community and a new resident to Tualatin, the pools have always been a great asset to our family and community. My three children were fortunate enough to have swim lessons included as a part of their elementary education. With that opportunity, then went on to join swim team, play high school Water polo and high school swimming. The memories are countless. I even helped raise $15,000 for the new Water Polo and Timing system. Even though my youngest son just graduated this year from Tigard High school we still continue to use the pools for fun, competition and exercise. We have even attended pool parties. Swimming is an invaluable life skill meant for everyone in our community. Please support the pools. Thank you, Jennifer Rogers and family 10360 SW Paulina Drive Tualatin, OR 97062 503-709-8449 Former address: Sept 1996 - June 2008 10587 SW River Drive Tigard, OR 97224 1 Joanne Bengtson From: Craig Dirksen [craigd@tigard-or.gov] Sent: Wednesday, August 05, 2009 8:22 AM To: Liz Newton; Craig Prosser; Councilmail Councilmaii Subject: FW: Aquatic District SMTP:LRSHIELDSC~?VERIZON.NET From: Larry Sent: Tuesday, August 04, 2009 10:26:09 PM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Aquatic District Auto forwarded by a Rule Tigard: craigd(?tigard-or.gov; nick0)tigard-or.gov; aretchen@tigard-or.gov; marland ti and-or, ov; sydney@tigard-or.gov Dear Tigard City Council members, I live in the City of Tigard and ask that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. Our family, neighbors and friends in Tigard and Tualatin feel It is important for our community livability standards that the pools remain open. We urge you to support the creation of an aquatic district. Our family first moved to this area 13 years ago. Since then we have extended family that have all moved to the Tigard area. Four separate extended families. The reason we all moved to the area is we all felt that the area had a community feel to it. The loss of the pools will downgrade the community is so many different ways. The pools have offered young and old unique recreational and physical outlets that are so needed in our community. The pools in the area are a big attraction for families to our area. If we let them close we are further closing the doors to our community as a viable place to live. The area already lacks in decent parks and fields and recreational outlets. I as others have spent countless hours working on fields at the schools and area parks, serving on recreational boards working to make them safe and usable for our children for the various sport seasons in order make what we have viable for all who use them. The dedicated people include our own council members and are Mayor. We will be able to manage an aquatic district that serves the community. The goal in forming the aquatic district is to retain access to the pools for all community user groups. The Aquatic District wants to preserve these valuable community resources, while also relieving the school district of a large, ongoing budget expense. It is plain the school district will be closing the pools and once closed they will be very expensive to replace or start up again. Neither the Cities of Tigard nor Tualatin are able to take over operation of their local swim center. I think many will be watching how the council votes, there is great concern for our community. The citizens need to be involved and allowed to pursue the formation of the aquatic district and it can only help build and not detract from the community as the closures would. I cannot stand the thought of boarded up buildings that have such a tremendous upside. Thank you in advance for your vote in support of the aquatic district. Sincerely, Larry R. Shields 13691 SW Ascension Drive Tigard, Oregon 97223 z Cathv Wheatle From: Nick Wilson [Nick@tigard-or.gov] Sent: Monday, August 10, 2009 10:50 AM To: Craig Prosser; Liz Newton; Councilmail Councilmail Subject: FW: formation of Aquatic District From: David or Tami[SMTP:DTM.SMITH3@VERIZON.NET] Sent: Monday, August 10, 2009 10:49:41 AM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: formation of Aquatic District Auto forwarded by a Rule Dear Mayor Dirksen and City Council Members: I have lived in the City of Tigard for the past twenty-two years and ask that you vote in favor of passing the resolution to form an Aquatic District at tomorrow night's City Council meeting. It is imperative that the pools remain open and the only option is to form an Aquatic District. I know that you have heard that a ten minute walk from anyone's house in Tigard, leads to water. Safety is one of the most important reasons to keep the pools open. The Tigard swim center has offered Red Cross Swim lessons for years. These lessons are available for pre-schoolers, school age children, and there are also lessons available for adults. Besides learning how to swim, these lessons cover general water safety and how to put on and remove personal flotation devices (life vests). The Aquatic District would be such a complement to a Parks and Recreation district, after all pools belong to the community as well as parks, and I can't think of a better way to cool off on a hot summer day, than to jump in a pool. Please approve the resolution to form the Aquatic District and let the citizens of Tigard vote in next spring's election. Sincerely, Tami Smith a Cathy Wheatley From: Sydney Sherwood [sydney@tigard-or.gov] Sent: Friday, August 07, 2009 10:13 AM To: Liz Newton; Craig Prosser; Councilman Councilmail Subject: FW: Please save the pools Follow Up Flag: Follow up Flag Status: Flagged From: Speth, John[SMTP:JOHN.SPETH@COHERENT.COM] Sent: Friday, August 07, 2009 10:13:03 AM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Please save the pools Auto forwarded by a Rule Dear City Council- My family would like to express our desire to keep the Tualatin and Tigard pools open. We find the Tigard tool to be a valuable community resource which we find ourselves using many times per year. For example, we use the pool for: - swimming lessons - recreation - Cub Scout water activities - birthday parties - exercise My family supports a special tax to keep the polls open. We'll be at the August 11 City Council meeting to show our warm body support. Thanks for listening. Sincerely, John Speth and on behalf of Nancy Speth (wife) and Nick Speth (10 year old son) 11275 SW Quelle Place Tigard, OR 503 - 443 - 2410 mailto:iohn.s eth coherent.com i 'r Cathy Wheatley From: Sydney Sherwood [sydney@tigard-or.gov] Sent: Monday, August 10, 2009 10:11 AM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Please Support Keeping the Tigard/Tualatin Swim Pools Open From: SUSAN SUN[SMTP:SSUN@FUJIMICO.COMI Sent: Monday, August 10, 2009 10:10:16 AM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Please Support Keeping the Tigard/Tualatin Swim Pools Open Auto forwarded by a Rule To All Tigard Council Members, Please support keeping the Tigard/Tualatin swim pools open. The pools are important for the community. I see the smiling faces of children enjoying the pools this summer. It is a healthy alternative for the children, especially nowadays where children obesity is a problem. These pools help kinds active. For me personally, it is a great stress reliever. I use the pool for my morning lap swim to keep my energy level up and sometimes in the evening to relax and relieve for my stress from work. Not to mention the affordability that these pools provide. The affordability is especially important for the seniors as well as others in this tough economic situation. Thank you for your support. Regards, Susan Sun The information contained in this electronic mail transmission, including any accompanying attachments, is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please delete the original and all copies of this transmission and contact the sender. Warning: Although precautions have been taken to make sure no viruses are present in this email, the company cannot accept responsibility for any loss or damage that arise from the use of this email or attachments. 1 3 Joanne Bengtson From: Marland Henderson [Mariand@tigard-or.gov] Sent: Tuesday, August 04, 2009 2:06 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Tualatin - Tigard Pools From: Luis H Tello[SMTP:DRLUISTELLO@GMAIL.COMI Sent: Tuesday, August 04, 2009 2:06:08 PM To. Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Tualatin - Tigard Pools Auto forwarded by a Rule Dear Council members, I currently live with my family in the City of Tigard. I am writing to ask you all to vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is very important that the pools remain open in order to to create an aquatic distric that will provide a more stable finance situation to keep both pools open for the community to enjoy for years to come. There are so many other reasons: we can make the operations of the pools more efficient while also relieving the school district of a large, ongoing budget expense, the community and specially the youth will have a place to enjoy, relax and train By approving the resolution to form an Aquatic District, the citizens of Tigard can decide for themselves next May what's best for their community. The citizens deserve to be heard; please let democracy proceed. Thank you for your favorable vote. Luis H. Tcllo, MV, MSc, DVM t Joanne Bengtson From: Marland Henderson [Marland@tigard-or.gov] Sent: Wednesday, August 05, 2009 7:22 AM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Tigard-Tualatin Pools From: Lisa Tillotson[SMTP:LISAT21@MSN.COM1 Sent: Wednesday, August 05, 2009 7:21:31 AM To: Nick Wilson; Gretchen Buehner; Sydney Sherwood; lou.o-qden@iuno.com; 6ay@h-mc.com; smbeikman@verizon.net; maddux0l @verizon.net; etruax@royalaa.com; Chris@m ustardpeopie.com; joelle.d.davis@gmail.com; slombos@ci.tualatin.or.us; Craig Dirksen; Marland Henderson Subject: Tigard-Tualatin Pools Auto forwarded by a Rule Dear Council members, I am writing to you as a resident, parent, and teacher of the Tigard-Tualatin School District. Our community is on the brink of losing one of our most precious resources - our two, local pools!!! This is where we are raising healthy kids who know how to swim, who compete on swim teams and water polo teams, and who are staying fit. This is where our fire fighters and law enforcement agents complete training exercises and adults who lap swim and participate in fitness classes. Right now in the summer months our kids stay busy going to lessons and open swim, and teens are taking f=irst Aid and Lifesaving Instruction, and serve as swim teachers and lifeguards. These pools are part of the backbone of our cities; people move here because we value education and health, which includes these two very viable and well-used facilities! H ! We are terrified that these two beautiful pools may be abandoned and closed, and this will begin the resulting demise of our cities! Particularly in these economic times, we need to maintain the value, beauty, and resourcefulness of our area. Please help us to save our pools by passing the resolution to create an Aquatics District. Most residents do not yet know how close we are to losing our pools forever and deserve the opportunity to educate themselves on the issue and preserve our community resource. We all need to have a say in this matter! Please allow this to happen! Many citizens are traveling in these fine weeks of summer and will not be able to be present at your upcoming meetings on the subject. Please know however, that everyone we have spoken to has felt strongly that we should support our pools and keep them open through an independent Aquatics District. How many times to you get to be a hero in life? BY HELPING US TO SAVE OUR POOLS YOU WILL BECOME ONE OF THEM!! Thank you for your time and thoughtfulness. Lisa Tillotson Tualatin, OR Express your personality in color! Preview and select themes for Hotmail®. Try it now. Joanne Bengtson From: Craig Dirksen [craigd@tigard-or.gov] Sent: Tuesday, August 04, 2009 7:27 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: KEEP OUR POOLS OPEN From: Bev Westerlund[SMTP:BMWAGAIN000MCAST.NETl Sent: Tuesday, August 04, 2009 7:25:49 PM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: KEEP OUR POOLS OPEN Auto forwarded by a Rule Dear Council members, As a long time resident of the City of Tigard I am asking that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is my understanding that forming an Aquatic District is the only way that the pools can stay open. The formation of an Aquatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. These 2 pools are used by people of all ages throughout the Tigard Tualatin area. Without these pools, these same people will either be forced to go to another City or Aquatic District to enjoy the same benefits, or just do Without. If they are forced to go to a different City, that City will be collecting the user fees from our residents. The Aquatic District wants to preserve these valuable community resources, while also relieving the school district of a large, ongoing budget expense. Aquatic districts have been successfully created and run in other areas of Oregon for years. I started taking my son the the Tigard pool for swim lessons as soon as he was tall enough to stand up in the shallow end of the pool. It soon became evident that he had a natural ability. He continued through all levels of swim lessons and then moved on to join the Tigard Tualatin Swim Club when he was 9 years old. He continued to swim competitively with the swim club and swam for the THS swim team every year that he attended the high school. Now he is a lifeguard. F It would be a terrible shame and horrendous waste of a valuable community resource to allow the closure of these 2 pools. Since, we will be continuing to pay for the recent improvements to the pools for the next several years, it just would not be right. Please vote FOR the formation of the Tigard Tualatin Aquatic District. Thank you. Bev Westerlund Tigard Citizen :r 2 Cathy Wheatley From: Nick Wilson [Nick@tigard-or.gov] Sent: Tuesday, August 11, 2009 10:14 AM To: Craig Prosser; Liz Newton; Councilmail Councilmail Subject: FW: Aquatic District Attachments: imageD01.jpg From: Rosemary Will is[SMTP:ROSEMARY(a)ABSINCUSA.COMj Sent: Tuesday, August 11, 2009 10:14:24 AM To: lou.ogden(r, iuno.com; slombos(cDci.tualatin.or.us Cc: Nick Wilson; Jay(a)H-Mc.com; smbeikman(cD.verizon.net; maddux0l aaverizon.net; etruax(d)royal aa.com; chris a-)mustardpeople.com; noel Ie.d.davis(a), gmail.com Subject: Aquatic District Auto forwarded by a Rule My husband and I currently live on Killarney Lane in the city of Tualatin and we also have our business located in Tualatin. We feel it is very important to the schools and the community to keep the pools in Tigard and Tualatin open. Forming an Aquatic District would be a step in the right direction. I would like to see the pools readily available to the public for such things as water aerobics. My friend and I have both had knee replacement surgery and our doctors have recommended swimming and water aerobics to help us get back on our feet. Please consider forming an Aquatic District for everyone to enjoy. Ai'" ~rch:i.scTrsra~ $uiSdill,y ~cirviCdS ">°tri:.•Y:+,ui;~hh„£f, ^.rfa ~=;warts' Rosemary Willis (503) 783-3362 Direct (503) 885-0212 (503) 885-2181 fax rosemarvCcoabsincusa.com www.absincusa.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. it may also be privileged or otherwise protected by work-product immunity or other legal rules. The integrityand security of this message cannot be guaranteed on the intemet. if you are not the named addressee, you should not disseminate, distribute or copy this email, Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. Email transmission cannot be guaranteed to be secured or error-free, as information could be intercepted, corrupted, last, destroyed, arrive late or incomplete, or contain viruses. The sender, therefore, does not accept liability for any errors or omissions in the contents of this message which arise as a result of email transmission. Joanne Bengtson From: Nick Wilson [Nick@tigard-or.gov] Sent: Wednesday, August 05, 2009 9:14 AM To: Craig Prosser; Liz Newton; Councilmail Councilmail Subject: FW: Pools From: Wilson, Jared LISMTP:JARED.L.WILSON@INTEL.COMI Sent: Wednesday, August 05, 2009 9:16:55 AM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Cc: Wilson, Jared L Subject: Pools Auto forwarded by a Rule Dear City Council Members, My name is Jared Wilson. My wife Heidi and I live in Tigard with our two kids, Caitlyn and Nathan. We are writing in order to ask for your vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is critical to the city that the pools remain open and the only option today is to create an aquatic district. Since moving to Tigard from Hillsboro four years ago, we have extensively used the pools, first for open swim, and now for the last two years through the Tigard Tualatin Swim Team. Through the swim team Caitlyn and Nathan have developed self confidence, teamwork skills, and a focus on health and exercise that will be with them for a lifetime. With the pools in danger of closing we are afraid that these resources will be lost. The formation of an Aquatic District will provide a permanent, stable funding mechanism to keep both pools open for all residents to enjoy for years to come. Without the formation of the Aquatic District, the pools will likely close which will effectively have Tigard "outsourcing" aquatic education, recreation, and athletic activities to other local communities (i.e. Beaverton, Hillsboro). Tigard is a great place to live, and losing the pools would be a shame, and take away from the full complement of resources available to residents. Permanently closing the pools, with most households in these two cities still having to continue paying back the pool construction bond for the next 7 years, also seems like an incredible waste of money. However establishing the Aquatic District will help citizens utilize these investments. By approving the resolution to form an Aquatic District, we can decide for ourselves next May what's best for our community. Thank you for your favorable vote. Sincerely, Jared Wilson Tigard Citizen Jared Wilson Intel Silicon Group - FMO RA2-372, Pole D9 1 Phone: (971) 214-2792 E-mail: iared.I.wilson@intel.com R ~ r Cathy Wheatley From: Marland Henderson [Marland@tigard-or.gov] Sent: Saturday, August 08, 2009 11:23 AM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: PLEASE Vote to Save Our Pools! Follow Up Flag: Follow Lip Flag Status: Flagged From: Lynne & Matt Winkler[SMTP:WINKLERS.OR(r)COMCAST.NETI Sent: Saturday, August 08, 2009 11:22:49 AM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: PLEASE Vote to Save Our Pools! Auto forwarded by a Rule Dear City Council Members and Mayor Dirksen, You are about to be faced with making a decision regarding the fate of our Community's pools and indeed, a very important part of our Community. I am a concerned citizen whose family has used the pools for the 19 years we've lived in this area for everything from lap swimming to pregnancy fitness classes to swim lessons and now swim team. This area CANNOT afford to lose it's pools and has an opportunity to save them at a minimal cost per household. I cannot imagine living in an area that does not offer aquatics to it's residents. Our children (and adults) need to have every chance to participate in water-related activities. When you look at all the recent drownings in our area, it is abundantly clear that swimming lessons can and do save lives. It is our responsibility to drown-proof our kids. And with childhood (and adult) obesity at it's highest in history, we can't afford to take away any opportunity for our citizens to exercise, rehabilitate and stay healthy. 1 could go on for paragraphs about all the reasons why it's important for you to let the process for forming this aquatics district continue, but as representatives of the people of your City, you OWE it to them to give them the opportunity to decide to save our pool's. We can't take this service away from the residents of this area. So, I am asking you to PLEASE vote YES to save the pools. We're all depending on you to let this process proceed! Thank you for your time and service, Lynne Winkler Cathy Wheatley From: Sydney Sherwood [sydney@tigard-or.gov] Sent: Saturday, August 08, 2009 8:58 PM To: Liz Newton; Craig Prosser; Councilmail Councilmail Subject: FW: Please keep the Tigard pool open! Follow Up Flag: Follow up Flag Status: Flagged From: George & Andrea Wolfe[SMTP:GNAWOLFE&COMCAST. NETI Sent: Saturday, August 08, 2009 8:58:09 PM To: Sydney Sherwood Subject: Please keep the Tigard pool open! Auto forwarded by a Rule Please keep the Tigard High School pool up and running! We have lived here almost 10 years and use the pool often for swim lessons, birthday parties and weekend fun. It's very important to the community that these pools are kept open and available. I appreciate your time and effort in this matter!!!! Andrea Wolfe Tigard resident Joanne Bengtson From: Nick Wilson [Nick@tigard-or.gov] Sent: Tuesday, August 04, 2009 8:41 PM To: Craig Prosser; Liz Newton; Councilmail Councilmail Subject: FW: Please Vote Yes for the Aquatic District From: SG Yau SMTP:THEYAUS®YAHOO.COM Sent: Tuesday, August 04, 2009 8:41:08 PM To: Craig Dirksen; Nick Wilson; Gretchen Buehner; Marland Henderson; Sydney Sherwood Subject: Please Vote Yes for the Aquatic District Auto forwarded by a Rule Dear Council members, I live in Tigard and I am writing to ask you to vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is crucial that the pools remain open and our only option is to create an aquatic district. The formation of an Aquatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. The pools have been a valuable community resource which provides the citizens a place to play, exercise and learn. My two children learned to swim via the swim lessons at the Tigard pool when they were five. They are both members of the Tigard-Tualatin Swim Club and swim six days a week. My 17 year old child is a certified lifeguard and swim instructor through the pools. She has been working at the Tigard pool for the past year and half as a lifeguard and an evening swim instructor. She feels strongly about giving back by teaching the next generation of children to be good swimmers so that they can be safe in the water. Things have come a full circle for her. Please save the pools and vote yes to the formation of the aquatic district so that the citizens will retain access to a valuable community resource that has been vital to the community users, like my family. Sincerely, Siew-Gek Yau i Cathy Wheatley From: Nick Wilson [Nick@a tigard-or.gov] Sent: Tuesday, August 11, 2009 2:25 PM To: Craig Prosser; Liz Newton; Councilmail Councilmail Subject: FW: Swimming pools From: Norma Deuel[SMTP:NORDEUEL@COMCAST.NETI Sent: Tuesday, August 11, 2009 2:30:19 PM To: Craig Dirksen; Nick Wilson; Sydney Sherwood Subject: Swimming pools Auto forwarded by a Rule Dear Council Members, I currently live in the City of Tigard and as a regular user of the Tigard High Swimming pool, I ask that you vote in favor of passing the resolution to form an Aquatic District at this week's council meeting. The formation of an Aquatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. It will preserve these valuable community resources, while also relieving the school district of a large, ongoing budget expense. (www.savettpools.comJAquatic District.html>) The Aquatic District will be managed locally by residents of the district, make all operating decisions, and follow state and federal laws for accounting procedures. Such districts have been successfully created and run in other areas of Oregon, as well as in other states, for years. By approving the resolution to form the district, the citizens can decided for themselves next May what is best for their community. Thank you for your favorable vote, Norma Deuel August 10, 2009 Mayor Dirkscn and Council Members Tigard, Oregon RE: Development Code Amendment (DCA) 200$-00005/ Sensitive Lands Permit Requirements Dear Mayor Dirksen and Council Members: We are writing to comment on the City of Tigard's most recent proposal to remove and/or change the wording of Section 18.775.070.B.5 of the Sensitive Lands Code (SLC) Permit requirement which reads in part that "No pathway will be below the elevation of an average amlual flood." Fans of Fanno Creek is a local advocacy group for Fanno Creek and its tributaries with many members who donate significant time and effort during the year to plant native vegetation and remove non-native species. While many of our members use trails for various reasons, we do not support any building of new trails that would in any way cause negative impacts to our natural resources. We believe that 18.775.070.B.5 is a necessary part of the code and should NOT be removed nor changed as is currently proposed. We submitted previous conlInents regarding this code change and thus have standing in this platter. Today, our additional comments concern the most recent proposed wording for the Code Amendment which is proposed as "Pedestrian/bicycle pathways within the floodplain shall include a wildlife assessment that shows the proposed alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educational goals." Just stating that a wildlife assessment will be done does not mean or prove that impacts to significant wildlife habitat will be "Minimized". This was clearly demonstrated when a wildlife assessment was conducted for the proposed Fanno Creek trail north of the library, and despite the fact that both a turtle specialist and ODFW opposed the trail alignment due to its negative ilnpacts to turtles and hurtle nesting habitat, the hearings officer still ruled in favor of putting the trail on that site. How were impacts "minimized" in this case? A great deal of disturbance to sib nificant wildlife on that site will occur due to not only the trail and where it is going to be located, but the amount of use it will get, including dogs and "noise" due to trail users, and this in turn will preclude turtles or other sensitive species fiom using that significant habitat. Users will not stay on the trail, that is a given as they go off trail anywhere a trail goes in, that occurs everywhere in the city and the region and is a major problem as people and dogs disturb wildlife, trample vegetation and really cause significant damage to resources, including "significant habitat". The city in this case needs to develop a clear definition of "minimizes" which then needs to be available for the public to comment on and this has not been done to date. How will the assessment "shows" that the aligninent minimizes impacts to significant wildlife habitat? What does "shows" mean? Does it mean "ensure"? The PC wanted the words "to ensure" in their definition but this was removed and changed to "shows". Does that mean it has less strength and is weaker in its clarity to prove that impacts will truly be "minimized"?? Until "shows" is defined one cannot adequately comment on this amendment. • There is new wording added that talks about balancing the community's recreation and cnvironinental educational goals. There is no reason wiry we can't keep trails out of the "average annual floodway" and still meet recreation and environmental goals. We already have many, many trails in Tigard and we have been using those to reach our environmental goals. For example, the Riverkeepers often does trail walks on Fanno Creek trail, focusing on wildlife, habitat needs, birdwatching, etc. These types of activities help to meet our goals while using existin trails. Take a good look at the Fanno Creek Park and the many trails in it; it is heavily bisected by trails and if one walks on these trails, one surely can't say we need more trallS in this area?? We can use these existing trails for education and they are already being used for birdwatching, walking, biking, etc. Several of the trails need to be removed, including the one on the south side of the creek where the bank is failing and falling into the creek. Please remember also that with too many trails and too much disturbance, wildlife WILL leave an area. Do we really want that to happen here? Wildlife needs quiet, backwater and forested areas to hide and be safe from humans, as we are a top predator to them. What good will environmental educational goals be if there is nd wildlife to watch? Do we want natural areas that are devoid of wildlife? • An earlier staff report said that the CWS Design and Construction Standards (DCS) provide additional protection as related to the proposed removal of this SLC. The CWS DCS are designed to address water quality and flood management and do not address wildlife habitat needs and they were never intended to meet the habitat needs of wildlife. The Tualatin Basin Natural Resources Coordinating Committee, of which Tigard is a member, adapted the CWS DCS in order to meet the requirements of Goal 5 and Nature in Neighorhoods (NIN). However, it is not possible to use the CWS DCS to meet Goal 5 and NIN, since the CWS DCS only relate to water quality and flood management, not significant wildlife habitat, so Tigard is out of compliance with Goal 5 and NIN, and changing the original wording of the Sensitive Lands Code and allowing pathways anywhere in the f7oodplain further decreases protection of signif cant wildlife habitat in Tigard and makes the city even more out of compliance with Goal 5 and NIN than they already are. • The proposed removal of the original wording for this part of the SLC, and the new wording which would allow trails anywhere in the floodplain, actually will take the City of Tigard out of compliance with its earlier commitment to the Nature in Neighborhoods provisions of Goal 5 of the Metro code. The findings by Tigard for this proposed change states that the conflict between balancing the protection of significant wildlife habitat mid meeting recreation and environmental education goals will be "necessary to achieve the City's recreation and environmental education goals". This clearly indicates the city of Tigard will not be able to "balance" those needs but rather intends to put more emphasis on the recreation end of it and little toward really protecting significant wildlife habitat and the species that reside in these habitats. In conclusion, we OPPOSE dropping the original wording of this part of the Sensitive Lands Code and we OPPOSE the new proposed wording as it would allow trails anywhere in the floodplain in the city of Tigard and would have disastrous affects on water duality, wildlife habitat and the many species that use these habitats. Tigard has failed to develop in this matter "clear and objective standards" as required by METRO code 3.07.1330 C as required by METRO when implementing ordinances. The current language change proposed is not a perforniance standard nor does it propose a numerical standard by which to judge what effects this proposed language change could have on our natural areas and significant habitats, and until this is all done in a satisfactory manner, this code mist stay as it is. Thank you for your consideration in. this matter. Sincerely; Susan Beilke, Board Member Fails of Farnlo Creek A ftaoirneaf 8 -(~;t Town Halls and "Over Coffee" Discussions (replacing former 5"' Tuesday format) Goal: Provide an opportunity to meet with Tigard citizens about once a quarter with one or two City Council members to exchange ideas pertinent to the City of Tigard. The venues will be two Town Hall meetings and two "Over Coffee" discussion opportunities during the year, beginning in September 2009. Town Hall Meetings September 29* One or two City Council members and invite Senator Burdick and or October 6, 2009 Representative Galizio and June 29, 2010 Format: 7-9 p.m. Elected Officials to take questions from the audience. Elected Officials share information about current issues, events, projects. *September 29, 2009 reserved for an extra meeting date for the City Council to have a discussion on aspirations and goals, so staff suggests moving this to the first Tuesday in October. Over Coffee Discussions First Saturday in February (2/6/10) Hold a Coffee/Refreshment hour with one or two City Council members 10-11 a.m. before the Neighborhood Open House in the Library Community Room Fifth Tuesday (3/30/10) Invite people to drop by for coffee at a coffee shop or Fanno Creek House 7-9 p.m. to visit with one or two City Council Members or a Saturday? (4/4/10) 9-10 a.m City Council direction to staff: Dates Meeting Formats . L\J%DM\C:AT1TY\PR0IE(-TS\Fifdt Tuesdiv Altemtives\Town Halls 2nd Coffee I-Inuse Discussions.docx AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: August 11, 2009 (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 c oric erns 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 ofpenons 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: ~ PI-qo q--2 Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address 5 V° City State COP- zip-eK_ Phone No. Name: S / ~H 6 . 2' 1.9 R Also, please spell your name as it sounds, if it v01 help ronounce: the residin officer z' ? p g p r 0 P- r Address i 3 3 k4 fflll R City T ,'L'am 17 - State Zip a '/14 4Z Zz l Phone No. 9-- Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City . State Zip Phone No. CITIZEN COMMUNICATION C 13 -2n Conn Dear Mayor and the members of the Tigard City Council; I would like to express my gratitude for the opportunity and the time given to me, so I can submit to the council a brief letter regarding the recent events in my country Iran. I am an Iranian-American, who was born in Iran and is residing in this beautiful State of Oregon, having the United States of America as my second home for the last 22 years. As an involved citizen who has received a medal of recognition from the National Republican Congregation Committee and as an individual who have served seven years on the City of Beaverton Human Rights Advisory Commission and four years on the Police Advisory Board, I am asking the council to extend its support to millions of Iranian people who are seeking basic human rights and to condemn the on going violence, killings and human rights abuses that are clearly seen and reported by the media Worldwide. The violence and brutality displayed by the government of Islamic republic of Iran against peaceful protesters has been condemned by many countries, international and Non- Governmental organizations as well as the congress of the United States and number of politicians and activists, thus I ask the council to do the same in expressing its support for the rights of Iranians to peaceful assembly, free expression, and free access to information. Thank you for attention to this important issue. I Sincerely,. Gll Siavash Dslami,zar .t To Tigard City Council; Iran's tenth presidential election was held on June 12th 2009, with incumbent Mahmoud Ahmadinejad running against three challengers. The campaign was the most expensive in the Islamic republic's history, with the two main candidates spending more than tens of millions of dollars in bid to convince voters to support them. On Junta 13th a day after the election, Islamic Republic News Agency, Iran's official news agency, announced that with two-thirds of the votes counted, Ahmadinejad had won the election with 63% of the votes cast, and that Mir-Hossein Mousavi had received 33% of the votes cast. The European Union, United Kingdom and several western countries expressed concern over alleged irregularities during the vote, and many analysts and journalists from the United States, Europe and other western based media voiced doubts about the authenticity of the results. Immediately, after the release of the results clashes broke out between police and groups protesting the election results from early morning on Saturday June 13th onward. Angry crowds in Tehran broke into shops, tore down signs, and smashed windows. Civil unrest took place as protesters set fire to tires outside the Interior Ministry building and others formed a human chain of around 300 people to' close off a major Tehran street. When thousands of opposition supporters clashed with the police, Facebook was filtered and some news websites were also blocked by the Iranian authorities. Mobile phone services including text messaging also stopped or became very difficult to use. Associated Press labeled the actions "ominous measures apparently seeking to undercut liberal voices". The demonstrations grew bigger and more heated and demonstrators are chanting phrases such as "Down with the dictator", "Death to the dictator", and "Give us our votes back"_ The pro- Ahmadinejad protesters, chanting the phrases "Death to America!" and "Death to Israel". Over half a million reformist Iranians marched silently on June 17th. The National Iranian American Council stated that day that 32 people had died protesting so far. 4 According to the Telegraph, on 14th of June "Iran's regime was doing its utmost to choke off the flow of news from its capital. Reporters from the Italian public television broadcaster stated that one of its interpreters was beaten with clubs by riot police and the officers then confiscated the cameraman's tapes. Police and a paramilitary group called the Basij have violently suppressed the protests, firing into crowds and using batons, pepper spray, and other weapons- The Iranian government has confirmed the deaths of twenty people during the protests, while unconfirmed reports by dissidents say that there have been nearly 250 deaths in the 10 days preceding June 25th. Iranian authorities have closed universities in Tehran, blocked web sites, blocked cell phone transmissions and text messaging, and banned rallies. The Guardian is maintaining a list of the many people who have ostensibly been either killed or arrested since the election. The government has issued very little official information on who has been killed or arrested (except Neda Agha-Soltan, whose video circulated quickly on the internet). Hospitals were prohibited from registering the dead bodies or injured people, as a medical student at hospital witnessed on the night of June 15th. Hiding such information makes it hard to determine the true number of people killed during the protests. The government admitted to at least 27 fatalities in Tehran, while CNN and other news organizations reported 150 unconfirmed casualties from June 20th protests. Ynternational Campaign for Human Rights in Iran counted 31 of them, which motivated human rights activists in Iran to issue a call for independently collecting information about the killed, injured and arrested people. The families of those who died were allegedly subjected to penalties and bureaucratic red tape, such as being asked to sign paperwork that they do not have complaints against the government prior to being allowed to claim bodies. When the death was due to gunshot wounds, some were reportedly asked to pay a $3,000 fee, ostensibly for the bullet used by security forces. Restrictions on burial locations have also been reported. Government did not permit a memorial service for Neda Agha-Soltan. .t Neda stood witness history. Hours later her potent story of to wash around t her own country, on the fringe of a demonstration, wanting to A gunshot rang out and she fell to the ground. death was on the Internet. The extraordinarily Neda, the 25-year--old Iranian woman continued he world touching everyone except the rulers of who did their level best to suppress it. As of today the protests following the 2009 Iranian presidential election against electoral fraud and in support of opposition are strongly underway in Tehran and other major cities in Iran and around the world. Iranians are determined to continue the fight against the Islamic Republic of Iran and are demanding the release of thousands of innocent individuals who are behind bars, being tortured under appalling circumstances for mere expression of opinion and refusal to repent. It is worth mentioning that due to this ongoing horrendous state of affairs, during the past 27 years over 3.8 million Iranians have sought refuge in other countries. Still today, by the regime's own official statistics, over 200,000 are leaving Iran each year. Beaverton Iranian Committee (BIC) j ~ Siavash Eslami.zar 11 References: h~tn://°-n.wi}inedia.orp/wi}:i/Irenian presidential election, 2009 • ntta://caa~fa.cnr..com/2 0 0 9 /47082.~/mezst{D7/05/iren.electior..olerics/ Win://www..iri-cr mmes.cie/ •k PROCLAMATION OFFICE OF THE MAYOR CITY OF BEA VERTON at°;^ n s Ch'TtNK`, WHEREAS, Beaverton's Iranian-American community is an important part of the City's and Region's cultural diversity; and WHEREAS, Iranian--Americans have made significant contributions to our community in the fields of science, business, and industry; and WHEREAS, Beaverton values its rich, diverse ethnic and multi-cultural community; and WHEREAS, recently, the Islamic republic government has displayed violence and brutality to peaceful Iranian protestors; and WHEREAS, these abuses have been condemned by many countries, governments and nongovernmental organizations; and WHEREAS, the City of Beaverton supports the rights of Iranians to peaceful assembly, free expression, and free access to information. NOW, THEREFORE, 1, Denny Doyle, Mayor of the City of Beaverton, Oregon, do hereby proclaim Monday, August 17, 2009 as: IRANIAN SOLIDARITY DAY in the City of Beaverton and extend our support to the millions of Iranian people who are seeking and deserve basic human rights. x Denny Doyle Mayor ~Y Crr~ OF PORTLAND X% Z~ ~Vfz/xej the IraTllan AmeriCans Jlv]ilo 1T151eort!&i7d ~'Setlopolitall cZrea, area vil7ran~ part of t~Ze cit} and -work in'inmly key positions in the:field. of art, Business, edueation,'medicine, science and d' try; and i P us: 1 1 /GP/Jt l/lj tile.lYallSan ril11eL'3.C~17,1 CQll1IIlU17.1~-}r aS-C1rOU~l1t Arioadselection.or c111tLLl'a3 ant~ arEL-tIC events ' 1nC~llding•ail allnual, CSt1Val Mato tl1C,-CLL Lu al mos6ic-of the Clt~'-oi Roses; sand 1 `[J~LP/XP.tLJj oII JLllle 11~r LU00,: - - ople in Iran partlclpated in a presldentlal-cloalon, but most ol seYVcrs- -pe and experts on.Iraii are of the opinion that the.results. announced-by.tllc government did not reflect klle .will: o the people; and gU!'GP elaG, massive no denlonstratlolis i-ul- e streets of TeL*F,- deniaildej the reversal of the results ofthe elections and asl,,ed.far dem*erai.c cllailLes to-the system o1 govezn*nenL- and %LJ!'GP/?rBCr/S, -1I1s tCad o1 115tCning' to Lbe PaCeful-delllalld? of lIlillIQ125 Of C1eI710225tratoYSr the i Lanlr~ Ill j . all loiities..dGClded' tCi w .e; ~l?rutal' ,forcC:.m.order to sLlenCe the dissents as tl1, 7oriCl CVc3tL:llC%C~ 4,rougll-ti e eyes of i'repbi.-ters; and 1.i)lin at 1 ;~V UI e{z1; armed militia 'axld plain elotla.es policemen Craelhed don L onprotestors, - cam 9 according tIo state-oivlled IRI Broadcastin,;, arresting more, IL ri 1500 people and per5ecutin' tllelll for taf inrg. part in the peaceful den-fonstrations;- ana - - fricllds «<l~a are ~rl;: Traalian 1mericans.li~ing --m Orepon and 5~~ ~~as113llaton lave relatives. and duectly suffered By: these events. Tlxcy have come -tabctllcr in several 6_ils and dern.onstra='_ions in Portland to sliaarl?eir support for the people's Green ave. NIQVeILlent for Dei~loc ac}' in Iran; Viand - - - - ~LI~L~✓I~L'CZCy, tliC City; of .r old and on several Occasion" IIi the past llas Gl1oLLi71 support &-)r the c Llailial7J,co~7Ic By CQ11de12121122g trlire l]osti1le polidies of the y S administration and the threat of LVar on. 1C. iL, and In support.oT i:riendsSlip BLtsveeil the two natio;is, . T7.~~ 11 Sam ~.dams;..Ma-yor:of tb:. City of Portland, Oreoon, `the City of roses" CIO !IeL-L!b\' proclaim Satuzday, ~uly 401 2009 to be. a . Lf1%tLI/lL City ofTigard Tigard Business Meeting - Nfinutes TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) & CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE/TIME: June 9, 2009/6:30 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 Mayor Dirksen called the meeting to order at 6:30 p.m. Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buehner ✓ Councilor Henderson Councilor Webb ✓ Staff present: City Manager Prosser, Assistant City Manager Newton, Community Development Director Bunch, Planning Manager Bewersdorff, Human Resources Director Zodrow, Engineering Manager McMillan, City Attorney Ramis, Labor Attorney Darn, City Recorder Wheatley • STUDY SESSION Track 2 • Review Fifth Tuesday Alternatives City Recorder Wheatley introduced this discussion topic. During the Council Goal Setting Meeting for the Council's 2009 Goals, Council members also created a list of tasks. One of the tasks was to consider alternatives for Fifth Tuesday meetings. Background information on the history of the Fifth Tuesday meetings is on file in the Council meeting packet. Council decided to hold a Fifth Tuesday meeting on June 30, 2009, until it can have the discussion on whether to continue holding these sessions or to try something new. Council discussion included the following: o Current status o1 a typical Fifth Tuesday meeting: • Meetings are not well attended. The few who attend are regular attendees. People stay for the entire session even if their "piece" takes five minutes or less. ■ Is the citizen communication section on the regular City Council agenda adequate or are people intimidated to testify before the City Council during this type of venue. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES -June 9, 2009 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 Wwxv.tig~,t d-or.gov I Page 1 of21 ■ Is the citizen communication section on the regular City Council agenda adequate or are people intimidated to testify before the City Council during this type of venue. o Other alternatives discussed: ■ Change the format of the Fifth Tuesday meetings; i.e., have people submit questions in advance allowing the City Council to do some preparation and eliminate those who attend to air spontaneous issues. ■ Reviewed the Mayor's list (contained in the packet materials); i.e., holding "coffees"; developing a forum for Town Hall meetings. ■ "Coffees" were explained by the Mayor. Let it be known that the Mayor and a City Council member will be at a certain coffee shop at a certain date and time. ■ Assistant City Manager Newton noted three Neighborhoods would be having annual meetings this week. She suggested perhaps one or two City Council members might attend (no quorum) to talk to those who attend the neighborhood meetings. Mayor Dirksen said he would like to be at these neighborhood meetings as a rule. ■ Hold a Town Hall two times a year and have Senator Burdick and Representative Galizio also attend so City and State issues can be discussed. Mayor Dirksen advised that when our legislators hold Town Halls in Tigard, the City Council is also invited to take part. A County representative could also be invited. o Council discussion and consensus: ■ Citizens are emailing City Council when there are concerns and issues are resolved. ■ Hold a coffee (on a Fifth Tuesday night) and a Town Hall a couple of times a year (no quorum). These will be scheduled so they are occurring approximately each quarter. ■ Attend a meeting of each of the neighborhood networks one-time a year (no quorum). ■ Mayor Dirksen encouraged the City Council members to attend the City booth at the Balloon Festival to meet people. R NLC Prescription Card Program Assistant City Manager Newton reviewed this item with the City Council. Information was received by the City Council and is in the meeting packet material. (Memorandum dated May 19, 2009, from Joanne Bengtson to the Honorable Mayor and City Councilors.) Track 3 Assistant City Manager Newton advised that staff thinks the City should try this program and evaluate it in six months. Council consensus was to proceed with a trial period. • Administrative Items Review City Manager Prosser reviewed upcoming events on the Council's calendar. City Manager Prosser reviewed information pertaining to tonight's business meeting: o Agenda Item No. 4 - Senator Burdick and Representative Galizio are unable to attend; this item will be deleted. o Consent Agenda Items 3.6 and 3.8, relating to the urbanization forum resolution, will be removed from the Consent Agenda far separate consideration. The resolution was revised several times; the most recent version was distributed to the City Council. City Manager Prosser confirmed that the City of Banks should be named within the text of the resolution. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES June 9, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 wwxv.tigard-or.gov I Page 2 of 21 o Budget-related documents were distributed to the City Council. o A revised ordinance was distributed to the City Council relating the to the Fields Comprehensive Plan amendment. City Attorney Ramis advised the changes were not substantive (grammatical changes and the substitution of numbers to provide information that is more accurate). • EXECUTPJE SESSION: The Tigard City Council went into Executive Session at 6:55 p.m. under ORS 192.660(2) (a) (d) and (e) to discuss employment of public officers, employees and agents, discuss labor negotiations and real property transaction negotiations. Executive Session concluded at 7:29 p.m. (Note: The Executive Session resumed after the Business meeting at 9:30 p.m.) 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council, Local Contract Review Board, and City Center Development Agency to order at 7:38:26 PM 1.2 Roll Call: Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buehner ✓ Councilor Henderson ✓ Councilor Webb ✓ 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 7:39:21 PM Mayor Dirksen advised that two weeks ago he participated in the joint Policy Advisory Committee on Transportation UPACT) retreat where potential and recommended fimding sources and revenue assumptions for future transportation projects were discussed. As a result, Metro has recommended to revise the Regional Transportation Plan. This was revision was reviewed on Monday by the Washington County Coordinating Committee. JPACT will be meeting again and will be requested to vote on some of these recommendations. Mayor Dirksen said he wanted to make the City Council aware of some of the issues for consideration and response. Mayor Dirksen outlined some of the issues: Funding sources • Recommendation that there be the equivalent of a one-half cent per year increase in the gas tax to continue for about ten years. • Discussion that all cities and counties should consider a street utility fee similar to the one that the City of Tigard has to provide local and county revenues for street maintenance. This would free-up funding for capital projects. • Recommendation that all local governments should institute a local System Development Charge to cover finding for local road improvements. The County's SDC will be only for roads that axe of County significance. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES --June 9, 2009 City of Tigard 13125 SW 13x1! Blvd., Tigard, OR 97223 1 503-639-4171 tvwwAgard-or.gov I Page 3 of 21 • Recommendation that the vehicle registration fee continues at about $2 per year and that counties consider increasing or instituting their own vehicle registration fee. • Discussion of the appropriateness of tolling. The conclusion was that we should consider tolling on new construction. It was not appropriate to place tolls on existing structures or in existing highways. • Recommendation that the payroll tax, considered by Metro, needs to increase for transit operations and maintenance. • Recommendation that 60 percent of the payroll tax increase should go toward high-capacity transit and 40 percent to go toward frequent bus or local bus route improvements. • Would like to see for high-capacity transit federal and local matching sources at least 60 percent come from a federal source. There was a suggestion that if high-capacity transit was going to be the new focus of the Federal Transportation System, we should lobby the federal government to return to the focus it had in the 50's and 60's when the federal government provided up to 90 percent of the funding for the interstate highway system. The above recommendations will be considered by JPACT on June 11, 2009. Mayor Dirksen distributed an agenda for the June 11 JPACT meeting and reviewed items for consideration. Mayor Dirksen advised that at the Washington County Coordinating Committee the funding resources identified were based on what was felt to be economically and politically feasible rather than what was actually going to be needed. There is in excess of $2 billion in highway construction/expansion needs now; however, the WCCC could see no way to come up with those kinds of funds. Mayor Dirksen said he would appreciate feedback and comments from the rest of the City Council members. 1.5 Call to Council and Staff for Non-Agenda Items: None 7:48:41 PM 2. CITIZEN COMMUNICATION ➢ Citizen Communication Bob Sitnonyi and Randy Richardson, 7060 SW Beveland Road, Tigard, OR 97223 testified. Mr. Sunonyi referenced written testimony, which is on file in the City Recorder's office. His testimony included: o Their property on SW Beveland located in the Tigard Triangle was purchased in 1999. The property was listed by the realtor as commercial and was purchased by them with a commercial loan. o In March 2008, they received a letter from the City stating they were in violation of City Code because they converted a residential building to commercial use without going through the required permit process. The City advised that City records showed the only use for this property was residential. The current property owners did not convert the property. o He reviewed what the City was requiring and the history of discussions on the scope of work and a possible reduction in the amount of work that would be required. The cost of the work required was estimated by the property owners to be about $300,000. o The property owners advise there are no customers visiting their site and they have very little employee traffic. o On April 2, 2008, the property owners received a second voluntary compliance agreement from the City with a letter that said they had to have a review in by June 1, 2008 or vacate by July 1, 2008. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES -June 9, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of 21 o The property owners hired an attorney to communicate with the City. Rough proportionality and the taking of their property were questioned. No response was received from the City. o In May 2008, the property owners received a letter from the City with a final voluntary compliance agreement that said the case had already been reviewed by Code Enforcement. Three violations were listed dating back to March 3, 2008. o The property owners did not sign anything since their basic questions were not being answered. o The property owners attempted to get some discovery from the City, including the City's analysis of the rough proportionality test. They were told by the City that there was no case pending against them, so no discovery was needed. At this point all cominunication stopped and the property owners said they thought "it was over." o In October, the property owners received their first fonnal citation from the City alleging three violations at $250 per day per violation dating back to March 3 for a total of more than $260,000. The property owners said this was their first notice of a fine. o The property owners hired a second architect to do some work and the architect talked to Albert Shields of City Staff. The architect had a verbal agreement with Mr. Shields that they could develop only one street and wait for formation of a Local Improvement District for the other street. o The City changed its mind and told the property owners they would have to develop both streets, give up their property, and pay all the fines. o After the formal violation charge, the property owners pressed the City for more discovery and found out that at the time the City charged them with converting the residential property, it knew they did no such flung. The property owners learned that in 1991, the City granted commercial use to the seller and acknowledged that the property had been converted to commercial use long before. o In 1997, the issue resurfaced and the City reaffirmed to the sellers that the property had been converted to business use and could continue as a commercial use. (Reference: November 10, 1997 letter from Julia Powell Hajduk, Associate Planner, to Velma Zeek. This letter is on file in the City Recorder's office.) o The property owners said they are appearing before the City Council tonight to plea for help. They do not understand why the City keeps promising one thing only to negate it in the future. They are asking some basic questions about rough proportionality and the taking of land and getting no response from the City. They have been trying to work with the City and do not understand how they can receive a first fine notice of $260,000. They are a small business and cannot afford $300,000 in improvements and an unwarranted $260,000+ in fines. The property owners have spent a lot of time and money on site development reviews and legal fees only to be rejected every time. These costs would clearly put them out of busuess. They bought a piece of property 11 years ago that the City knew was converted to commmercial use long before they bought it. The allegations and fines should be dropped. Council President Wilson cominented on this type of situation and where there might be some confusion. The property was rezoned commercial when the Tigard Triangle Plan went into effect. The change of use is a different thing. It is not just a matter of what the property is zoned; it is what the use was versus how it is changing. Council President Wilson said that if, in fact, the property owners have documentation showing the property was an approved similar use before, then perhaps it is just a matter of looking at the record. Mr. Richardson said they do not understand why the City Attorney will not respond to them and they are being pressed into going to court. City Manager Prosser advised that Community Development Director Bunch is present. He suggested that Mr. Bunch meet with these gentlemen now to begin a review. City Manager Prosser said staff will look into this, sort out the facts, and report to the City Council TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - June 9, 2009 City of Tigard 13125 5W Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Mtge 5 of 21 Mayor Dirksen advised the property owners that die goal is to make sure the right things are done to resolve the situation. He said it appears that what is needed is to have all of the participants in the same room at the same time. Councilor Webb advised the City Council will hear about the status of this matter. 7:57:08 PM ➢ Luanne Tluelke, 15691 SW Surmnerfield Lane, Tigard, OR 97224, testified regarding cell phone towers. She submitted for the Council's review 24 photographs of cell tower sites in the City of Tigard along with information illustrating how to camouflage unsightly communication towers. These documents are on file in the City Recorder's office. Ms. Thielke said she talked to a City of Tigard staff member who advised the City camouflages cell towers and referred to the tower on Canterbury Lane at 104°i Avenue. Photo No. I submitted by Ms. Thielke shows this site; she said, "that camouflage is a joke... it's horrible." Ms. Thielke referred to the literature from some California coininunities about successful camouflage solutions. This literature is on file in the City Recorder's office. She urged City Council and staff to pursue this so our City is "not a bunch of cell towers." Mayor Dirksen mentioned that cost would be of consideration. Ms. Thielke said the California communities pay for the camouflage through fees and development charges. h-i response to a question from Mayor Dirksen, the Council members agreed to have staff research costs and deterinine what processes might be available make this work better. Mayor Dirksen said he believed that the cell tower on Canterbury was an experiment rather than a "successful job." 8:02:18 PM ➢ Pavel Gobennan, P. O. Box 1664, Beaverton, OR 97075 signed in to speak regarding a complaint against the Oregon State Bar. Mayor Dirksen advised Mr. Gobennan that the City Council received inforination previously on the issue Mr. Gobennan indicated he wanted to address. Mayor Dirksen advised Mr. Goberman he would be allowed two minutes to address the City Council. Mr. Gobennan said the Oregon State Bar's office is located in Tigard and the City issued a business license to this organization. Mr. Goberman advised he will be a candidate for the US Senate in 2010. Mr. Goberman spoke about the Columbia River Crossing project and his concerns about how this can be funded. Mr. Goberman referred to his complaints against the Bar. hifonnation regarding some of his concerns is referenced in written material prepared by him; this material is on file in the City Recorder's office. Councilor Buehner advised Mr. Gobennan that the Oregon State Bar is a state organization, governed by state statute. Cities have absolutely no authority over the Bar or similar licensing agencies. Mr. Goberman contended that City of Tigard has an interest because the Bar's office is located within the City. 8:07:21 PM ➢ Follow-up to Previous Citizen Communication: Norge TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - June 9, 2009 Cityof Tigard 13125 SW I-Iall Blvd., Tigard, OR 97223 1 503-639-4171 www.rigard-or.gov Page 6 of 21 8:07:19 PM Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA 3.1 Approve City Council Minutes for April 7 and 21, 2009 3.2 Receive and File: a. Council Calendar b. Tentative Agenda c. Notes from May G, 2009 Mid-Point Review of 99W Corridor Long Range High Capacity Transit Design Vision with University of Oregon Graduate Students 3.3 Authorize Nature in Neighborhoods Grant - Resolution No. 09-31 A RESOLUTION AUTHORIZING THE SUBMISSION OF A METRO NATURE IN NEIGHBORHOODS CAPITAL GRANT APPLICATION TO PARTIALLY FUND ACQUISITION OF THE SUMMER CREEK PROPERTY. 3.4 Authorize Watershed Enhancement Board Grant - Resolution No. 09- 32 A RESOLUTION AUTHORIZING THE SUBMISSION OF AN OREGON WATERSHED ENHANCEMENT BOARD GRANT APPLICATION TO PARTIALLY FUND ACQUISITION OF THE SUMMER CREEK PROPERTY 3.5 Approve a Supplemental Budget via Budget Amendment #9 to Increase Appropriations in the Urban Services Fund to Allow Transfer of the Fund to Washington County- Resolution No. 09- - 33 A RESOLUTION APPROVING A SUPPLEMENTAL BUDGET VIA BUDGET AMENDMENT #9 TO THE FY 2008-09 BUDGET TO INCREASE APPROPRIATIONS IN THE URBAN SERVICES FUND TO ALLOW TRANSFER OF THE FUND TO WASHINGTON COUNTY Item 3.6 irmoved fro»r The ConsentAgenda far separate disai lion; see beloip 3.6 Approve Budget Amendment #10 fbi- Uibafti~atiati Forum 3.7 Approve Budget Amendment #11 Transferring $40,000 from the Gas Tax Fund Contingency to Community Development program to pay for Unanticipated Street Light and Signal Expenditures - Resolution No. 09-34 A RESOLUTION APPROVING BUDGET AMENDMENT #11 TO THE FY 2008-09 BUDGET TRANSFERRING $40,000 FROM GAS TAX FUND CONTINGENCY TO THE COMMUNITY DEVELOPMENT PROGRAM TO PAY FOR UNANTICIPATED EXPENDITURES FOR STREET LIGHTS AND SIGNALS Item 3.8 irmoved from the Consent Agenda for separate discussion; see below. 3.9 Approve Request to Use Abandoned Rail Corridor for Trail - Resolution No. 09-35 A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING THE FILING OF AN OFFICIAL REQUEST, INCLUDING A STATEMENT OF WILLINGNESS TO ACCEPT FULL TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - June 9, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 7 of 21 FINANCIAL, RESPONSIBILITY, TO THE FEDERAL SURFACE TRANSPORTATION BOARD TO USE AN ABANDONED RAIL LINE FOR A TRAIL 3.10 Consider Naming Fanno Creek House- Resolution No. 09-36 A RESOLUTION NAMING THE CITY-OWNED RESIDENCE AND PROPERTY AT 13335 SW HALL BOULEVARD AS THE "FANNO CREEK HOUSE" 3.11 Authorize Collection of Washington County Transportation Development Tax -Resolution No. 09-37 A RESOLUTION AUTHORIZING THE CITY OF TIGARD TO COLLECT AND ADMINISTER THE COUNTYWIDE TRANSPORTATION DEVELOPMENT TAX 3.12 Approve Intergovernmental Agreement with the cities of Sherwood and Cornelius regarding ARRA Pavement Preservation - Resolution No. 09-38 A RESOLUTION OF THE CITY COUNCIL APPROVING AN AGREEMENT WITH THE CITIES OF CORNELIUS AND SHERWOOD TO COMBINE THE THREE INDIVIDUAL PROJECTS FUNDED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) INTO A SINGLE PROJECT FOR A MORE STREAMLINED PROCUREMENT PROCESS AND GREATER ECONOMIES OF SCALE 3.13 Approve Letter of Support for TriMet's Westside Express Service (WES) Horn Noise Waiver Request to the Federal Railroad Administration TRA) - Resolution No. 09-39 A RESOLUTION OF THE CITY COUNCIL EXPRESSING SUPPORT FOR TRIMET'S WESTSIDE EXPRESS SERVICE (WES) HORN NOISE WAIVER REQUEST TO THE FEDERAL RAILROAD ADMINISTRATION (FRA) 3.14 Local Contract Review Board: Award a Contract for Water System Development Master Plan Motion by Council President Wilson, seconded by Councilor Webb, to approve the Consent Agenda, with Item Nos. 3.6 and 3.8 removed for separate discussion and consideration. The motion was approved by a unanimous vote of City Council present: Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes 8:09:50 PM The following items avere imrovedfrow the ConseutAgenda for separate Cornrcil discrrssion and cairsideration: 3.8 Approve Resolution regarding Washington County Urbanization Forum - Resolution No. 09-40 TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - June 9, 2009 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 www.tigard-or.gov Page 8 of 21 Mayor Dirksen advised that the City of Tigard took part in a countywide urbanization forum. This agenda item has to do with approving the final resolution. 8:10:15 PM Assistant City Manager Newton summarized the matter before the City Council. The proposed resolution is to support the work of the Urbanization Forum and to commit and undertake and complete the specific actions recommended at the earliest possible time. She said this process that began and concluded in 2008. The resolution has language regarding how the County will move forward with looking at ways to provide services to urban unincorporated areas and urban expansion areas. Assistant City Manager Newton advised there have been recent changes to the resolution. The most recent version was provided to the City Council today, which adds a comment in Section 1, No. 2 - "The provisions of the resolution also apply to the land south of the City of Tualatin and north of Wilsonville brought into the Urban Growth Boundary in 2002 and 2004." The City of Tigard added language that was picked up by the Steering Committee that talks about urbanization policy and the ability of the County to find funding and legislative remedies for providing services in urbanized unincorporated areas. The City of Tigard said we would support this language if the funds were assessed or paid for by the people who were being provided the services and would not impact people in cities that also live in the County. Councilor Webb pointed out that the City of Banks had been left out the resolution and was added to the most recent version of the resolution. Mayor Dirksen said over the last 20 years there has been less than complete satisfaction with the way urban expansion and planning for new areas in the Urban Growth Boundary has been done. In an effort on the part of the County and the cities within the County to determine how this could be done better in the future and resolve some issues regarding areas that have been urbanized, this long process was embarked upon. There were many compromises. The result is at least better than what we had previously. This same resolution is being considered by every city and special district that took part in the forum as well as the County. Assistant City Manager Newton also noted the Council discussed this matter at length on April 21, 2009. Motion by Councilor Buchner, seconded by Council President Wilson to adopt Resolution No. 09-40, noting that the City of Banks should be added to Section 1 on Page 2. RESOLUTION NO. 09-40 A RESOLUTION OF THE TIGARD CITY COUNCIL IN SUPPORT OF THE WORK OF THE URBANIZATION FORUM AND A COMMITMENT TO UNDERTAKE AND COMPLETE THE SPECIFIC ACTIONS RECOMMENDED AT THE EARLIEST POSSIBLE TIME The motion was approved by a unanimous vote of City Council present: Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - June 9, 2009 City of Tigard [ 13125 SW HA Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 9 of 21 8:14:26 PM 3.6 Approve Budget Amendment #10 for Urbanization Forum - Resolution No. 09-41 Finance and Information Services Director LaFrance introduced this agenda item. There was shared cost for the moderation of the Form. The City of Tigard's share is $9,915. This was not a budgeted item; therefore, the proposed resolution will appropriate these farads from General Fund Contingency into the Community Development Program. Motion by Councilor Buehner, seconded by Councilor Webb, to approved Resolution No. 09-41. A RESOLUTION APPROVING BUDGET AMENDMENT #10 TO THE FY 2008-09 BUDGET TRANSFERRING $9,915 FROM GENERAL FUND CONTINGENCY TO THE COMMUNITY DEVELOPMENT PROGRAM TO PAY FOR TIGARD'S PORTION OF EXPENSES RELATED TO WASHINGTON COUNTY URBANIZATION FORUM The motion was approved by a unanimous vote of City Council present Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes Item No. 4 was removed from the Agenda. Senator Burdick and Representative Galizio were unable to attend. GALIZI9 8:16:48 PM 5. PUBLIC HEARING - CONSIDER A RESOLUTION CERTIFYING THE CITY PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES a. Mayor Dirksen opened the public hearing. b. Summation by Finance & Information Services Department Director LaFrance on the proposed budget, capital improvement plan, and the lengthy budget process. A copy of the presentation referred to by Director LaFrance is on file in the City Recorder's office. If the Budget is adopted tonight, it will be the final action in the consideration of the Budget process for 2009/10. The long-range forecast was reviewed during Director LaFrance's presentation. For cost savings, non- represented employees volunteered to forego a cost-of-living increase for Fiscal Year 2009/10. Represented employees voted to retain the cost-of-living increase and unpaid furlough days are under negotiation with represented employees. Councilor Webb spoke on behalf of the City Council noting appreciation for the non-represented employees stepping up and volunteering to forego a cost-of-living increase this next fiscal year. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - June 9, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page TO of 21 8:38:39 PM Mayor Dirksen noted, in light of the fact that we just received an overview of the entire budget process, he invited the Budget Committee members present to testify. C. Public Testimony: Budget Committee Chair Snider testified. He said he thought this year's process was very productive and yielded a lot more discussion, which was a positive step. He said they spent a lot of time considering questions and issues. He asked for clarification on the net effect of the no COLA to non- represented employees and the furlough days to represented employees. Finance and Information Services Director LaFrance said the target to reduce expenditures was $600,000 and was not fully met; however, a good effort has been made. Chair Snider confirmed this would mean expenditures would have to be reduced by about an additional $140,000. 8:41:13 PM Budget Committee Member James said he thinks the budget before the City Council is a fair and prudent budget with services being kept at a status quo level, which is important given today's economic climate. He extended thanks to staff for the help provided to the Budget Committee during the process. 8:41:49 PM Budget Committee Member Goodrich noted he was new to the Budget Committee this year. He advised he came into the process very concerned about the economy. He commented on the commitment of the City Council and staff to manage revenues and expenses so they are relatively balanced. The budget information provided was extremely well organized. The resources and the basis for recommendations were contained in the handout materials. He acknowledged the assistance of City Manager Prosser and Finance & Information Services Director LaFrance in areas where he wanted to do additional research. Committee Member Goodrich said he found he was able to be involved in a positive way and make meaningful decisions based on fact. He noted Tigard is in a unique situation with regard to the positive General Fund balance. He was favorably impressed that City Council and staff had made tough decisions during the middle of last year to reduce staff when it became apparent that revenues and expenditures were not in balance. This gave him confidence that City officials have discipline and commitment. He supports the proposed budget. If the economy continues to decline, he said he was comfortable with the leadership by the City Council and staff that they will continue to make the tough decisions when needed. When the economy rebounds, the City will be able to take advantage of the good position it is in. 8:44:25 PM Mayor Dirksen thanked the Budget Committee Members for their comments. He reaffirmed comments made earlier by Director LaFrance that having a relatively experienced Budget Committee allowed more time to address strategic issues to make sure the City, in general, is going in right direction. 8:44:53 PM Councilor Buchner noted her appreciation of the thoughtful, well-reasoned comments made by the citizen members of the Budget Committee. Councilor Webb concurred with Councilor Buchner's remarks and extended her thanks. Council President Wilson added his thanks as well and referred to the General Fund balance information. He cited comments made earlier by Councilor Buchner and he had also been alarmed to see the decline in future years of the ending balance of the General Fund TIGARD CITY COUNCIL/LCRB/CCDA MINUTES June 9, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page I1 of 2Y when he first started participating in the Budget process. He said he came to realize that the Budget is an authorization to spend, but we typically do not spend all of the money authorized. Mayor Dirksen called for testimony regarding the resolution certifying the City provides services qualifying for state shared revenues. There was none. d. Finance and Information Service Director LaFrance recommended that the City Council adopt the resolution allowing the City to accept state-shared revenues based upon the fact that the City of Tigard provides four or more of the services required by the State to accept these revenues. C. Council Discussion: None f. Mayor Dirksen closed the public hearing. 8:47:08 PM g. Council Consideration: Resolution No. 09- 42 Motion by Councilor Webb, seconded by Councilor Buchner, to adopt Resolution No. 09-42. RESOLUTION NO. 09-42 - A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARE REVENUES The motion was approved by a unanimous vote of City Council present Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes 8:47:48 PM 6. PUBLIC HEARING - CONSIDER A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE- SHARED REVENUES a. Mayor Dirksen opened the public hearing. 8:47:59 PM b. Finance & Information Services Director LaFrance recommended that the City Council approve the proposed resolution allowing the City to receive state-shared revenues. C. Public Testimony: None d. Council Discussion: None C. Mayor Dirksen closed the public hearing. 8:48:56 PM f. Council Consideration: Resolution No. 09- 43 Motion by Council President Wilson, seconded by Councilor Webb, to adopt Resolution No. 09-43 RESOLUTION NO. 09-43 - A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES The motion was approved by a unanimous vote of City Council present: TIGARD CITY COUNCIL/LCRB/CCDA MINUTES June 9, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 12 of 21 Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes 8:49:31 PM 7. PUBLIC HEARING - ADOPT CAPITAL IMPROVEMENT PROGRAM (CIP) FOR 2009-2014 a. Mayor Dirksen opened the public hearing. 8:49:34 PM b. Finance & Information Services Director LaFrance presented the staff report. The CIP followed a lengthy process that takes place in concert with Budget process. The CIP covets streets, the downtown area, parks, storm water, water, and facilities. The program is a five-year plan. The projects planned for 2009/10 are included in the proposed Budget. For those projects in the "out years," the forecasted revenues are in the document to support those items in the CIP. C. Public Testimony: None d. Finance & Information Services Director LaFrance recommended the City Council adopt the proposed Capital Improvement Program for 2009-2014, with the proposed amendments distributed to the City Council. C. Council Discussion: Mayor Dirksen said he expected the CIP to be less than last year's; however, the CIP is even less than anticipated because of a reduction in revenues due partly to the economy. The City is committed to moving forward, where we can, to provide the improvements that are needed throughout the City. f Mayor Dirksen closed the public heating. 8:51:48 PM g. Council Consideration: Motion by Councilor Buchner, seconded by Council President Wilson, to adopt the 2009-2014 Capital Improvement Program with the adjustments as recommended by staff. The motion was approved by a unanimous vote of City Council present: Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes TIGARD CITY COUNCIL/LCRB/CODA MINUTES --,dune 9, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 wwlv.6gard-or.gov I Page 13 of 21 8:52:24 PM 8. APPROVE A RESOLUTION ADOPTING CITYWIDE MASTER FEES AND CHARGES SCHEDULE -RESOLUTION NO. 09-44 a. Senior Management Analyst Barrett presented the staff report. Tigard Municipal Code 3.32.050 requires an annual review of the citywide fees and charges. The master fees and charges schedule contains all of the updated citywide fees and charges. Staff reviewed the schedule and proposed changes are shown in the copy the City Council received in the packet material. A number of the changes are simply updates to current rates in conjunction with CPI, construction cost index, etc., as required by either resolution or the Municipal Code. A few small adjustments were recommended to keep Tigard fees in line with actual costs. A few fees were added such as the transportation development tax. No building fees are included in this update as staff continues to review the Building activity and associated fees. Findings and a recommendation regarding new building fees will be coming before the City Council later. The goal is to raise an additional $250,000 through Building fees, as recommended by the Budget Committee. b. Council Discussion Councilor Buchner noted a scrivener error - Page 19 - "annexation." She noted the City Council approved a resolution extending the moratorium through February 2010. Councilor Henderson asked for comment from the Finance & Information Services Director LaFrance on the traffic impact fee (Page 37). Finance & Information Services Director LaFrance responded that the transportation impact fee will continue for those developments that have their final approval recorded already. This will remain in effect for a three-year period. Any new approvals, beginning in July 2009, will be under the transportation development tax adopted by a vote of Washington County citizens last November. There will be a time period where we will be collecting both fees as one phases out and the other phases in. These fees will be accounted for in separate fiends as required by the voters, so we will be able to track. City Manager Prosser clarified that both the traffic impact fee and the transportation development tax are County fees. The master fees and charges resolution includes not only those fees that are set and controlled by the City of Tigard, but includes those fees and charges set by other jurisdictions that the City collects. City Manager Prosser said this becomes a "one-stop reference document" for staff and the public and is made available on the City's website. Mayor Dirksen added that the traffic impact fees collected by the City are kept by the County. When a City wants to utilize some of those fees, they have to apply to the Washington County Coordinating Committee for project funding approval. The WCCC is made up of representatives from the County and all the cities within County. Mayor Dirksen advised that the WCCC will discuss the implementation of the transportation development tax; that is, should there be a discount or should the tax be phased in over a period of years. Finance & Information Services Director LaFrance clarified for Councilor Buchner that the proposed resolution does not include the proposed fees for the Building Division. c. Council Consideration: Resolution No. 09-44 8:58:46 PM Motion by Councilor Webb, seconded by Councilor Buchner, to approve Resolution No. 09-44. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - June 9, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 www.tigard-or.gov I Page 14 of 21 RESOLUTION NO. 09-44 - A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE WHICH REPLACES RESOLUTION NO. 08-30 AND ALL SUBSEQUENT AMENDMENTS TO DATE The motion was approved by a unanimous vote of City Council present: Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes 8:5939 PM 9. PUBLIC HEARING - CONSIDER A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060 (2) FOR FISCAL YEAR 2009-2010 a. Mayor Dirksen opened the public hearing. 8:59:53 PM b. Finance & Information Services Director LaFrance presented the staff report noting the earlier presentation regarding the Budget process. There is one new fund in the Budget - the Transportation Development Tax. Adoption of the proposed resolution will also pass the ad valorem tax levy, which concludes the Budget process. C. Public Testimony City Manager Prosser advised the City Council received a letter of testimony expressing concerns regarding the Budget from R. Michael Marr, dated June 3, 2009. 9:01:22 PM d. Finance & Information Services Director LaFrance recommended the City Council adopt the FY 2009- 2010 City of Tigard Budget with amendments. Finance & Information Services Director LaFrance, in response to a question from Councilor Henderson, advised that what is before the City Council is the Budget Committee approved budget, which includes the changes recommended by the Budget Committee. The "technical adjustments" prepared by staff and received by the City Council this evening are to be included in the City Council's consideration of the adopted Budget. C. Mayor Dirksen closed the public hearing. 9:02:18 PM f Council Consideration: Resolution No. 09-45 with adjustments as recommended by staff. Motion by Council President Wilson, seconded by Councilor Buehner, to adopt Resolution No. 09-45 with adjustments. RESOLUTION NO. 09-45 - A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, CREATING ONE NEW FUND, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2009-10 WITH TECHNICAL ADJUSTMENTS RECOMMENDED BY STAFF. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES -June 9, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 tvww.iigard-or.gov Page 15 of 21 The motion was approved by a majority vote of City Council present: Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Abstained Councilor Webb advised she was abstaining from voting as the organization (Good Neighbor Center) she works for had applied for a grant that might have been included in the Budget. There was discussion regarding whether Councilor Henderson should abstain as well since he is a Director for the Farmer's Market. This is an unpaid position; therefore, consensus was that Councilor Henderson would have no conflict of interest in voting on the proposed budget and his vote remains as "yes." 9:04:23 PM Motion by Councilor Buchner, seconded by Councilor Council President Wilson, to recess the City Council meeting and reconvene as the City Center Development Agency. The motion was approved by a unanimous vote of City Council present Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes • Chair Dirksen called the City Center Development Agency meeting to order. 9:04:44 PM Roll Call: Name Present Absent Chair Dirksen Board Member Wilson ✓ Board Member Buchner ✓ Board Member Henderson ✓ Board Member Webb ✓ 10. APPROVE A RESOLUTION ADOPTING THE FISCAL YEAR 2009-10 BUDGET, MAKING APPROPRIATIONS, AND IMPOSING AND CATEGORIZING TAXES - CCDA RESOLUTION NO. 09-02 a. Chair Dirksen opened the public hearing. 9:05:27 PM b. Finance & Information Services Director LaFrance presented the staff report. The City Center Development Agency budget process mirrored the City of Tigard's budget process. The CCDA is comprised of two funds. One fund handles the urban renewal capital improvement projects and the other fund is a debt-service fund. The total budget for these two funds combined is $515,551. C. Public Testimony: None TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - June 9, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 16 of 21 d. Finance & Information Services Director LaFrance recommended the CCDA adopt the budget as presented. C. Chair Dirksen closed the public hearing. 9:06:44 PM £ CCDA Consideration: Resolution No. 09-02 Motion by Board Member Webb, seconded by Board Member Buehner to adopt CCDA Resolution No. 09-02 CITY CENTER DEVELOPMENT AGENCY RESOLUTION NO. 09-02 - A RESOLUTION ADOPTING THE FISCAL YEAR 2009-10 BUDGET, MAKING APPROPRIATIONS, AND IMPOSING AND CATEGORIZING TAXES The motion was approved by a unanimous vote of CCDA Board Members present: Chair Dirksen Yes Board Member Wilson Yes Board Member Buchner Yes Board Member Henderson Yes Board Member Webb Yes Motion by Board Member Wilson, seconded by Board Member Webb, to adjourn the CCDA meeting. The motion was approved by a unanimous vote of CCDA Board Members present: Chair Dirksen Yes Board Member Wilson Yes Board Member Buehner Yes Board Member Henderson Yes Board Member Webb Yes 9:07:50 PM City Council meeting reconvened. Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buchner ✓ Councilor Henderson ✓ Councilor Webb ✓ ➢ City Manager Prosser advised this has been a challenging year for the Budget process with the status of the economy and some of the changes occurring. The City of Tigard was fortunate in getting through the process. He advised the City of Tigard had a new Finance Director join the team last year. Finance & Information Services Director LaFrance did a great job. City Manager Prosser noted that Director LaFrance assembled many new Finance staff members and he thanked the Finance staff for their good work. TIGAR.D CITY COUNCIL/LCRB/CCDA MINUTES - June 9, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 17 of 21 Mayor Ditksen also commented on the Budget process. The City of Tigard is in relatively good condition compared to other jurisdictions in the state. Two counties have fired their entire police force. Three are a couple of cities in the Portland metro area that are looking at severe cuts in service because of revenue reductions. Mayor Dirksen also noted the negative impacts experienced by the Tigard-Tualatin School District Tigard is able to avoid those kinds of cuts in service this year and this is a testament to a staff that is prudent and frugal and a City Council that is conservative with our citizens' money. Mayor Dirksen said, "While we may not be able to do everything we want to do, we can do the things we need to do." 9:10:28 PM 11. CONSIDERATION OF SECONDHAND DEALER ORDINANCE AMENDMENT Police Chief Dickinson and Lieutenant deSully presented the staff report. The last major revision of this ordinance occurred in 1983. Since that time many things have changed and it has become more of a regional issue. The revision: o Updates the language to include references to new electronic technology. o Takes a regional approach. Agencies in the region now recognize that when property is stolen and someone tries to sell the property using either second-hand dealers or pawn shops, there needs to be a way to detect what is occurring outside of our jurisdiction. Police Chief Dickinson advised the proposed ordinance was sent to the five pawnshops that do business in Tigard on a regular basis. Three had no comment and two commented affirmatively on the ordinance. * Council Discussion In response to a question from Councilor Buchner, Lt. deSully advised that All That Glitters is the primary pawnshop in the City of Tigard. They have several other stores in the tri-county area and these regulations ate similar to what agencies in the region are imposing. All That Glitters is preparing to "ramp up" to comply with these new regulations. Police Chief Dickinson advised there are transient second-hand dealers who come in to the area for a few days to buy precious metals. They will need to comply with the new regulations. * Council Consideration: Ordinance No. 09-07 Motion by Council President Wilson, seconded by Councilor Webb, to adopt Ordinance No. 09-07. ORDINANCE NO. 09-07 - AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE, TMC 7.70, TO UPDATE AND CLARIFY PROCEDURES AND DEFINITIONS The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes TIGARD CITY COUNCIL/LCRB/CCDA MINUTES - June 9, 2009 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 wwxv.tigard-or.gov Page 18 of 2X 9:15:42 PM 12. ADOPT FINDINGS/APPROVE ORDINANCE: FIELDS COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT (CPA2008-00008 & ZON2008-00002) • Associate Planner Caines presented the staff report. On March 24, 2009, the City Council public hearing was closed and the Council deliberated and reached a decision to approve the proposed amendment, 3-1. The ordinance before the City Council tonight was prepared by staff to adopt the Comprehensive Plan and Zoning Map amendment for applicant Fred Fields. The applicant has prepared findings, which are attached as Exhibit A of Attachment 1 in the City Council packet material. Associate Planner Caines advised there are two conditions contained in the ordinance: 1. Per DLCD recommendation - a trip cap of 352-peak p.m. trips for the development of the site. 2. Revise the Metro Title 4 Employment and Industrial Area Map - if it is legally required, then the applicant will be responsible for that. Associate Planner Caines said the alternatives before the City Council tonight are: 1. To adopt the ordinance as drafted, or 2. Direct staff to revise the ordinance reflecting any changes the City Council might propose. City Attorney Ramis gave remarks to supplement the staff report. It is to be clear that the record is closed at this point. The City Council is at the stage of deliberating and adopting findings, including a final order. The City Council made a decision previously that was tentative to approve the application subject to seeing findings, which are now before the City Council. The findings for the Council's consideration are slightly amended from the version that was originally in the City Council packet, including some grammatical adjustments and adjustments in numbers and dates. The amendments are not substantive. City Attorney Ramis advised that there will be no testimony received tonight because the record is closed. The complete record of the case is in the room tonight should the City Council need to refer to it. A complete list of exhibits is also available. If any piece of information is not on that exhibit list, it is not in the record. There may have been some correspondence or emails that came in after the record was closed and these are not included in the record. • Council President Wilson asked whether the trip cap would have applied if the zone had remained the same and the property owners had decided to develop the area as light industrial. Associate Planner Caines said the trip cap was applied based on the traffic study completed by the applicant. The Department of Land Conservation and Development (DLCD) had an issue with the numbers given and determined the numbers were lower than what could be generated from the site under the R-25 zoning. The cap is based on the lower single-family type of project, which is 352 p.m. peak trips. Council President Wilson said it is his understanding that industrial zoning generates more traffic. Associate Planner Caines confirmed that it does generate more traffic. She further explained that the staff analysis included the conclusion that even if there was an issue with some of the traffic counts, that either multi- family or single-family would still generate less trips than an industrial site. In response to in inquiry from Council President Wilson, Associate Planner Caines affirmed that the DLCD decision regarding the trip cap was based on the Transportation Planning Rule. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES June 9, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 wwxv.tigard-or.gov Page Y9 of 22 • Council Consideration: Ordinance No. 09-08 Motion by Councilor Webb, seconded by Councilor Henderson, to adopt Ordinance No. 09-08. Councilor Buchner noted that since she voted "no" on this zone change previously, she will again be voting "no" to be consistent with the record. Council President Wilson said he was not here at the last meeting and reserves the right to vote "either way.>' ORDINANCE NO. 09-08 - AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT, CPA2008-00008, AND ZONING MAP AMENDMENT, ZON2008-00002, WITH CONDITIONS, TO CHANGE THE COMPREHENSIVE PLAN DESIGNATION AND ZONING MAP CLASSIFICATION FOR ONE LOT TOTALING 24.51 ACRES FROM LIGHT INDUSTRIAL (I-L) TO MEDIUM-HIGH DENSITY RESIDENTIAL (R-25). BOTH THE COMPREHENSIVE PLAN MAP AND THE ZONING MAP AMENDMENT ARE SUBJECT TO CONDITIONS OF APPROVAL, LIMITING THE DEVELOPMENT OF THE SITE TO 352 PM PEAK-HOUR TRIPS AND REQUIRING REVISION OF THE METRO EMPLOYMENT AND INDUSTRIAL AREA. MAP WITHIN 30 DAYS AFTER THIS DECISION BECOMES FINAL IF LAWFULLY REQUIRED BY METRO The motion was approved by a majority vote (3-2) of City Council present. Mayor Dirksen Yes Council President Wilson No Councilor Buchner No Councilor Henderson Yes Councilor Webb Yes 9:24:50 PM Motion by Councilor Webb, seconded by Councilor Webb, to adjourn the business meeting. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:30 p.m. under ORS 192.660(2) (a) to employment of public officers, employees and agents. TIGARD CITY COUNCIL/LCRB/CCDA MINUTES June 9, 2009 City of Turd 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 www.tigard-or.gov Page 20 of 21 The Executive Session concluded at 9:44 p.m. Catherine Wheatley, City Recorder Attest: Mayor, City of Tigard Date: L\ADM\CATI IY\CCM\2009\090609 fina].doc TIGARD CITY COUNCIL/LCRB/CODA MINUTES June 9, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.I7gard-or.gov Page 2Z of 21 Agenda Item No. 1 Meeting of i • F City of Tigard Tigard Workshop Meeting - Minutes TIGARD CITY COUNCIL MEETING DATE/TIME: June 16, 2009 - 6:30 p.m. - Workshop Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 WORKSHOP MEETING 1.1 Mayor Dirksen called the City Council to order at 6:31 p.m. 1.2 Deputy City Recorder Krager called the roll: Present Absent Mayor Dirksen x Councilor Henderson x Councilor Webb x Council President Wilson x Councilor Buchner x 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports - none 1.5 Call to Council and Staff for Non-Agenda Items None. City Manager Prosser announced that there would be an Executive Session at the end of the meeting. City Manager Prosser said six years ago Tigard partnered with over 20 Oregon cities to conduct a joint audit of franchise fees paid by Quest and Verizon. He said he signed off today on a settlement agreement which becomes effective once all the cities have signed. Tigard will receive an $87,228 settlement from Verizon for unpaid franchise fees. Tigaxd's portion of the audit cost was nearly $14,000. The Verizon portion will be complete when all cities sign off on the agreement and they are still working on the Qwest portion. In response to a question from Councilor Buchner, City Manager Prosser said the money would be put into the General Fund. 2. MEETING WITH OREGON DEPARTMENT OF TRANSPORTATION REGION 1 MANAGER - JASON TELL 6:35:57 PM Engineer Duenas introduced OD OT Region 1 Director Jason Tell. Mr. Tell read a newspaper article from the past which said, "No dough on the horizon for Tigard," and noted this situation has changed, with about $4 million heading to Tigard for transportation projects. He said, "You have a really good plan for 99W and are set up to do some projects that make sense in a comprehensive way but are also fundable in pieces." He commented that the Mayor and Council President Wilson are active participant and this serves Tigard well. TIGARD CITY COUNCIL MINUTES - JUNE 16, 2009 City of Tigard 13125 SW Hall Blvd., Tigaid, OR 97223 503-639-4171 1 ivy v.dgard-or.gov j Page T ofTO He said that in working with Washington County on the 99W connector project they've been considering looking at it as a series of projects. This might help complete funding for the Hall Boulevard intersection and start preliminary engineering on the Gaarde/McDonald intersection, which is a joint Federal Reauthorization project ODOT has with Tigard. He acknowledged this is a lot to do in today's fiscal environment but said the groundwork will pay off in the future for Tigard. He said elected officials at the state and federal level respond well to communities that show a level of effort and Tigard has done so, by raising a local gas tax, having good planning and project prioritization, working well with the state and getting a Council member (Mayor Dirksen) onto JPACT. He referred to a letter from Council President Wilson regarding how funding is applied statewide and said his staff is preparing a written response. 6:44:13 PM Council President Wilson said he is pleased that there is progress is being made on the three worst intersections on 99W - Hall, Greenburg and potentially, McDonald. He said traffic signal timing technology has increased so much in the last five years that he is glad we held off on installation. Councilor Webb referred to previous conversations regarding ODOT turning responsibility for Hall Boulevard over to the City of Tigard. She gave ODOT Region 1 Director Tell photos of pavement damage on Hall Boulevard, noting that drivers attempt to straddle the damage to avoid catching their wheels in it. Mr. Tell said he would pass along the photos to the District Manager. He said there are many examples of roads that were designated state highways in the past but don't necessarily finction today like a state highway. He said, "When you look at ODOT's needs on the interstate and some higher level volume state highways, they're never going to rise up to be a high priority for paving dollars." He said they are working out ways with local jurisdictions to transfer roads that have more meaning to the cities than they do to ODOT's system. He said ODOT would try to find opportunities to find money for some degree of road upgrades prior to transferring them. Council President Wilson asked who would maintain the bridge over Highway 217 if Tigard was given responsibility for Hall Boulevard. ODOT Region 1 Manager Tell said that would need to be discussed along with an evaluation of the bridge condition. Mayor Dirksen reiterated with Mr. TO that the first step would be to evaluate the bridge and then come up with an agreement of what level of maintenance or improvements would be required. He said there is broad consensus on Council to take responsibility for maintaining and managing Hall Boulevard. Mr. Tell said, "Sometimes we are hampered by state standards that you would not be held to." Councilor Webb agreed, saying, "It takes years of going through steps with ODOT to put in traffic signals, etc. If it was our road, we could do that ourselves." Councilor Buchner asked how the City can help request an update of the formula used to allocate funding for the ODOT districts. She noted that this had not been updated in many years and asked how to get it updated for Region 1 to reflect the massive population increase. ODOT Region 1 Manager Tell said he thought the best way to do this would be a letter to the Commission outlining the City's views. Mayor Dirksen said a recent legislative bill created a task force to evaluate and consider allocation changes. Councilor Buchner said that with the Census coming up in 2010 it would be the perfect time to tie it to the population update. 6:55:38 PM Council President Wilson mentioned concerns with the Transportation Planning Rule. He said almost every development Tigard has that would create increased trips draws a comment from ODOT that trips need to be capped. He said this is at odds with Tigard's planning efforts. He said, "If we can't invest in our transportation infrastructure to the extent that we need to in order to support higher densities then we need to rethink our planning." In response to Council President Wilson asking if there was a concerted effort to look at this issue, Mr. Tell said, "There is always interest in revisiting the Transportation Planning Rule. We haven't run TIGARD CITY COUNCIL MINUTES JUNE 162 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page Z oflO into too many problems because we had capacity available. But now this area is reaching capacity throughout the system. So the concept of the TPR is hitting reality and we don't know how to solve the problems. ODOT is constrained by being required to follow the TPR but is not given any additional money to direct at solutions. Development can probably carry some, but not all of those costs." 6:59:27 PM Councilor Buehner said that given the pressure on the Urban Growth Boundary, it is time for the state to look at having a different set of criteria for dense metropolitan area as opposed to rural areas. Mr. Tell commented that the statewide mobility standard has already been lowered so Portland can accept more congestion. Some people urge going lower and accepting even less performance out of the roads, but they still need to function. Mayor Dirksen asked if that was just in Portland or for the greater Metro area. Mr. Tell said he thought it was the area within the Metro urban boundary. Council President Wilson brought up a policy issue on railroad crossings. He said these are minimized, obviously because of safety concerns, and the official policy at the federal level seems to be no new crossings that are not grade separated. He said modeling shows a potential railroad crossing at an extended Ash Avenue would draw 8, 000 vehicles from Highway 99W, our most dangerous highway. Reducing the pressure on 99W. by allowing one very minor crossing could prevent many accidents annually. He said Tigard would consider closing another crossing if this could be built. ODOT Region 1 Manager Tell said his experience is that rail issues take longer than any issue he's dealt with and he encouraged that Tigard staff persevere. He noted that ODOT area manager David Kim was present and has rail expertise and he suggested City staff seek his advice. 7:08:03 PM Councilor Henderson said he appreciated ODOT's support for turning abandoned railroad beds into trails. He asked Mr. Tell to comment on last winter's weather conditions and the effects on our roads. Mr. Tell said the combination of tire chains, steel plows and icy conditions led to a lot of road damage. ODOT sought federal emergency funds to help fix these road problems, with mixed success. He also noted the mix of asphalt used by Oregon in recent years has not performed as well as expected and will be evaluated. Mayor Dirksen referred to Council President Wilson's comments on railroad crossings saying we all agree that railroad crossing safety is important. The idea of "no more crossings" is not a reasonable position when you are tallying about the area inside a growing urban area. The railroad that goes through Tigard cuts the city in half and the only way we can access from one side to the other is across those tracks. As we get more people and more development we need more not fewer crossings. He also commented that the City has accomplished some things on 99W but there are a lot of challenges remaining that willrequire coordination and teamwork with ODOT. JOINT MEETING WITH THE PLANNING COMMISSION FOR PRESENTATION ON NEIGHBORHOOD TRAIL STUDY RESULTS 7:14:42 PM Project Planner Roberts said this study was funded by ODOT and is based on reducing car traffic. He introduced Consultants Jamie Parks of Kittelson and Associates and Hannah Kapell of Alta Planning + Design. Mr. Parks gave a brief PowerPoint on the Tigard Neighborhood Trails Plan. He said Neighborhood trails are shorter connections between neighborhoods and streets (one to two blocks long). A copy of this PowerPoint is available in the City Recorder's Office. He gave a project overview and described the process used to develop the plan, noting that over 100 potential trail sites were identified. TIGARD CITY COUNCIL MINUTES - JUNE 16, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-6394171 1 www.tigard-or.gov Page 3 of10 He said they worked closely with a Stakeholder Advisory Committee (SAC) which included Tigard citizens, ODOT representatives, Washington County Bicycle advocates, and representatives from the Tigard-Tualatin School District Input was also received through a project website and open house. 43 recommended trails were prioritized into three tiers - High, Medium and Low Priority - and planning level cost estimates were developed for them. Each trail has a single-sheet summary in the draft report. 7:29:27 PM Council President Wilson requested that the report be bound for ease of reading and Project Planner Roberts agreed and said that the final report will be bound. Council President Wilson said the City is interested in extending Fanno Creek Trail, which is a really great transportation route as well as for recreation, but some segments are narrow and windy and may not be good for that purpose. He asked if there were standards for two-way bicycle routes and for curvature. Consultant Parks said there are standards similar to roadways. He said in this particular case they were limited to looking at neighborhood trails by the grant. Project Pbumer Roberts noted that the next agenda item, Parks System Master Plan, would relate more extensively with the greenway trail system. 7:32:46 PM Councilor Buehner referred to Trail No. 9 and said it would make sense to use the existing roadbed for a connection, which is overgrown but the paving still exists. Mr. Parks said they weren't aware of it but it can be incorporated into their final document Planning Commissioner Verrnilyea noted that potential funding sources are listed but amounts are not identified and asked if there is a plan to fill in this information. Project Planner Roberts replied that it was not part of the current grant There is a lot of work to be done and this document will be a reference. Mayor Dirksea noted Tigard's success recently with obtaining grants, but said sometimes planning and design costs are too high to prepare something to be shelved just in case money becomes available. 7:44:01 PM Council President Wilson commented that the trail segments identified are already being used by people, and while it is good to fotmalize them, were there are segments that no one uses because they don't perceive them as a connection. Those could be raised on the priority List because they might meet a demand. He gave an example of a trail that connects 121" Avenue with Winterlake. A bridge would be needed across the pond but 121" Avenue is a bus route and people in the neighborhood could use a trail. Councilor Henderson asked for more information on trail studies being done in conjunction with schools. Project Planner Roberts said a school district facility manager was on the panel. He noted a few significant trails that provide access to schools. Consultant Parks said the report includes an implementation plan that identifies funding opportunities as well as some minor code changes that would be required. 4. JOINT MEETING WITH THE PARK AND RECREATION ADVISORY BOARD (DRAB) TO DISCUSS THE DRAFT PARK SYSTEM MASTER PLAN 7:47:15 PM Park and Facilities Manager Martin introduced this item saying the City has been working on an update of the 1999 Parks System Master Plan and a draft has been completed. This is being presented tonight for Council's review and comment He introduced MIG, Inc. Consultant Ryan Mottau. Mr. Mottau discussed the four-step planning process for which the baseline was the 1999 Park System Master Plan. He noted that many changes have occurred in the past ten years and current information needed TIGARD CITY COUNCIL MINUTES - JUNE L6, 2009 City of Tigard 13125 SW HaIl Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-ongov Page 4 oflO consideration. He said a statistically valid phone survey process was completed as well as a paper analysis and on-line survey. He said a number of targeted stakeholder interviews were held with people with this particular interest. The consultants worked with PRAB on a community workshop where people were asked what they want and where they would like to see it. Over 700 residents were involved in the workshop. 7:51:58 PM Mr. Mottau said there were many changes in assumptions since 1999 when, for example, a lot of time was spent planning how parks would be provided for Bull Mountain. He said they needed to identify what opportunities and challenges exist in a differently defined planning area. He said they looked at: • How to provide community recteation programming in a bigger way • Intensifying land use - how to get more out of the land you have. Creative thinking and design can help develop remaining public lands into parks. He said he mentions Elizabeth Price Park frequently when consulting on the West Coast because it is a great example of finding public lands that can be used for recreation purposes. • Increasing cooperation with the Tigard-Tualatin School District. The District is second only to the City in providing park and recreation facilities in the community. This was mentioned as a priority in the 1999 parks plan and includes City elected officials talking to TTSD elected officials about shared benefits. • The trail system and how to connect to regional trails. • Prioritizing projects. He said they attempted to prioritize and are asking for Council and community comments now what this draft is done. Councilor Henderson said he was impressed with the way this task was undertaken. He said there is a lot to do and it will take all of us to get this done. PRAB Member Swanson echoed appreciation to MIG and highlighted the significant focus in the document on a recreation component. She said the needs assessment showed this was a priority with residents. She noted gaps in recreation were identified that are not being addressed by any group in the City, including nature and environmental programming, special events (although the City does have some), adult sports, programming for residents 55 and older and aquatic programs. She said MIG, Inc. has prepared a plan for starting a recreation program. DRAB Member Freudenthal said their membets have worked hard on this for many months and are pleased with this report. He said it does an excellent job of presenting the current status of parks and recreation in the City of Tigard and where gaps exist in parks, open space and recreation. 8:11:57 PM Mr. Freudenthal said, "We will be pursuing a bond to help towards implementation. He thanked Council for their support and said he would appreciate their input. 8:13:02 PM Councilor Webb said Council is excited that a recreation district is part of this plan. She said lessons learned from Port Moody visits were that people in a denser downtown want more open spaces and parks. She said Tigard is headed in the right direction. Council President Wilson said he wanted to make the same comment he made at the last update ten years ago and that what is missing is a big visionary aspect, such as the concept of the 40-mile loop or Willamette Greenway Plan in Portland. Concepts stick in people's minds and each project can be a part of the bigger vision. He said he would like Tigard to take a longer view and develop something like that. Consultant Mottau said one thing that is covered is the build-up period to generate that kind of excitement. Other cities advised that these plans are used to get more people involved and out in the parks. When someone TIGARD CITY COUNCIL MINUTES - JUNE 162 2009 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov I Page g ofl0 actually gets out into a park and experiences a nature walk for example, they get excited about the parks they have. Tigard has a niche for natural areas. 8:18:41 PM PRAB Member Swanson said after her company hosted a race in Cook Park she received many post-race comments on the "beautiful trails" here. She said we need to get people into our parks so they can see firsthand and appreciate what resources we have. 8:19:12 PM PRAB Member Bernhard said Tigard is in a system of drainages and it would be great to envision this entire system interconnected from Summerlake Park to the Fanno Creek System, from Tualatin to Beaverton. He suggested creating a picture portfolio to build interest. Mayor Dirksen agreed, saying he went before the Oregon State Parks Board to request funds for the Fowler (Summer Creek) property, He said the PowerPoint pictures of the property were compelling and said as we look forward to showing the community why this is a good idea, we need visuals. Mayor Dirksen complimented the group on questioning their basic assumptions and studying priorities that may have changed. He said that is what makes it a living, pragmatic document. 8:29:30 PM Councilor Webb said the Schaltz house next to City Hall is an example of how the City needs to be ready to move ahead quickly when opportunities arise. Council President Wilson noted that the Schaltz house has been re-named the Fanno Creek House. The Consultant said any references will reflect that change. 8:30:40 PM Councilor Buchner noted a water development site in a neighborhood that she suggested could be considered for a pocket park. 8:32:46 PM Mayor Dirksen called for a recess. 8:43:45 PM Mayor Dirksen moved that the City Council recess and the City Center Development Agency convene. Council President Wilson seconded the motion and all voted in favor. Deputy City Recorder Krager called the CCDA roll: Present Absent Chair Dirksen x Board Member Henderson X Board Member Webb x Board Member Wilson x Board Member Buchner x 5. WORKSHOP ON CURRENT AND FUTURE CITY CENTER DEVELOPMENT AGENCY ROLES AND RESPONSIBILITIES 8:44:59 PM Senior Long Range Planner Farrelly introduced this item and presented a brief PowerPoint on the history of urban renewal in the City of Tigard and the role CCDA plays. He said the information was being presented in order to initiate discussion and review some urban renewal policies. He described the role of the City Center Development Agency as the board that administers the Urban Renewal Plan. Their responsibilities include: _ TIGARD CITY COUNCIL MINUTES - JUNE 16L2009__ Cityof Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 wkvw.tigard-or.gov I Page Gof10 • Establishing policies for the district and directing the Executive Director of the CCDA (City Manager) and staff to carry out • Approving CCDA budgets and allocating tax increment funds. • Purchasing land from willing sellers for redevelopment as part of public/private partnerships • Establishing rules and regulations for administration of programs and relocation regulations. • Making amendments to the Plan, some of which require voter approval, such as expanding the area of the District more than 1 % or increasing maximum indebtedness. • Assigning additional duties to the CCAC He then described the role of the City Center Advisory Commission as the advisory body to the CCDA on Plan implementation. Their responsibilities include: • Making recommendations on policy, budget, and implementation of urban renewal projects to the CCDA • Making an annual report to the CCDA including a summary of key activities, proceedings and recommendations • Performing other duties assigned by the CCDA He said the most common form of Oregon urban renewal district governance is the elected body. Examples are Lake Oswego, Tualatin, Gresham, Sherwood, Salem, Troutdale, Bend and Clackamas County. Examples of appointed boards are the Portland Development Commission and Medford. Senior Long Range Planner Farrelly discussed the current state of urban renewal saying that suburban downtown urban renewal does not occur overnight He presented a slide graphing the difference between the 2005 projections and the 2008 projections. The early years were not too far off but if the lack of new investment downtown continues it will be far off the mark by 2014. There has not been much new development in the downtown. He said the CCDA may want to review and revise the Urban Renewal Plan to better match projected expenditures with tax increment revenues. Other potential strategies include developing specific strategies to engage property owners, promote redevelopment, and interagency coordination. He noted that two members of the CCDA will be working on the commercial facade improvement program. The CCDA also supports the CCAC's efforts at developing a downtown leadership program. Senior Long Range Planner Farrelly acknowledged that new CCAC Chair Tom Murphy was present. CCAC Chair Murphy thanked City staff for their excellent support and said he looked forward to working on the Commission. 8:53:33 PM He said he recognizes that the CCAC exists to serve the CCDA and allow the CCDA to perform its functions in regard to the urban renewal district He said he was not speaking for the Commission, but he wanted to request a meeting with the CCDA for a candid exchange about how they are doing and whether they are providing the CCDA what they need and want. Councilor Webb thanked Mr. Murphy for stepping up into a leadership role. She said the CCAC has come a long way and should continue to do just what they are doing. She said she will check in quarterly at their meetings and suggested holding two meetings a year for detailed discussions between CCDA/CCAC members if that is what they desire. CCAC Chair Murphy said it was his sense was that this would be welcomed by the Commission. Councilor Buehner suggested scheduling a workshop that is not held on a regular Council night. Councilor Webb said there is a precedent for this with the Council and the Planning Commission. CCAC Chair Murphy said this would be appreciated. TIGARD CITY COUNCIL MINUTES JUNE 16, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 Nvww.tigard-or.gov Page 7 oflO 8:58:05 PM Mayor Dirksen said essentially the Downtown Urban Renewal Plan is the same as the Downtown Improvement Plan. That is the guiding document for what we want to do downtown. He said, "We've always acknowledged that tax increment money alone is not enough. From that standpoint I don't think we need to make changes based on the fact that the urban renewal monies are lower. The projects we said we want to do are still the projects we want to do." He suggested a regular review and prioritization of those projects by the CCAC. 8:59:26 PM Councilor Buehner commented that when the report on projections was released, there were comments from CCAC members that maybe they were a little bit too high because of the types of businesses in the downtown and perceived resistance to development. She said, 'We walked into this with our eyes wide open that there wasn't going to be a lot of money for a long time." She said there may be a misperception that the $22 million will cover everything we want to do in the downtown. She said the CCDA may need to reiterate to the public that this amount is only a small part of the money involved in this process. CCDA Member Wilson said, "If we were getting a lot of development in the downtown we wouldn't need an urbanrenewal district. I've always considered that urban renewal revenues are only one of the tools to try and redevelop downtown. Things take a long time. In my view, this is going slower so were-double our efforts. I wouldn't adjust our sights downward. If it takes longer than expected that's OIL." 9:03:46 PM CCDA Chair Dirksen said there is a need to develop specific strategies and policies to engage property owners, developers and financing institutions to promote private investment downtown. He suggested the CCAC and CCDA consider whether or not to hire an outside agency to act as an agent for the CCDA. He said he has asked a private group if they would create a proposal showing a suggested list of actions they could take and the cost associated with them doing this on an annual basis. He will bring this to Council for discussion. CCDA Member Wilson said we should not lose track of the Leland list of tasks. CCDA Chair Dirksen said they ate good as a general guideline but we may need at this time to come up with specifics. He said in general, we are on the right track. 9:04:18 PM CCDA Board Member Henderson said as he understands it the CCDA is supposed to be a development agency and the CCAC provides government oversight of the tasks taken on by the tax increment financing. He said he would like to have a workshop with the CCAC to discuss roles. CCDA Chair Dirksen said having a joint meeting with the CCAC is a good idea. He agreed that the CCDA is a development agency but cautioned that this should not be confused with a development company. CCAC Chair Murphy thanked the CCDA for supporting the recent Community Partners for Affordable Housing project which received the tax increment financing they requested. 9:07:12 PM CCDA Chair Dirksen asked CCAC to consider at an upcoming meeting whether or not they'd like to meet with the CCDA for a strategizing session. 9:08:02 PM Councilor Webb motioned that the CCDA adjourn and the City Council reconvene. Councilor Buehner seconded the motion. All voted in favor. 6. PROGRESS REPORT ON STREET MAINTENANCE FEE PUBLIC OUTREACH EFFORT Engineer Duenas introduced this agenda item. He mentioned a wide variety of groups that were included to obtain a broad range of input from the public. TIGARD CITY COUNCIL MINUTES - JUNE 16, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 w,,vw.tigard-or.gov I Page 8 of10 He said the responses have ranged from full support to requesting that the City lower its sights. He said large commercial property owners such as PacTrust and Washington Square were supportive. The Washington Square representative said they understood the need for timely maintenance, clearly seeing the deterioration created by last winter's storms. However, Downtown Tigard businesses said they were struggling just to stay in business and it was not the time to raise fees. A street maintenance fee video is being prepared showing a cross-section of people discussing the issues. Community Development Director Bunch said this was a staff group effort. He asked Assistant Planner Daniels about feedback received. She summarized; • larger organizations are supportive, recognizing infrastructure as important • Smaller businesses are trying to survive and see this as another expense during tough times. • Residents have varied opinions. • Summerfield residents are concerned about right-of-way maintenance • We are hearing about the gas tax and where it is being applied Councilor Webb commented, "The City Council is going to act on this and yet citizens don't get to vote. I am not comfortable with this because of the economy. I would be more in favor of it after the first of the year." Councilor Buchner said she has spoken to about 30 neighbors over the past month and has not heard one negative comment about the residential increase. 9:18:16 PM Councilor Henderson wanted to make it clear that he believes we need to maintain our streets. He said, "This last year was very severe and I can't go down any of these roads without seeing the deterioration, even on roads with very little traffic." He asked Engineer Duenas, "What is our back down position? Is there something we can do or have we waited too long?" Engineer Duenas it was computed to give an average pavement condition score of 68. He said, "We don't want to be below 60. We will take any finding we can get and make the maximum from it we can. But if we take something less we will be in a decline." 9:21:18 PM Council President Wilson commented that the residential customers and larger companies are in favor, and the smaller companies are against it so something may be unfair about the formula. He said if it was fair to everyone we would have heard more complaints from everyone. He suggested investigating whether the burden is too heavy on the small business owners. Engineer Duenas responded that favoring small businesses would be difficult as there aren't that many large businesses. Council President Wilson said he is not suggesting that staff change the formula but rather, look at the nature of the opposition of the small business owners. Mayor Dirksen said the public outreach is going well and once completed will give the City a good base of data. He said we need to consider adjusting the fee to become a more sustainable funding source. Stimulus funds may enable us to postpone implementation as long as we can. He said he wanted to see an analysis of how far the stimulus dollars will go. Engineer Duenas said "The projects we are doing are on the arterials and we can compute how this relieves their backlog, freeing up more funds for residential streets. However, that is a one- time thing." Councilor Webb said, "I'm hoping that we get the backlog caught up and then can look at sidewalks. Another thing is right-of-way maintenance. But this is a street maintenance fee. I don't want to do anything else until we catch up on out roads." _ TIGARD CITY COUNCIL MINUTES - JUNE 16, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 9 of10 9:31:33 PM Councilor Buehner asked about Summerfield residents contracting with the city for tight-of-way maintenance. Engineer Duenas said this doesn't address the lack of maintenance on arterials; there are others besides Durham Road. Summerfield is only part of Durham Road and only on one side. Assistant Planner Daniels said it wasn't necessarily doing the work that was an issue with the Summerfield residents; it was getting rid of the debris. Engineer Duenas said additional public outreach efforts are scheduled for June and July and these results will be summarized in a final report to be presented to City Council at the July 21, 2009 workshop meeting. 7. DISCUSSION ON DRAFT RESOLUTION REQUESTING THAT WASHINGTON COUNTY CREATE A CPO 4T 9:33:50 PM Mayor Dirksen asked Council if they had reviewed this item and if they wanted more discussion. Assistant City Manager Newton said if this was the direction Council wanted to take staff would bring this back on the consent agenda of July 1, 2009 for Council action. Councilor Webb mentioned a discussion she had with Washington County Commissioner Rogers who was favorable to this but said Tigard should make sure islands within the City are included. Councilor Buchner said as areas are annexed they should be added. Assistant City Manager Newton said that may be an issue with people who are not currently in the City limits because the purpose is to give residents of Tigard their own representation to the Board. She said County staff agreed that we should brake sure people are added as they are annexed. Mayor Dirksen said regarding islands, the issues of people surrounded by the City tend to be the same as those within the city. He suggested some outreach to explore this more filly. City Manager Newton said this would be placed on the July 14, 2009 consent agenda. S. 9:36:35 PM City Manager Prosser announced that the Tigard City Council would enter into an Executive Session under ORS 192.660 (2) (d) to discuss labor negotiations. 9. ADJOURNMENT At 9:50 PM Councilor Webb moved for adjournment. Council President Wilson seconded the motion and all voted in favor. Mayor Dirksen Councilor Henderson Councilor Webb Council President Wilson Councilor Buehner Yes No x x x x x Deputy City Recorder Mayor, City of Tigard 1:\ADM\Catliy\CCNI\2009 \0900616.workshop.doc TIGARD CITY COUNCIL MINUTES - JUNE 16, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 10 ofl0 Agenda Item No. 3. Meeting of. -.I O q City of Tigard Tigard Business Meeting - Minutes TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: June 23, 2009/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hafl Blvd., Tigard, OR 97223 • STUDY SESSION Mayor Dirksen called the meeting to order at 6:30 p.m. Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buehner ✓ Councilor Henderson ✓ Councilor Webb ✓ Staff Present: City Manager Prosser, Assistant City Manager Newton, Community Development Director Bunch, City Attorney Ramis, City Recorder Wheatley. ➢ Administrative Items - City Manager Prosser reviewed the following. ■ For tonight's meeting: * Noted City Council received a copy of the Oregon National Guard Month Proclamation; this Proclamation added to the agenda. • Tigard Area Chamber of Commerce Chief Executive Officer Chris Zoucha will give an update on Chamber activities (Citizen Communication) • Agenda Item 3.5 was from the Consent Agenda, which was to approve an Intergovernmental Agreement with Washington County for the Flashing Yellow Arrow Project. City Manager Prosser explained that there is additional money that will become available. Rather than implement this through an Intergovernmental Agreement it will be easier to do this through a Memorandum of Understanding. This will return to the City Council agenda later. ■ Team Building and Council Groundrules Review is scheduled 9 a.m. to 3 p.m. on Saturday, August 8, 2009. Lunch will be provided. Location is still to be determined. ■ Durham Road Crosswalk Opening is scheduled for 10 a.m., Tuesday, August 25. Invitations will be sent. ■ The next Fifth Tuesday is at 7 p.m. on June 30, 2009, in the Public Works Auditorium. Councilors Buehner and Henderson will attend. ■ An updated Tigard City Council 2009 Legislative Priorities status summary was distributed. This might be the final report. TIGARD CITY COUNCIL/LCRB MINUTES -June 23, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 ivww.tigard-ongov Page 1 of 12 City Manager Prosser reported Police Chief Dickinson received an email from a company hired by Verizon to go door-to-door in Tigard to sell FIOS. Staff is checking to determine if there is any permitting required. There have been reports that the sales people are aggressive; the City of Beaverton received a number of complaints when they were selling in their community. Councilor Henderson and Mayor Dirksen commented also on an aggressive campaign by Comcast. Mayor Dirksen noted this is being looked into. It is likely that the City cannot prevent the door-to-door sales. Information will be shared in the Neighborhood network system and in the August Cityscape. A "No Solicitation" sign on your door might be the best solution for residents. Mayor Dirkse-n advised that Verizon has sold their landline business to Frontier Communications. City Manager Prosser noted that Verizon business has been sold in several states except for their cell phone division. EXECUTPdE SESSION: The Tigard City Council went into Executive Session at 6:39 p.m. under ORS 192.660(2) (a) and (h) to discuss employment of public officers, employees and agents; and current/pending litigation. Executive Session concluded at 7:07 p.m. and the City Council meeting recessed. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the meeting to order at 7:33:07 PM 1.2 Roll Call: Name Present Absent Mayor Dirksen ✓ Council President Wilson ✓ Councilor Buehner ✓ Councilor Henderson Councilor Webb ✓ 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 7:34:07 PM ➢ PROCLAMATION: OREGON NATIONAL GUARD MONTH -JULY 2009 Mayor Dirksen proclaimed July 2009 as Oregon National Guard Month and read a portion of the proclamation. 7:35:21 PM 2. CITIZEN COMMUNICATION Tigard Area Chamber of Commerce Update - Tigard Chamber Chief Executive Director Chris Zoucha updated the City Council on activities of the City Council. Noted appreciation of the City's support of the Safe and Happy Halloween event with the recent allocation in the approved budget for the October 2009 event. Updated membership statistics The trend is turning around and they are experiencing a growth in membership along with a new energy and focus on shopping and buying local. Mr. Zoucha provided the City Council members with a "Shop Local" lapel pin he hoped they would wear to support local businesses. TIGARD CITY COUNCIL/LCRB MINUTES - June 23, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 xvwtv.tigard-or.gov Page 2 of f 12 Encourage support of local schools - The Chamber is currently a partner with the School District in two programs. The first being the "Bridging the Gap" wristband to try to save teachers' jobs. The second is the Tigard Savings Card to support athletic and music programs. Announced upcoming Chamber fiuactions: • June 25 - Good Morning Tigard sponsored by the City of Tigard to review and discuss the Street Maintenance Fee • July 9 - launching a new website + July 17 - holding a Tualatin Island Greens Miniature Golf Toumament • August - sending out the 2009 Chamber Directory featuring every business in Tigard + Citizen Communication - Sign Up Sheet: None Follow-up to Previous Citizen Communication City Manager Prosser advised that a couple of gentlemen came to talk to the City Council about a land use matter at the last business sheeting. Legal actions have been filed in this case; therefore, this cannot be discussed publicly. The City Council did have the opportunity to discuss this in Executive Session. 7:42:22 PM Mayor Dirksen reviewed the Consent Agenda: 3. CONSENT AGENDA: 3.1 Approve City Council Minutes for April 28, 2009 3.2 Approve FY 2009 Edward Byrne Memorial Justice Assistance Local Solicitation Grant Application 3.3 Enter into a Grant Agreement with Oregon Water Resources Department (OWRD) and an Intergovernmental Agreement (IGA) with Co-Grantee Clean Water Services (CWS) to Study Water Reuse Options in Downtown Tigard 3.4 Approve Intergovernmental Agreement (IGA) with Washington County for Administration of Countywide Transportation Development Tax (TDT) and Traffic Impact Fee (TIF) - Resolution No. 09-46 A RESOLUTION OF THE CITY COUNCIL APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE CITY OF TIGARD AND WASHINGTON COUNTY FOR ADMINISTRATION OF THE TRANSPORTATION DEVELOPMENT TAX (TDT) AND TRAFFIC IMPACT FEE Item 3.5 was deleted from the Consent Agenda. 3.5 Approve hitergavenunental Agreement ~GA) with Washin&n Cotuity fat! Flashing Yellow Ar-r 3.6 Approve Intergovernmental Agreement with Tualatin Valley Fire and Rescue Relating to the joint Development of the Walnut Street Fire Station and Expansion and Improvement of Jack Park 3.7 Approve Amendment to the Bylaws of the Transportation Advisory Committee - Resolution No. 09-47 A RESOLUTION OF THE CITY COUNCIL AMENDING THE BYLAWS OF THE TRANSPORTATION ADVISORY COMMITTEE (TAC) TIGARD CITY COUNCIL/LCRB MINUTES -June 23, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 tvwtv.tigard-or.gov Page 3 of 12 3.8 Local Contract Review Board: a. Award Two Contracts for Certified Arborist and Tree Services and Authorize the City Manager to Execute the Contracts (Primary Contract to Davey Tree Expert Company; Secondary Contract to Buena Vista Arbor Care Company, Inc.) b. Award Contract for Tree Planting and Establishment Services to Mears Design Group and Authorize the City Manager to Execute the Contract Motion by Council President Wilson, seconded by Councilor Webb, to approve the Consent Agenda. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes 7:44:18 PM 4. PRESENTATION: "IF I WERE MAYOR, I WOULD..." CONTEST WINNERS Mayor Dirksen presented an award ($50 gift card) to the winner of the poster category: Templeton Elementary School, 4' Grade Student Britta Harbury. This contest is sponsored by the Oregon Mayors Association. Ms. Harbury's poster will be submitted to the state competition. 9"' Grade Home-Schooled Student Laurel Stuart won the PowerPoint presentation category. Ms. Stuart was unable to attend tonight's meeting to receive her award; it will be forwarded to her. Her presentation will also be forwarded to the state to compete at the state level. 7:47:11 PM 5. UPDATE: ACTIVITIES OF THE TIGARD YOUTH ADVISORY COUNCIL (TYAC) Lyndsey Brewer, Recreation Director for Tigard Police Youth Programs introduced this agenda item. Tigard Youth Advisory Council Members Present: Alexander Carsh, Narinthong Lungrath, and Ian Walsh. TYAC President Carsh and Vice President Lungrath reviewed a PowerPoint presentation showing the highlights of the Council's activities the last several months. A copy of the presentation is on file in the City Recorder's office. TYAC's membership comes from high school and middle school students. They will be doing recruitment (primarily at the middle school level) for new members in the near fixture. 7:53:23 PM Councilor Buchner noted that a new crosswalk is being built in front of the high school this summer. The Ribbon Cutting Ceremony is scheduled for August 25, 2009, and Councilor Buchner asked if members of the TYAC would be interested in participating. Mr. Carsh and Ms. Lungrath advised they would be glad to participate. TIGARD CITY COUNCIL/LCRB MINUTES - June 23, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of 12 7:53:57 PM Mayor Dirksen said the City Council has tried to engage the young people in the City more than they have been. The City Council makes plans for the future and "the future we are making those plans for, is your future probably more than it is even ours." Mayor Dirksen said the new Durham Road crosswalk was suggested by Tigard High School students. 7:55:47 PM 6. LEGISLATIVE PUBLIC HEARING: DOWNTOWN COLLECTOR STREET STANDARDS COMPREHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE AMENDMENTS (CPA2009-00002/DCA2009-00002) a. Mayor Dirksen opened the public hearing. 7:55:59 PM b. City Attorney Ramis reviewed the hearing procedures. C. Declarations or Challenges: None. 7:59:25 PM d. 7:59:45 PM Associate Planner Caines presented the staff report. A copy of the report is on file in the City Recorder's office. The proposed amendment is to allow vehicle parking and remove the requirement to have a separate bike lane on Downtown collector streets within the Downtown Urban Renewal District. Typically, parking is not allowed on collectors due to the higher volume and the higher traffic speeds, but the Downtown collector streets function differently - they connect arterials such as Hall Boulevard and Pacific Highway. These collectors also bring people to a destination. The proposed amendment will allow parking within the Downtown, which is essential for densely developed areas. This amendment will accommodate existing parking that is already on Ash Avenue, Burnham Street, and Main Street. The amendment, if adopted, will not mean that all bicycle lanes will be removed within the Downtown. The amendment will provide flexibility in the design of the streets for future use. Where there is not a separate bike lane, there should be a shared vehicle traffic lane designed into those streets to accommodate both vehicles and bicycles. The City is currently undergoing its Periodic Review. The Transportation System Plan and the Transportation chapter of the Comprehensive Plan are being updated. The City is putting together a circulation plan for the Downtown, which will improve connectivity through streets and pedestrian pathways. It will also establish street standards for the downtown. The City is designing and reconstructing some streets within the Downtown. Burnham Street reconstruction will be occurring soon. Burnham Street is being designed without bicycle travel lanes, but will have vehicle parking. Wider vehicle lanes on Burnham Street are designed to accommodate bicycles. A redesign of Main Street is under consideration. It is unclear, at this time, whether separate bike lanes can be accommodated on Main Street because of the existing development, right-of-way width, and features such as Fanno Creek. TIGARD CITY COUNCIL/LCRB MINUTES - June 23, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 ww v.tigard-or.gov Page 5 of 12 Until the above plans are finalized the proposed amendments, if approved, will give the City flexibility when the streets in the Downtown are designed. Comments were received during the comment period. One was from Metro Transportation Planner John Mermin, who generally supported the amendment except for the removal of the requirement for bike lanes along Main Street. Tigard's Transportation System Plan does not require bicycle lanes along Main Street. Staff understands Metro's concern and will work closely with Metro as Main Street is designed to assure the bike traffic is accommodated and also provide parking for Downtown merchants and people coming to the Downtown. A comment was received from Hal Ballard, Executive Director of Washington Bicycle Transportation Coalition. Mr. Ballard generally supported the proposed amendments. Mr. Ballard said bicycles are better accommodated when they are treated like a vehicle. Associate Planner Caines said the design of Burnham Street fits within the recommendations in Mr. Ballard's comments. Associate Planner Caines reviewed options before the City Council: Adopt as recommended by the Planning Commission (unanimous) Deny with no changes to the current Code and Plans Adopt as modified as a result of the City Council deliberations In response to a question from Councilor Buchner, Associate Planner Caines advised that Commercial Street is classified as a local street in Tigard's Transportation System Plan. Councilor Buehner suggested this might need to be reevaluated as the City goes through the Transportation System Plan review process. Associate Planner Caines said there has been some discussion by staff about making a separate classification for Downtown Streets. Mayor Dirksen said that a separate classification for Downtown Streets "is not a bad idea." Council President Wilson added that it might be good for any area where there is a commercial district with slow, high volume traffic. 8:06:04 PM e. Public Testimony: None. f. Associate Planner Caines recommended that the City Council approve the proposed amendment as recommended by the Planning Commission. g. Council Questions: None. 8:06:40 PM h. Mayor Dirksen closed the public hearing. i. Council Consideration: Ordinance No. 09-09 Motion by Council President Wilson, seconded by Councilor Webb, to adopt Ordinance No. 09-09. TIGARD CITY COUNCIL/LCRB MINUTES - June 23, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 j wwtv.tigard-or.gov I Page 6 of 12 ORDINANCE NO. 09-09 - AN ORDINANCE AMENDING THE TIGARD COMPREHENSIVE PLAN GOAL 12 - TRANSPORTATION, TRANSPORTATION SYSTEM PLAN CHAPTER 8 (CPA2009-00002), COMMUNITY DEVELOPMENT CODE (DCA2009- 00002) CHAPTER 18.810 - STREET AND UTILITY IMPROVEMENT STANDARDS, AND THE TIGARD MUNICIPAL CODE CHAPTER 10, TO ALLOW VEHICLE PARKING AND REMOVE THE REQUIREMENT FOR SEPARATE BIKE LANES ON COLLECTOR STREETS WITHIN THE DOWNTOWN URBAN RENEWAL DISTRICT Council discussion on the motion: Mayor Dirksen said he recently started riding a bicycle more often. As Mr. Ballard commented, Mayor Dirksen said he is more comfortable when riding with the flow of traffic rather than in a bike lane as long as he is on a street where the speed limit is such that you can keep within the flow of traffic. He described the perils of turning left when the street has a bike lane configuration. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buehner Yes Councilor Henderson Yes Councilor Webb Yes 8:08:56 PM 7. LEGISLATIVE PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (CPA 2008-00011) - TIGARD TRANSPORTATION SYSTEM PLAN AMENDMENTS TO INCORPORATE TIGARD 99W IMPROVEMENT AND MANAGEMENT PLAN RECOMMENDATIONS a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis noted there "is no one in the room now who wasn't previously in the room during the course of the prior proceeding. The rules will be same as we read previously and I will ask the City Recorder to include in the record a copy of the statement that I read." C. Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. There were none. 8:09:49 PM d. Staff Report: Community Development Department Community Development Director Bunch presented the staff report. He acknowledged the contributions of Senior Planner Wyss and City Engineer Duenas on this project. The proposal comes to the City Council with the unanimous recommendation of the Planning Commission. Previously the City Council held a workshop, at which time no requests for alternative language were considered. This project is intended to update the Transportation System Plan. The recommendations of the Planning Commission were to include the changes found in Tigard 99W Improvement and Management Plan. The three main parts are: TIGARD CITY COUNCIL/LCRB MINUTES - June 23, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 ivww.tigard-ongov Page 7 of .12 1. Incorporate this Plan by reference into the Tigard Transportation System Plan to serve as findings. 2. Update the recommended action treasures for Tigard Comprehensive Plan Goal 12 to include language recommended by the 99W Plan Citizen Advisory Committee (as recommended action measures only). 3. Amend the Tigard Comprehensive Plan Policy 6 under Goal 12.2 to reflect a recommended five through-lanes for Highway 99W. This is recommended for consistency with our Transportation System Plan requirements. This Plan came to the Planning Commission through a process by which the City involved the citizens and businesses along Highway 99W and its government partners. Several alternatives were reviewed and Alternative B was chosen. This alternative recognizes that Highway 99W needs to be improved and managed to provide for higher levels of capacity; however, it might not be possible to do this because of the physical constrictions on the highway and other transportation needs in the region. This plan focuses on access management, intersection improvement capacity, transit enhancements, and bike/pedestrian improvements rather than adding through-lanes along Highway 99W. Councilor Buchner commented that she had been involved on the Citizen Task Force. She thanked City Engineer Duenas for all of his hard work on this project 8:13:07 PM e. Public Testimony: None 8:13:24 PM f. Community Development Director Bunch recommended that the City Council approve the Planning Commission's recommendation for approval of the 99W Improvement and Management Plan to incorporate the recommendations in the Transportation System Plan. 8:13:42 PM g. Mayor Dirksen closed the public hearing. h. City Council consideration: Ordinance No. 09-10 Motion by Councilor Buchner, seconded by Councilor Webb, to adopt Ordinance No. 09-10. ORDINANCE NO. 09-10 - AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA2008-00011 TO UPDATE THE TIGARD TRANSPORTATION SYSTEM PLAN AND COMPREHENSIVE PLAN TO INCORPORATE TIGARD 99W IMPROVEMENT AND MANAGEMENT PLAN RECOMMENDATIONS Council comments and discussion on the motion: 8:14:40 PM Council President Wilson commented that this has been a long-time coming. He referred to a meeting recently with Oregon Department of Transportation (ODOT) Region 1 Director Jason Tell. At that time, Mr. Tell said that many people come to ODOT asking for money, but they do not come with solutions. Council President Wilson said at our last Transportation System Plan update, we had projects, but Highway 99W was not studied separately. It is a difficult problem, because if you widen the highway, you actually attract latent demand off other arterials - then, it can get worse. TIGARD CITY COUNCIL/LCRB MINUTES - June 23, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 wNvcv.tigard-or.gov Page 8 of 12 Council President Wilson said that, although this plan will almost certainly become controversial as we go to implement it (especially with the access control measures), it is really the best solution that can be done with a difficult problem. He said he was very pleased that we finally can begin working on projects. We already have two major intersections in design. ODOT just recently announced that they will be improving the McDonald Street intersection as well. Mayor Dirksen said he wondered if we had ever done a transportation study with a scope that equals this. Councilor Webb said that at one time she recalled ODOT did a study to widen it to seven lanes. Mayor Dirksen also recalled that ODOT study and said it seemed like the process used was not nearly as comprehensive or as detailed as what was used to come up with these solutions. In response to a question from Councilor Henderson, Community Development Director Bunch advised that Exhibit A includes the 27 proposed modifications (Page 5). Exhibit A also includes a number of action measures recommended by the Citizen Advisory Committee. These 27 amendments will change the City's Transportation System Plan. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes 8:15:31 PM 8. UPDATE: URBAN/RURAL RESERVES COMMITTEE Councilor Buehner noted the final recommendations on the urban and rural reserves will be corning from the Planning Directors at the beginning of August. Toward the end of August, she would be asking for some agenda time to review this matter with City Council so she has direction about how to cast our vote for the final recommendations of the Committee. These final recommendations will go to the "Core 4' made up of Washington County Board of Commissioners Chair Brian, Metro Councilor Harrington, and the County Chairs from Multnomah and Clackamas Counties. Community Development Director Bunch said that by May 2010, Metro will designate the urban reserve in the County and the County will designate the rural reserve. The Core 4's recommendation will come after August 21, 2009. Community Development Director Bunch reviewed the activities that are coming up for this matter. Community Development Director Bunch reviewed the pre-concept plans other jurisdictions are working on regarding areas they are aspiring to urbanize. The City of Tigard staff decided we would not do the pre- concept plan process because the lands Tigard identified as being our future obligation or expect to come into the Urban Growth Boundary are not contiguous to the City. Instead, Tigard will work to meet the factual requirements of the Administrative Rule and provide a narrative stating how we might plan to urbanize. Community Development Director Bunch referred to a memo distributed to the City Council in the meeting packet (memo dated June 1, 2009, Concept Planning for Urban Reserve Candidate Atria.) Community Development Director Bunch asked for direction from the City Council. Councilor Buchner said the critical issue is that Metro is not requiring the kind of concept planning that the County is talking about. She said Community Development Director Bunch checked with Metro and asked TIGARD CITY COUNCIL/LCRB MINUTES -June 23, 2009 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 wzvtv.tigard-or.gov I Page 9 of 12 if the narrative would meet their requirements for concept planning. Her understanding is that a narrative would meet the requirements and, therefore, it did not make sense "for us to go through all of the hoops" of doing a full concept plan if it met Metro's requirements. Mayor Dirksen said he has been following the matter closely. He said he talked to Chair Brian regarding these areas where Tigard expects the Urban Growth Boundary to expand, that it was not so much a reflection of the desires of the City of Tigard, but an identification of the need of the County as a whole. Mayor Dirksen said he think Chair Brian understood the Mayor's point. Because of the way Tigard expects this land will be used, he envisions low- and middle-density housing, with neighborhood commercial/retail services. This would not have a big impact on the rest of our City or the County other than providing a place for workforce housing and local services. As such, no detailed pre-concept plan is warranted. Mayor Dirksen said that once urban reserves are identified, a concept plan would need to be done by the City and County, working together. Mayor Dirksen said he agreed with Councilor Buehner's and Community Development Director Bunch's suggestion that a narrative describing our perception of how development should occur would be adequate. Community Development Director Bunch added that the pre-concept plans being prepared by the other jurisdictions are "non-binding." These plans would show how the County expects to use the 47,000 acres that has been identified. 8:27.19 PM Council President Wilson said he did not see why the concept of reserves, whether it is urban or rural, is any more than land that will go one way or the other. Community Development Director Bunch confirmed that the pre-concept planning is not required. It is only required when the land is brought into the Urban Growth Boundary. There are eight criteria established in the Oregon Administrative Rules that are test criteria. 8:28:44 PM City Manager Prosser said at the staff-level discussion, Washington County is concerned that Tigard has indicated that the preparing of a pre-concept plan was inappropriate. There has been some indication (informal from the Washington County staf~ that the County might not nominate this land to be considered as an urban reserve. Community Development Director Bunch acknowledged that the Washington County staff reaction was, "Why aren't you being a team member?" He said he checked with Metro about whether Tigard would be supported since Tigard would be the logical provider of services to this area as well as Areas 63 and 64. From Metro's perspective, they are looking for a narrative and the non-binding concept planning is not necessary. Tigard wants to continue to participate with Washington County in a manner that is appropriate to Tigard's needs. 830:25 PM Councilor Buehner referred to farmland along Roy Rogers Road. We do not know what kind of development would be appropriate for this area. If the light rail is built and there is a full-fledged station at Sherwood, we might want to put more intense development in this area because it would be closely located to high-capacity transit. Since we will not know for several years about the light rail, a concept plan at this time is premature. 8:31:18 PM Mayor Dirksen pointed out that the amount of urban reserves that Washington County will propose to be included in the expansion of the Urban Growth Boundary is considerably larger than Clackamas and Multnomah Counties' proposal. He believes that Washington County anticipates that Metro will question TIGARD CITY COUNCIL/LCRB MINUTES - June 23, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 1 iv,,v~v.tigard-or.gov Page 10 of f 12 the need for that amount of land and the pre-concept plans from cities will justify the need for that many acres being added to the urban reserves. 8:32:22 PM Council President Wilson asked if land does not become an urban reserve, does it automatically become a rural reserve? Mayor Dirksen said, no, there could be land that could be considered as "other." Councilor Buchner added that land that is not in an urban reserve could theoretically come into the Urban Growth Boundary during the next 50 years. Mayor Dirksen said that land designated as "other" could be re- designated to an urban reserve in the next round of considerations. 8:32:52 PM Council President Wilson pointed out several ironies. We have areas adjacent to our boundaries that have been within the Urban Growth Boundary for ten years that are still not planned. We would have liked to have found a way to do this planning ourselves had we been able to bring this area into our City limits. {The County is now undertaking this planning process.) Now the County appears to be concerned that we are not engaging in a planning process for land that is even further out from Tigard. City Manager Prosser responded to a question from Mayor Dirksen and confirmed that the Construction Excise Tax will be extended. This would provide funding to plan areas recently brought into the Urban Growth Boundary. Later, hiding will be available to any jurisdiction in Metro to be used to plan centers, corridors, and the concept planning for urban reserves. Therefore, the City and the County have an opportunity to do a joint grant application for funds to plan for these areas (urban reserves and areas already in the Urban Growth Boundary). 8:35:00 PM Councilor Webb agreed that the pre-concept planning was premature and it would unwise to expend funds to do this now. She said we should do the minimum amount of planning required and apply for the grant funds for more detailed planning later. 8:35:20 PM Councilor Buehner pointed out that in the next few years, the decisions will be made regarding whether the light rail is feasible. Then Tigard will have a better idea of where the growth will occur. 8:35:56 PM Mayor Dirksen confirmed with the City Council that the consensus was to move forward with a narrative form of a pre-concept plan. 9. COUNCIL LIAISON REPORTS: None. 10. NON-AGENDA ITEMS: None. 8:36:14- PM 11. ADJOURNMENT Motion by Councilor Webb, seconded by Councilor Buehner, to adjourn the meeting. TIGARD CITY COUNCIL/LCRB MINUTES - June 23, 2009 City of Tigard 13125 SW Fall Blvd., Tigard, OR 97223 503-639-4171 1 vvtvw.tigard-or.gov Page 11 of 12 The motion was approved by a unanimous vote of City Council present: Mayor Dirksen Yes Council President Wilson Yes Councilor Buchner Yes Councilor Henderson Yes Councilor Webb Yes Catherine Wheatley, City Recorder Attest: Mayor, City of Tigard Date: 1:\tllDNI\CATI-IY\CCi I\2009\090623 5nal.doc TIGARD CITY COUNCIL/LCRB MINUTES - June 23, 2009 City of Tigard j 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 1 ivww.tigard-or.gov Page 12 of 12 Agenda Item No. For Agenda of August 11, 2009 MEMORANDUM TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three-Month Council Meeting Calendar DATE: July 30, 2009 Regularly scheduled Council meetings are marked with an asterisk August 11', Tuesday Council Business Meeting - 6:30 pm, Town Hall 18, Tuesday Council Workshop Meeting 6:30 pm, Town Hall 25* Tuesday Council Business Meeting - 6:30 pm, Town Hall September 7 Monday Labor DayHohday- City Hall Closed 8'' Tuesday Council Business Meeting - 6:30 prn, Town Hall 15"e Tuesday Council Workshop Meeting 6:30 pm, Town Hall 22" Tuesday Council Business Meeting - 6:30 pm, Town Hall 29 Tuesday Town Hall Meeting (tentative) October 13" Tuesday Council Business Meeting - 6:30 pm, Town Hall 20-* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 27" Tuesday Council Business Meeting - 6:30 pm, Town Hall IAADM\GtyCouncil\Council Cdendar\3-month calendar [o 090811 ee mtg.doe Agenda Item No. Tigard-City Council Tentative Agenda 2009 Meeting of Meeting Date: August 11, 2009 Meeting Date: August 18, 2009 Meeting Date: August 25, 2009 Meeting TypelTime: Business/6:30 p.m. Meeting TypeMme: Workshop/6:30 p.m. Meeting Type/Time: Business/CCDA 6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due June 30, 2009 Request to Sched. Due July 7, 2009 Request to Sched. Due July 14, 2009 Materials Due @ 5: July 28, 2009 Materials Due @ 5: August 4, 2009 Materials Due @ 5: August 11, 2009 Councilor Buehner may be absent Study Session - Time Sched. 45 min. 0 Avail. Session - City Mgr. Review - Sandy - 30 min. Session - Burnham St. Briefing - Kim Mc. - 15 min. Consent Agenda LCRB-Approve Local Agency Agreement - Surface Trans. Program - Main Street: 99W to Rail Corridor - Kim Mc. Authorize Contract with Oregon Business Dev. Dept. as part of ARP.A Stimulus Program worth $4.8 million-Dennis K. Business Meeting Info PH-Parks. Open Space & Trails Bond Election-Dennis - RES - 15 min. Approve Res. to Allow Citizens to Form Aquatic Dist. to Fund Operation of Tig-Tual. Pools-Dennis-RES-15 min. Info PH - Formation of Sanitary Sewer District No. 45 - Hoodview Dr. - PPT - Gus. 15 min. - RES Info PH - Formation of Sanitary Sewer District No. 47 - Baylor St. - PPT -Gus 20 min. Conti nuation-Legis PH-Code Amendment re Sensitive Lands Permit Requirements - Gary - 35 min. Request that Wash. Co. Form CPO 4T - Liz N. - RES -15 m. Workshop Agenda :ouncil Briefing #2 - Tigard Transportation System Plan Update - Darren - 30 min. CG#1 Irban Forestry Master Plan and Tree Code Update - DarrenfTodd/John F. - 30 min. - PPT Iraft Metro 2009-30 Housing-Employment Projec- tions and Urban Growth Report-John F., Ron B. 30 min. nnexation Policy Discussion - Unincorporated Islands - Gary P.IMarissa - 35 min. teview Options - Amend TMC - Advertising Signs in Public Right of Way-Dick B., Ran B. - 30 min Eiscuss Arsenic Remediation Plan for the Tigard Public Library Grounds - Dennis - 20 min. Avail: 1130 min. - Time Scheduled: 190 min. Left. 5 min. - Time Sched. 30 min. - 15 Avail. section or jarn - cniei u. - i b min. 217 Interchange Mgmt. Study - Gus - 15 min. Receive & File - Police Dept. Annual Report - Chief D. Receive and File: Fiscal Impact Report on the City's Urban Renewal Plan - Sean F. Consider Agreement with DEQ re Library - Dennis Appoint Trans. Advisory Comm. Members - Gus -RES LCRB - Award Steve Street Water Quality Enhancement Contract - Vannie LCRB- Award Construction Contract for Hall Blvd. Sidewalk from Bonita to 600' North - Vannie Approve Safe Schools IGA with TTSD-Chief D. Business Meetin4 Avail: 110 min. -Time Scheduled: 115 min. Left: -5 min. CCDA - Update on Downtown Circulation Plan - Sean - 15 min. Tigard Transit Center Redevelopment Feasibility Report- Sean - PPT - 45 min. Citywlde Sewer Extension Program Update-Gus-20 min. Consider Request from Community Partners for Affordable Housing for Fee Assistance Funds - Duane - 10 min. Review Status of Council's Adopted Legislative Priorities and interests in 2009 Legislature - Kent & Liz - 10 min. Council Goal Update - Admin. - 5 min. Time Avail: 110 min. - Time Scheduled: 105 min. Time Left: 5 min. Color Key: Admin-Green CD - Red Library - Aqua Police - Blue HR - Magenta FinancellT -~r Risk - Purple PW - Brown CG = Council Goal 8/3/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: September 8, 2009 Meeting Date: September 15, 2009 Meeting Date: September 22, 2009 Meeting Type/Time: Business/CCDA 6:30 p.m. Meeting TypelTime: Workshop & CCDA16:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due July 28, 2009 Request to Sched. Due August 4, 2009 Request to Sched. Due August 11, 2009 Materials Due @ 5: August 25, 2009 Materials Due @ 5: September 1, 2009 Materials Due @ 5: September 8, 2009 City Manager Prosser Absent Study Session - Time Sched. 45 min. - 0 Avail. Workshop Agenda Study Session - Time Sched. 0 min. Time Avail 45 min. Exec Sess - Burnham St. Briefing - Kim Mc -15 min. Park & Rec Advisory Board Joint Meeting - SI - PW -30 min. Present Draft Park System Dev. Charges Methodology Update the Budget Committee on the City's Year-to-date Report - Dennis - 30 min. Financial Picture and Prior Year-end Financials - PPT - Toby L. 45 min Consent Agenda Update the CCDA Budget Committee on the City's Amend School Districts' Construction Excise Tax IGA Year-to-date Financial Picture and Prior - Mark V. - RES Year-end Financials - PPT -Toby L. 10 min. Consent Agenda Regional Transportation Planning Update - Mike M. & &RonB.-l5 min Street Maint. Fee - Gus - 45 min Potential Repeal of Title 18 Minimum Density Requirements - Darren - 30 min. Business Meeting Business Meeting Chamber of Commerce Rep. THS Student Envoy-10 min. Metro Council President Bragdon - Intertwine Program for Proc. - National Alcohol & Drug Addiction Recovery - Connecting Parks Presentation - Steve M. - 30 min, month - Joanne - 2 min. Proc. - Family Day - A Day to Eat Dinner with Your Proc. - Constitution Week - Joanne 3 min. Children - Joanne B. - 5 min. CCDA-Commercial Fagade Improvement Pilot Project - TMC Amendment - Signs in Public Right of Way - Ron B., Sean -10 min. Dick B. - 45 min PH - Legislative -DCA 2009-00003 Omnibus house- PH - Revised Building Fee Schedule - Mark - RES-20 min keeping Items to add definitions, correct typos and erroneous references affecting 25 sections in the Community Dev, Code - Hap W. 25 min. Time Avail: 110 min. - Time Scheduled: 50 min. Time Avail: 180 min. - Time Scheduled: 175 min. Time Avail: 110 min. -Time Scheduled: 100 min. Time Left: 60 min. Time Left: 5 min. ITImal-eft: 10 min. Page 2 of 6 8/4/2009 Tigard-City Council Tentative Agenda 2009 Meeting Date: September 29, 2009 Meeting Date: October 13, 2009 Meeting Date: October 20, 2009 Meeting TypefTime: 5th Tuesday/7-9 p.m. Meeting Type[Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Location: Public Works Building Location: City Hall Location: City Hall Facilitator: Request to Sched. Due September 1, 2009 Request to Sched. Due September 8, 2009 Materials Due @ 5: Materials Due @ 5: September 29, 2009 Materials Due @ 5: October 6, 2009 Fifth Tuesday Meeting Study Session - Time Sched. 20 min. Time Avail 25 min. Worksho p Agenda Exec Sess - Bumham St. Briefing - Kim Mc -15 min. Council Goal Update - Admin. SI - 15 min. (Reevaluate need for monthly briefings at this time.) Workshop on Downtown Code Amendments and Design Standards - Sean - 45 min. - PPT Consent Agenda Urban Forestry Master Plan Workshop - PPT - Todd & Marissa - 60 mins_ Council Briefing #3 - Tigard Transportation System Plan Update - Darren -30 min. Business Meeting THS Student Envoy - 10 min. Time Avail: 110 min. -Time Scheduled: 10 min. Time Avail: 180 min, - Time Scheduled: 180 min. Time Left: 100 min. Time Left: 0 min. Page 3 of 6 8/3/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: October 27, 2009 Meeting Date: November 10, 2009 Meeting Date: November 17, 2009 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Typerrime: Workshop16:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due September 15, 2009 Request to Sched. Due September 29, 2009 Request to Sched. Due October 6, 2009 Materials Due @ 5: October 13, 2009 Materials Due @ 5: October 27, 2009 Materials Due @ 5: November 3, 2009 Study Session - Time Sched. 45 min. - 0 Avail. Study Session - Time Sched. 45 min. - 0 Avail. Workshop Agenda Annual Meeting with Tree Board - S1- CD - 60 Discuss Repeal of Title 18 Minimum Density Requirements - Darren - 45 min. Consent Agenda Recognition of Chief Dickinson - Craig P. - 20 mins. (Need RTS) Consent Agenda Business Meeting Business Meeting Chamber of Commerce Rep. THS Student Envoy -10 min. Youth Advisory Council Update - PD - SI -15 min. Approve Urban Forestry Master Plan - Todd & Marissa - PPT - 60 mins - RES Time Avail: 110 min. - Time Scheduled: 0 min. Time Avail: 110 min. -Time Scheduled: 85 min. Time Avail: 180 min. - Time Scheduled: 125 min. Time Left: 110 min. Time Left: 25 min. Time Left: 55 min. Page: 4 of 6 8/3/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: November 24, 2009 Meeting Date: December 8, 2009 Meeting Date: December 15, 2009 Meeting TypeMme: Business/6:30 p.m. Meeting TypefTime: Business/ 6:30 p.m. Meeting Type/Time: Workshop& CCDA16:30 p.m. Location: City Hall Location: City Mall Location: City Hall Request to Sched. Due October 13, 2009 Request to Sched. Due October 27, 2009 Request to Sched. Due November 3, 2009 Materials Due @ 5: November 10, 2009 Materials Due @ 5: November 24, 2009 Materials Due @ 5: December 1, 2009 Study Session - Time Sc hed. 45 min. - 0 Avail. Study Session - Time Sc hed. 30 min. - 15 Avail. Workshop City Attorney Review - Admin. SI - 30 min. Update the Budget Committee on the City's Year-to-date Financial Picture - PPT - Toby L. - 30 min. CCDA: Update CCDA Budget Committee on the City's Year-to-date Financial Picture - PPT - Toby L. - 10 min. Consent Agenda Regional Transportation Planning Update - Mike M & Consent Agenda & Ron B. - 15 min. Business Meeting Business Meeting Chamber of Commerce Rep. THS Student Envoy - 10 min. Legislative PH - Repeal of Title 18 Minimum Density Requirements - Darren - 45 min. Time Avail' 110 min. -Time Scheduled: 0 min. Time Avail: 110 min. - Time Scheduled: 55 min. Time Avail: 180 min. - Time Scheduled: 55 min. Time Left: 110 min. Time Left: 55 min. Time Leff: 125 min. Page 5 of 6 813/2009 Tigard City Council Tentative Agenda 2009 Meeting Date: Meeting Type/Time: Location: Request to Sched. Due Materials Due @ 5: December 22, 2009 Business/6:30 p.m. City Hall November 10, 2009 December 8, 2009 Meeting Date: Meeting TypelTime: Location: Facilitator: December 29, 2009 Fifth Tuesday/7-9 p.m. Water Bldg. Aud. Study Session - Time Sched. 0 min. - 45 Avail. Fift h Tuesday Consent Agenda Business Meeting Chamber of Commerce Rep. Time Avail: 110 min. -Time Scheduled: 0 min. Time Left: 110 min. Page 6 of 6 8/3/2009 Agenda Item. # Meeting Date August 11, 2009 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Authorize the CiM to enter into a contract with the Oregon Economic and Comxnuni Development De artment OECDD as 12art of the American Recover and Reinvestment Act ARRA Stimulus Pro am worth 4 796 000. Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: C2 ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Council authorize the City Manager to enter into a contract with the OECDD in order to receive funds? STAFF RECOMMENDATION Authorize the City Manger to enter into the contract. KEY FACTS AND INFORMATION SUMMARY • On April 15, 2009, City staff submitted an application for the Safe Drinking Water Revolving Loan. Fund, American Recovery and Reinvestment Act of 2009 in order to receive federal stimulus dollars for the proposed 10 million gallon reservoir improvements and transfer pump station project (CIP No. 96013). • On July 22, 2009, the City of Tigard Public Works Department was officially notified by the OECDD under the State Drinking Water Revolving Loan Fund Program the intent to award the City of Tigard $4,796,000.00. OTHER ALTERNATIVES CONSIDERED The LCRB could choose not to approve the authorization for the City to enter into a contract with the OECDD. The project would then need to be funded completely from the Water CIP Fund. CITY COUNCIL GOALS Norge ATTACHMENT LIST Staff has reviewed the proposed contract and it is available for review upon request. FISCAL NOTES The award is a $2,398,000 grant and a $2,398,000 loan with a repayment interest rate of 3% over 20 years. CIP No. 96013 is fully funded in Water CIP Budget which will enable initial payment for project costs with reimbursement to come from the grant and loan program. Agenda Item # Meeting Date August 11, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Local enc Agreement - SW Main Street: 99W to Rail Corridor Prepared By. KSM Dept Head Approval- City Mgr Approval: IssuE BEFORE THE COUNCIL Shall the Council approve the Local Agency Agreement (Attachment 1) with the State of Oregon to retrofit the southern half of Main Street, known as the Main Street Green Street Project? STAFF RECOMMENDATION Staff recommends Council authorize the Mayor to sign the Local Agency Agreement. KEY FACTS AND INFORMATION SUMMARY This project is a Green Street Demonstration Project that will retrofit the .1400 lineal foot section of Main Street south of the. rail corridor. Funding was approved through the Surface Transportation Program (STP) for $2,674;929. This program requires a local dollar match and the City has budgeted $500,000 for that match. OTHER ALTERNATIVES CONSIDERED No other alternatives were considered. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Local Agency Agreement No. 25,365- SW Main Street: 99W to Rail Corridor • Exhibit A-- Project Limits Map • Attachment No. 1 to Agreement No. 25,365 SPECIAL PROVISIONS • Attachment No. 2 to Agreement No. 25,365 STANDARD PROVISIONS - Joint Obligations FISCAL NOTES The cost for the Local Match is $500,000 and is funded by Gas Tax over the fiscal years 09/ 10 and 10/ 11. I:\Catywide\Cound Packets\Packet '09\09081 MIS Local Agency Agreement.doc Attachment 1 Misc, Contract & Agreement No. 25,365 LOCAL. AGENCY AGREEMENT SURFACE TRANSPORTATION PROGRAM - URBAN SW Main Street: 99W to Rail Corridor THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State," and the CITY OF TIGARD, acting by and through its elected officials, hereinafter referred to as "Agency," hereinafter individually referred to as the "Party" or collectively referred to as the "Parties." RECITALS 1. SW Main Street is a part of the city street system under the jurisdiction and control of Agency. 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and 366.576, state agencies may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree to retrofit the southern half of Main Street that will include widening sidewalks, the reconstruction and reconfiguration of existing streets, re-direct storm water, new street lighting and landscaping, hereinafter referred to as "Project." The location of the Project is approximately as shown on the detailed map attached hereto, marked "Exhibit A," and by this reference made a part hereof. 2. The Project shall be conducted as a part of the Federal-Aid Surface Transportation Program (STP) under Title 23, United States Code. The total Project cost is estimated at $3,040,000, which is subject to change. STP urban funds for this Project shall be limited to $2,674,929. The Project will be financed with STP funds at the maximum allowable federal participating amount, with Agency providing the match and any non-participating costs, including all costs in excess of the available federal funds. Key No. 15600 State/City of Tigard Agreement No. 25,365 3. The federal funding for this Project is contingent upon approval by the FHWA. Any work performed prior to acceptance by FHWA or outside the scope of work will be considered nonparticipating and paid for at Agency expense. 4. State considers Agency a sub-recipient of the federal funds it receives as reimbursement under this Agreement. The Catalog of Federal Domestic Assistance (CFDA) title and number for this Project is Highway Planning and Construction, 20.205. 5. The term of this Agreement will begin upon execution and will terminate upon completion of the Project and final payment or ten (10) calendar years following the date of final execution, whichever is sooner. 6. This Agreement may be terminated by mutual written consent of both Parties. 7. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. G. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. 8. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 2 State/City of Tigard Agreement No. 25,365 9. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The Parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. 10. Agency, as a recipient of federal funds, pursuant to this Agreement with State, shall assume sole liability for Agency's breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon Agency's breach of any such conditions that requires State to return funds to the Federal Highway Administration, hold harmless and indemnify State for an amount equal to the funds received under this Agreement, or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this Agreement. 11. Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 12. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 13. This Agreement and attached exhibits, constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party has read this Agreement, understands it, and agrees to be bound by its terms and conditions. 3 State/City of Tigard Agreement No. 25,365 This Project is in the 2008-2011 Statewide Transportation Improvement Program, (Key #15600) that was approved by the Oregon Transportation Commission on November 14, 2007. The Oregon Transportation Commission on December 29, 2008, approved Delegation Order No. 2, which authorizes the Director to'approve and execute agreements for day- to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission. On September 15, 2006, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director, Highways; Deputy Director, Central Services and the Chief of Staff, to approve and sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program. Signature page to follow. 4 State/City of Tigard Agreement No. 25,365 CITY OF TIGARD, by and through its elected officials By Mayor Date By Recorder Date APPROVED AS TO LEGAL SUFFICIENCY By City Attorney Date Agency Contact: Kim McMillan 13125 SW Hall Blvd. Tigard, OR 97223 503-718-2643 im@tigard-or.gov State Contact: Michele Thom 123 NW Flanders Portland, Oregon 97209 503-731-8279 Michele.R.THOM@odot.state.or.us STATE OF OREGON, by and through its Department of Transportation By Deputy Director, Highways Date APPROVAL RECOMMENDED B Technical Services Manager/Chief Engineer Date By Date Region 1 Manager APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General Date: 5 Exhibit A i ^ ~T he n n ,t 1. 4 y Is & v' q y a f nr 7 ~ end ~f ~ ~ ~ ' $ r , w ~7Y ~ f r } t~ L ~7 ATTACHMENT NO. 1 to Agreement No. 25,365 SPECIAL PROVISIONS Agency or its consultant shall, as a federal-aid participating preliminary engineering function, conduct the necessary field surveys, environmental studies, traffic investigations, foundation explorations, and hydraulic studies, identify and obtain all required permits, assist State with acquisition of necessary right of way and/or easements, and perform all preliminary engineering and design work required to produce final plans, preliminary/final specifications and cost estimates. 2. Upon State's award of the construction contract, Agency, or its consultant, shall be responsible to perform all construction engineering, field testing of materials, technical inspection and project manager services for administration of the contract. 3. In the event that Agency elects to engage the services of a personal services consultant to perform any work covered under this Agreement, Agency and Consultant shall enter into a Personal Services Contract approved by State's Office of Procurement Manager or designee (Salem). Said contract must be reviewed and approved by the Office of Procurement Manager or designee prior to beginning any work. This review includes, but is not limited to the Request for Proposal, Statement of Work, advertisement and all contract documents. This review and approval is required to ensure federal reimbursement. 4. State may make available Region 1's On-Call Preliminary Engineering (PE), Design and Construction Engineering Services consultant for Local Agency Projects upon written request. If Agency chooses to use said services, Agency agrees to manage the work performed by the consultant and make funds available to the State for payment of those services. All eligible work shall be a federally participating cost and included as part of the total cost of the Project. 5. Agency shall, at its own expense, maintain, operate and supply power for Project illumination for the Project at a minimum level that is consistent with normal depreciation and/or service demand. 6. Maintenance responsibilities shall survive any termination of this Agreement. ATTACHMENT NO. 2 STANDARD PROVISIONS JOINT OBLIGATIONS PROJECT ADMINISTRATION State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this administration. If requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State will further act for Agency in other matters pertaining to the Project. Agency shall, if necessary, appoint and direct the activities of a Citizen's Advisory Committee and/or Technical Advisory Committee, conduct a hearing and recommend the preferred alternative. State and Agency shall each assign a liaison person to coordinate activities and assure that the interests of both parties are considered during all phases of the Project. 2. Any project that uses federal funds in project development is subject to plans, specifications and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. PRELIMINARY & CONSTRUCTION ENGINEERING 3. State, Agency, or others may perform preliminary and construction engineering. If Agency or others perform the engineering, State will monitor the work for conformance with FHWA rules and regulations. In the event that Agency elects to engage the services of a personal services consultant to perform any work covered by this Agreement, Agency and Consultant shall enter into a State reviewed and approved personal services contract process and resulting contract document. State must concur in the contract prior to beginning any work. State's personal services contracting process and resulting contract document will follow Title 23 Code of Federal Regulations (CFR) 172, Title 49 CFR 18, ORS 279A.055, the current State Administrative Rules and State Personal Services Contracting Procedures as approved by the FHWA. Such personal services contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. Subcontracts shall contain all required provisions of Agency as outlined in the Agreement. No reimbursement shall be made using federal-aid funds for any costs incurred by Agency or its consultant prior to receiving authorization from State to proceed. Any amendments to such contract(s) also require State's approval. 4. On all construction projects where State is the signatory party to the contract, and where Agency is doing the construction engineering and project management, Agency, subject to any limitations imposed by state law and the Oregon Constitution, agrees to accept all responsibility, defend lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit arising out of the contractor's work or Agency's supervision of the project. STDPRO-2008.aoc Rev. 09-23-2008 REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF TRANSPORTATION (USDOT) FINANCIAL ASSISTANCE AGREEMENT 5. If as a condition of assistance, Agency has submitted and the United States Department of Transportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative Action Program which Agency agrees to carry out, this affirmative action program is incorporated into the financial assistance agreement by reference. That program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of the financial assistance agreement. Upon notification from USDOT to Agency of its failure to carry out the approved program, USDOT shall impose such sanctions as noted in Title 49, CFR, Part 26, which sanctions may include termination of the agreement or other measures that may affect the ability of Agency to obtain future USDOT financial assistance. 6. Disadvantaged Business Enterprises (DBE) Obligations. State and its contractor agree to ensure that DBE as defined in Title 49, CFR, Part 2. 6, have the opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. In this regard, Agency shall take all necessary and reasonable steps in accordance with Title 49, CFR Part 26, to ensure that DBE have the opportunity to compete for and perform contracts. Neither State nor Agency and its contractors shall discriminate on the basis of race, color, national origin or sex in the award and performance of federally-assisted contracts. Agency shall carry out applicable requirements of Title 49, CFR, Part 26, in the award and administration of such contracts. Failure by Agency to carry out these requirements is a material breach of this Agreement, which may result in the termination of this contract or such other remedy as State deems appropriate. 7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under this Agreement. 8. Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Titles VI and VI I of the Civil Rights Act of 1964. 9. The parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work including, but not limited to, the provisions of ORS 279C 505 279C.515 279C.520 279C.530 and 279B.270 incorporated herein b reference and made a art hereof° Title 23 CFR Parts 1.11 140, 710, and 771; Title 49 CFR Parts 18, 24 and 26; OMB CIRCULAR NO. A-87 and NO. A-133 Title 23 USC Federal-Aid Highway Act- Title 41, Chapter 1 USC 51-58 Anti-Kickback Act; Title 42 USC: Uniform Relocation Assistance and Real Pro ert Acquisition Policy, Act of 1970, as amended and provisions of Federal-Aid Policy Guide . FAPG . STATE OBLIGATIONS PROJECT FUNDING REQUEST 10. State shall submit a Project funding request to FHWA with a request for approval of federal- aid participation in ail engineering, right-of-way acquisition, eligible utility relocations and/or construction work for the Project. No work shall proceed on any activity in which federal-aid participation is desired until such approval has been obtained. The program shall include services to be provided by State, Agency, or others. State shall notify STDPRO-2008.aoc Rev. 09-23-2008 Agency in writing when authorization to proceed has been received from FHWA. Major responsibility for the various phases of the Project will be as outlined in the Special Provisions. All work and records of such work shall be in conformance with FHWA rules and regulations. FINANCE 11. State shall, in the first instance, pay all reimbursable costs of the Project, submit all claims for federal-aid participation to FHWA in the normal manner and compile accurate cost accounting records. Agency may request a statement of costs to date at any time by submitting a written request. When the actual total cost of the Project has been computed, State shall furnish Agency with an itemized statement of final costs. Agency shall pay an amount which, when added to said advance deposit and federal reimbursement payment, will equal 100 percent of the final total actual cost. Any portion of deposits made in excess of the final total costs of Project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the Project expenditure account(s) and will be included in the total cost of the Project. PROJECT ACTIVITIES 12. State shall, if the preliminary engineering work is performed by Agency or others, review and process or approve all environmental statements, preliminary and final plans, specifications and cost estimates. State shall, if they prepare these documents, offer Agency the opportunity to review and approve the documents prior to advertising for bids. 13. The party responsible for performing preliminary engineering for the Project shall, as part of its preliminary engineering costs, obtain all Project related permits necessary for the construction of said Project. Said permits shall include, but are not limited to, access, utility, environmental, construction, and approach permits. All pre-construction permits will be obtained prior to advertisement for construction. 14. State shall prepare contract and bidding documents, advertise for bid proposals, and award all contracts. 15. Upon State's award of a construction contract, State shall perform independent assurance testing in accordance with State and FHWA Standards, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the Project. 16. State shall, as a Project expense, assign a liaison person to provide Project monitoring as needed throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and construction). The liaison shall process reimbursement for federal participation costs. RIGHT OF WAY 17. State is responsible for proper acquisition of the necessary right of way and easements for construction and maintenance of the Project. Agency may perform acquisition of the necessary right of way and easements for construction and maintenance of the Project, provided Agency (or Agency's consultant) are qualified to do such work as required by the State's Right of Way Manual and have obtained prior approval from State's Region Right of Way office to do such work. STDPRO-2008.doc Rev. 09-23-2008 18. Regardless of who acquires or performs any of the right of way activities, a right of way services agreement shall be created by State's Region Right of Way office setting forth the responsibilities and activities to be accomplished by each party. State shall always be responsible for requesting project funding, coordinating certification of the right of way, and providing oversight and monitoring. Funding authorization requests for federal right of way funds must be sent through the State's Region Right of Way offices on all projects. All projects must have right of way certification coordinated through State's Region Right of Way offices (even for projects where no federal funds were used for right of way, but federal funds were used elsewhere on the Project). Agency should contact the State's Region Right of Way office for additional information or clarification. 19. State shall review all right of way activities engaged in by Agency to assure compliance with applicable laws and regulations. Agency agrees that right of way activities shall be in accord with the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35, FHWA Federal-Aid Policy Guide, State's Right of Way Manual and the Code of Federal Regulations, Title 23, Part 710 and Title 49, Part 24. 20. If any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the required proportionate shares of the fair market value may be required. 21. Agency insures that all Project right of way monumentation will be conducted in conformance with ORS 209.155. 22. State and Agency grants each other authority to enter onto the other's right of way for the performance of the Project. AGENCY OBLIGATIONS FINANCE 23. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount, unless otherwise agreed to and specified in the intergovernmental agreement. If federal funds are used, Agency will specify the Catalog of Federal Domestic Assistance (CFDA) number in the Agreement. Agency will also determine and clearly state in the Agreement if recipient is a subrecipient or vendor, using criteria in Circular A-133. 24. Agency's estimated share and advance deposit. A. Agency shall, prior to commencement of the preliminary engineering and/or right of way acquisition phases, deposit with State its estimated share of each phase. Exception may be made in the case of projects where Agency has written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. B. Agency's construction phase deposit shall be 110 percent of Agency's share of the engineer's estimate and shall be received prior to award of the construction contract. STDPRO-2008.doc Rev. 09-23-2008 Any additional balance of the deposit, based on the actual bid must be received within forty-five (45) days of receipt of written notification by State of the final amount due, unless the contract is canceled. Any unnecessary balance of a cash deposit, based on the actual bid, will be refunded within forty-five (45) days of receipt by State of the Project sponsor's written request. C. Pursuant to ORS 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool, and an Irrevocable Limited Power of Attorney is sent to the Highway Finance Office), or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash. D. Agency may satisfy all or part of any matching funds requirements by use of in-kind contributions rather than cash when prior written approval has been given by State. 25. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall also pay 100 percent of the cost of any item in which FHWA will not participate. If Agency has not repaid any non-participating cost, future allocations of federal funds, or allocations of State Highway Trust Funds, to that Agency may be withheld to pay the nonparticipating costs. If State approves processes, procedures, or contract administration outside the Local Agency Guidelines that result in items being declared non-participating, those items will not result in the withholding of Agency's future allocations of federal funds or the future allocations of State Highway Trust Funds. 26. Costs incurred by State and Agency for services performed in connection with any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon. 27. If Agency mares a written request for the cancellation of a federal-aid project; Agency shall bear 100 percent of all costs as of the date of cancellation. If State was the sole cause of the cancellation, State shall bear 100 percent of all costs incurred. If it is determined that the cancellation was caused by third parties or circumstances beyond the control of State or Agency, Agency shall bear all development costs, whether incurred by State or Agency, either directly or through contract services, and State shall bear any State administrative costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency. 28. Agency shall follow requirements of the Single Audit Act. The requirements stated in the Single Audit Act must be followed by those local governments and non-profit organizations receiving $500,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as amended by PL 104-156, described in "OMB CIRCULAR NO. A-133", requires local governments and non-profit organizations to obtain an audit that includes internal controls and compliance with federal laws and regulations of all federally-funded programs in which the local agency participates. The cost of this audit can be partially prorated to the federal program. 29. Agency shall make additional deposits, as needed, upon request from State. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project. STDPRO-2008.doc Rev. 09-23-2008 30. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalf of the Project directly to State's Liaison Person for review and approval. Such invoices shall identify the Project and Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Billings shall be presented for periods of not less than one-month duration, based on actual expenses to date. All billings received from Agency must be approved by State's Liaison Person prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be those allowable under the provisions of Title 23 CFR Parts 1.11, 140 and 710, Final billings shall be submitted to State for processing within three months from the end of each funding phase as follows: 1) award date of a construction contract for preliminary engineering 2) last payment for right-of-way acquisition and 3) third notification for construction. Partial billing (progress payment) shall be submitted to State within three months from date that costs are incurred. Final billings submitted after the three months shall not be eligible for reimbursement. 31. The cost records and accounts pertaining to work covered by this Agreement are to be kept available for inspection by representatives of State and FHWA for a period of six (6) years following the date of final voucher to FHWA. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (Title 49 CFR 18.42). 32. State shall request reimbursement, and Agency agrees to reimburse State, for federal-aid funds distributed to Agency if any of the following events occur: a) Right of way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which the federal-aid funds were authorized; b) Right of way acquisition is undertaken utilizing federal-aid funds and actual construction is not started by the close of the twentieth fiscal year following the fiscal year in which the federal-aid funds were authorized for right of way acquisition. c) Construction proceeds after the Project is determined to be ineligible for federal-aid funding (e.g., no environmental approval, lacking permits, or other reasons). 33. Agency shall maintain all Project documentation in keeping with State and FHWA standards and specifications. This shall include, but is not limited to, daily work records, quantity documentation, material invoices and quality documentation, certificates of origin, process control records, test results, and inspection records to ensure that projects are completed in conformance with approved plans and specifications. RAILROADS 34. Agency shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through State's appropriate Region contact or State's Railroad Liaison. Only those costs allowable under Title 23 CFR Part 646, subpart B and Title 23 CFR Part 140, subpart I, shall be included in the total Project costs; all other costs associated with railroad work will be at the sole expense of Agency, or STDPRO-2008.doc Rev, 09-23-2008 others. Agency may request State, in writing, to provide railroad coordination and negotiations. However, State is under no obligation to agree to perform said duties. UTILITIES 35. Agency shall cause to be relocated or reconstructed, all privately or publicly-owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation or reconstruction is made necessary by the plans of the Project in order to conform the utilities and other facilities with the plans and the ultimate requirements of the Project. Only those utility relocations, which are eligible for federal-aid participation under, Title 23 CFR 645A, shall be included in the total Project costs; all other utility relocations shall be at the sole expense of Agency, or others. State will arrange for utility relocations/adjustments in areas lying within jurisdiction of State, if State is performing the preliminary engineering. Agency may request State in writing to arrange for utility relocations/adjustments lying within Agency jurisdiction, acting on behalf of Agency. This request must be submitted no later than twenty-one (21) weeks prior to bid let date. However, State is under no obligation to agree to perform said duties. 36. Agency shall follow established State utility relocation policy and procedures. The policy and procedures are available through the appropriate State's Region Utility Specialist or State's Right of Way Section Railroad Liaison, and Utility Engineer. STANDARDS 37. Agency agrees that design standards for all projects on the National Highway System (NHS) and the Oregon State Highway System shall be in compliance to standards specified in the current "State Highway Design Manual" and related references. Construction plans shall be in conformance with standard practices of State for plans prepared by its own staff. All specifications for the Project shall be in substantial compliance with the most current "Oregon Standard Specifications for Highway Construction". 38. Agency agrees that minimum design standards for non-NHS projects shall be recommended AASHTO Standards and in accordance with the current "Oregon Bicycle and Pedestrian Plan", unless otherwise requested by Agency and approved by State. 39. Agency agrees and will verify that the installation of traffic control devices shall meet the warrants prescribed in the "Manual on Uniform Traffic Control Devices and Oregon Supplements". 40. All plans and specifications shall be developed in general conformance with the current "Contract Plans Development Guide" and the current "Oregon Standard Specifications for Highway Construction" and/or guidelines provided. 41. The standard unit of measurement for all aspects of the project shall be English Units. All project documents and products shall be in English. This includes, but is not limited to, right of way, environmental documents, plans and specifications, and utilities. GRADE CHANGE LIABILITY 42. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the Project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. STDPRO-2008,doc 7 Rev. 09-23-2008 43. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 106.760 for change of grade. 44. Agency, if a City, by execution of Agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the project covered by the Agreement. CONTRACTOR CLAIMS 45. Agency shall, to the extent permitted by state law, indemnify, hold harmless and provide legal defense for State against all claims brought by the contractor, or others resulting from Agency's failure to comply with the terms of this Agreement. 46. Notwithstanding the foregoing defense obligations under Paragraph 45, neither Agency nor any attorney engaged by Agency shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that Agency is prohibited from defending the State of Oregon, or that Agency is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Agency if the State of Oregon elects to assume its own defense. MAINTENANCE RESPONSIBILITIES 47. Agency shall, upon completion of construction, thereafter maintain and operate the Project at its own cost and expense, and in a manner satisfactory to State and FHWA. WORKERS' COMPENSATION COVERAGE 48. All employers, including Agency that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Agency shall ensure that each of its contractors complies with these requirements. LOBBYING RESTRICTIONS 49. Agency certifies by signing the Agreement that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. STDPRO-2008. doc Rev. 09-23-2008 B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31, 11SC Section 1352. E. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Paragraphs 35, 36, and 47 are not applicable to any local agency on state highway projects. STDPR©-2008.doc Rev. 09-23-2008 Agenda Item T# 44 Meeting Date `b ~ n. . o9 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Parks, Open Space and Trails General Obligation Bond Prepared By. Dept Head Approval: City Mgr Approval: ! cVJ I55uE BEFORE THE COUNCIL Shall the City Council pass a resolution authorizing an election on November 3, 2009 seeking voter approval to issue general obligation bonds up to the value of $20 million to fund acquisition, development and preservation of parks, natural areas, clean water, open space and trails? STAFF RECOMMENDATION Conduct an informational Public Hearing and consider the resolution. KEY FACTS AND INFORMATION SUMMARY • Council goals for 2009 include preparation for a General Obligation Bond election. • The recently adopted Parks and Recreation Master Plan identifies deficiencies in the Cir~s curent facilities and includes projects for acquisition and construction to reduce those deficiencies. • The Parks and Recreation Advisory-Board goals include passage of a Bond issue to fund projects. • Recent public opinion polling suggests Tigard voters are supportive of expansion of the parks, open space, natural areas and trail systems. This recent polling is consistent with past polling on this issue. OTHEI<ALTERNATIVES CONSIDERED The Council could choose to delay the election date until 2010 or later, or decide to forgo the election completely and advise staff of an alternative method to fund these improvements. CITY COUNCIL GOALS 2009 Goal: Prepare for 2010 Bond Measure for Parks, Open Spaces and Trails ATTACHMENT LIST Resolution FISCAL NOTES An election in November, 2009 will cost the City between $35,000-50,000 depending on how many other public agencies schedule elections on that date. Bonds would mature in 21 years or less from issuance and maybe issued in one or more series. The estimated additional cost to property owners, if all $20 million in bonds are sold, would be $0.32 per $1000 of assessed valuation. For the owner of home with the median assessed value of $200,893, the additional monthly cost would be about $5.41 per month, or $65 per year. Passage of this bond (or securing some other source for $20 million) will allow the City to leverage an additional estimated $44 million in future System Development Charges (SDCs). I:\GLywide\Council Packets\Paclwt '09\090811\Parks Bond _A~.enda_Item Sutntnary no-Imtr.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION OF THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, CALLING A MEASURE ELECTION TO SUBMIT TO THE ELECTORS OF THE CITY THE QUESTION OF CONTRACTING GENERAL OBLIGATION BONDED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 TO PRESERVE CLEAN WATER, NATURAL AREAS, WILDLIFE HABITAT; DECLARING INTENT TO REIMBURSE EXPENDITURES; AND RELATED MATTERS. WHEREAS, the City Council of the City of Tigard, Washington County, Oregon (the "City"), has determined that a need exists for the City to finance the costs of capital construction and capital improvements related to protection of water quality in local creeks and streams; preservation of natural areas, wildlife habitat; improvement and creation of community parks and recreational areas; construction and improvement of hiking, biking and walking trails through land acquisition and restoration. The bond proceeds would also be used to pay bond issuance costs; and WHEREAS, the costs of the Projects to be funded with bond proceeds are estimated to be not more than $20,000,000; and WHEREAS, Oregon Revised Statutes Chapter 287A.050 authorizes the City to contract bonded indebtedness to provide funds to finance the costs of the Project and to pay bond issuance costs subject to voter approval; and WHEREAS, the City anticipates incurring expenditures (the "Expenditures") to finance the costs of the Project and hereby declares its official intent to reimburse itself for any Expenditures it may make on the Projects from the proceeds of voter-approved general obligation bonds (the "Bonds"), the interest on which shall be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"); and NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: A measure election is hereby called for the purpose of submitting to the electors of the City the question of contracting general obligation bonded indebtedness in the name of the City in an amount not to exceed $20,000,000. Bond proceeds will be used to finance the Project and pay all Bond issuance costs. Pursuant to ORS 250.285, the City Council approves the ballot title that is attached as Exhibit A and directs that this ballot title be filed with the City Attorney and the City Elections Officer. RESOLUTION NO. 09 - Page 1 SECTION 2: The measure election hereby called shall be held in the City on the 3rd day of November, 2009. The election shall be conducted by mail pursuant to ORS 254.465 and 254.470. SECTION 3: The City authorizes the Mayor, City Manager (each an "Authorized Representative") or a designee of the Authorized Representative to act on behalf of the City and to take such further action as is necessary to carry out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 4: Pursuant to ORS 250.275(5) the City Elections Officer shall publish in the next available edition of the Tigard Times or in some other newspaper of general distribution within the City, a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title pursuant to 250.296 not later than the seventh business day after the title is filed with the City Elections Officer in substantially the form attached hereto as Exhibit B (the "Notice"). SECTION 5: Pursuant to ORS 254.095(2) the City directs the City Elections Officer to file a Notice of City Measure Election in substantially the form of Exhibit A with the Washington County Elections Office not earlier than the eighth business day after the date on which Exhibit A is filed with the City Elections Officer and not later than September 3, 2009 (sixty-one (61) days prior to the election date). The Washington County Elections Office is required to produce and disseminate a facsimile of the ballot in accordance with ORS 254.205. SECTION 6: The City hereby declares its official intent to reimburse itself with the proceeds of the Bonds for any of the Expenditures incurred by it prior to the issuance of the Bonds. SECTION 7: The law firm of K & L Gates LLP, is hereby appointed to serve as bond counsel with respect to the issuance of the Bonds. The City will pay the fees and expenses of bond counsel from Bond proceeds. SECTION 8: The Explanatory Statement for the measure for the Washington County Voter's Pamphlet shall be as set forth in Exhibit C attached. SECTION 9: This resolution is effective immediately upon passage. RESOLUTION NO. 09 - Page 2 PASSED: This day of 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard I:ACitywide\Council Packets \Packet '09 \09081 1 \go bond resolution 7-30-09.doc RESOLUTION NO. 09 - Page 3 EXHIBIT A NOTICE OF CITY MEASURE ELECTION CITY OF TIGARD WASHINGTON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on November 3, 2009, a measure election will be held in the City of Tigard, Washington County, Oregon. The following shall be the ballot title of the measure to be submitted to the City's voters on this date: CAPTION BOND ISSUE TO PRESERVE CLEAN WATER, NATURAL AREAS, WILDLIFE HABITAT QUESTION SHALL CITY ISSUE $20 MILLION GENERAL OBLIGATION BONDS TO PROTECT CLEAN WATER, PRESERVE NATURAL AREAS, WILDLIFE HABITAT BEGINNING FY 2010-2011? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of sections 11 and 11b, Article XI of the Oregon Constitution. SUMMARY If approved, this measure would authorize the City of Tigard to sell up to $20 million in bonds for costs of capital construction and improvements including land acquisition and restoration, which would: • Preserve natural areas, • Protect creeks and streams for improved local water quality, • Protect streams, fish and wildlife, and • Create and improve community parks, recreational areas and trails. The Parks and Recreation Board would provide oversight; proceeds would be audited in City's yearly audit. Bonds would mature in 21 years or less from issuance and may be issued in one or more series. The estimated additional annual cost to property owners if all $20 million in bonds are sold would be $0.32 per $1,000 of assessed valuation. For the owner of a home with the median assessed value of $200,893, the city estimates that the additional monthly cost would be about $5.41 per month, or $65 per year. RESOLUTION NO. 09 - Page 4 EXHIBIT B NOTICE OF RECEIPT OF BALLOT TITLE Notice is hereby given that a ballot title for a measure referred by the Cite of Tigard has been filed with the City Elections Officer on August 11, 2009. The ballot title caption is BOND ISSUE TO PRESERVE CLEAN WATER, NATURAL AREAS, WILDLIFE HABITAT. An elector may file a petition for review of this ballot title in the Washington County Circuit Court no later than 5 p.m., August 20, 2009, under ORS 250.296. Signature of City Elections Officer Date signed Catherine Wheatley Printed Name of City Elections Officer City Recorder Title This legal notice is to be published by the City Elections Officer in The Times, Tigard, Oregon, or in another newspaper of general distribution within the City. I:ACitywide\Council Packets \Packet '09 \090811 \go bond resolution 7-30-09.doc RESOLUTION NO. 09 - Page 5 EXHIBIT C EXPLANATORY STATEMENT With passage of the Bond Measure, voters would direct the City of Tigard to preserve clean water, protect natural areas, lands near rivers, creeks and streams, and wildlife habitat throughout Tigard. Passage of the Bond Measure would help to achieve the safeguarding of water quality, natural areas and wildlife while managing the impacts of growth. The $20 million general obligation bond measure would allow for the implementation of a significant portion of the Tigard Park System Master Plan, including: • The preservation of clean water throughout Tigard through the acquisition of sensitive lands near rivers, creeks, streams and wetlands. • The acquisition of natural areas to solely provide for protection of critical natural resources, including rare, and state and federally listed species, with the goal of natural areas within a half-mile of every Tigard resident in order to provide access to passive recreation and natural education opportunities to residents of all ages. • The acquisition of land for the creation of high quality parks and natural areas for both active and passive recreation, with the goal of parks within a half-mile of every Tigard resident in order to provide access to active and passive recreation opportunities for residents of all ages. • The acquisition of land and easements for the creation of an interconnected regional and local system of on- and off- road trails and paths that link together neighborhoods, parks, natural areas, major urban activity centers and regional recreational opportunities In the first year following its passage, the 2009 Water, Natural Areas and Wildlife Bond Measure would likely cost property owners 32 cents per $1,000 of assessed value. For the average homeowner, the total annual cost is likely to be $ 5.41 per month or $65 per year. Additionally, all spending from this measure would be subject to oversight by the Tigard Parks and Recreation Board and audits within the City's yearly audit to ensure that all funds are spent efficiently and appropriately. By law, no money from the measure can be used for administrators' salaries. RESOLUTION NO. 09 - Page 5 AGENDA ITEM No. 4 Date: August 11, 2009 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: A PROPOSED BALLOT MEASURE FOR A BOND TO PRESERVE CLEAN WATER, NATURAL AREAS, WILDLIFE HABITAT Due to Time Constraints City Council May Impose A Time Limit on Testimony -t - AGENDA ITEM No. 4 Date: August 11, 2009 PLEASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking ALainst) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. ` Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. L t co "tea sw 113" L' 1 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. ~(lS~Gt ~~V~C1 ti~S~S sv~ C ~~~L = Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. e v^ 4 z o Ql i tike-- ~ -7-1L ~ G) R I-12- Z Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # Meeting Date -August t 11, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Formation of an A uatic District to Fund the O oration of T' d-Tualatin School District's Swimming Pools < M~r repared Bp: Dennis Koellermeier Dept Head Approval: 1 City Approval: p ISSUE BEFORE THE COUNCIL A citizen group (the Petitioners) is interested in forming an aquatic district to fund the operation of the Tigard-Tualatin School District's swimming pools. To do so requires a resolution approving the petition to the County from each City in the new district boundaries to place the issue on the ballot. The attached packet includes two forms of a resolution. Council needs to determine which form of the resolution it prefers, or whether it chooses to take no action on this item. STAFF RECOMMENDATION Consider the Resolution prepared by the City Attorney (Attachment 5). HEY FAC'T'S AND INFORMATION SUMMARY • The Tigard-Tualatin School District (TTSD) owns and operates two swim centers located at Tigard and Tualatin High Schools. • The school district's projected budget can no longer support the operation of the pools and the cities of Tigard and Tualatin are not able to tape over operation since they do not have money in their respective budgets. • TTSD is willing to coordinate with an interested citizen group to keep the pools open and maintained long enough for the group to develop a long-terns., stable funding source and take over the management operation for both swim centers. • The Petitioners would like to develop an aquatic district pursuant to Oregon Revised Statues (ORS) Chapter 198 to establish a permanent tax levy that will support the operation of the pools indefinitely for use by the district's residents. • ORS Chapter 198 requires approval by resolution of the City Councils of all four cities within the school district (Tigard, Tualatin, Durham and King City) before a petition to form a special district can be filed with the county. • The Petitioners have prepared a draft resolution (Attachment 1) for the Council to consider, along with a preliminary fact sheet and an economic feasibility statement. Those items are attached for reference. • The City Attorney's office has prepared an alternative resolution (Attachment 5), which more narrowly focuses on the requirements of ORS and satisfies the need of the petitioners. OTHER ALTERNATIVES CONSIDERED The City could choose to not support the formation of a new district. CITY COUNCIL GoALs None ATTACHMENT LIST 1. Draft resolution from the petitioners 2. Preliminary Fact Sheet 3. Economic Feasibility Statement 4. City Attorney memo 5. City Attorney Draft Resolution FISCAL, Nom There is no cost for the City of Tigard. The proponents are projecting a permanent property tax rate of 9¢ per thousand for all property tax payers within the proposed district. The proponents are aiming towards the May 2010 ballot. 1ACitywide\Council Rackets\Racket'09\090811\Tigatd-'Tualatin Aquatic District AIS.docx Attachment 1 RESOLUTION NO. RESOLUTION APPROVING PROPOSED FORMATION OF SPECIAL AQUATIC DISTRICT (Tigard-Tualatin Aquatic District) WHEREAS, the Tigard-Tualatin School District ("TTSD") has determined that it is not economically feasible for TTSD to operate the aquatic centers at Tigard High School and Tualatin High School (the Aquatic Centers) on a long-term basis; and WHEREAS, the Aquatic Centers are a valuable resource to the communities of Tigard, Tualatin, King City, Durham, and surrounding unincorporated areas as well as to TTSD; and WHEREAS, concerned citizens seep the formation of Tigard-Tualatin Aquatic District (TTAD), a special parks and recreation district formed pursuant to Chapter 266 of the Oregon Revised Statutes to be managed by a five person board of directors elected at large by the registered voters within TTAD, for the purpose of operating the Aquatic Centers; and WHEREAS, TTSD supports the proposal to form TTAD and intends to allow such a district to operate the Aquatic Centers upon the execution of a mutually agreeable contract; and WHEREAS, the proposed funding for TTAD is a permanent tax levy which would provide a stable funding source for the ongoing operations of the Aquatic Centers if the formation of the special district and the permanent tax levy are approved by voters; and WHEREAS, TTAD will be formed if voters within TTAD approve a ballot measure in the May 2010 election; and WHEREAS, portions of TTAD are within the cities of Tigard, Tualatin, King City, and Durham and certified copies of resolutions of the governing bodies of those cities approving the petition to form TTAD must accompany the petition pursuant to ORS 198.720(1); and WHEREAS, the proposed TTAD appears to provide a viable mechanism for ensuring that the Aquatic Centers remain a valuable resource and that voters should have an opportunity to determine whether or not to form TTAD and consent to the tax levy; NOW THEREFORE, IT IS HERESY RESOLVED that the City Council of Tigard approves the petition attached as Exhibit 1. INTRODUCED AND ADOPTED by the City Council of Tigard, Oregon and signed by me in authentication of its passage this day of , 2009. CITY OF TIGAR.D, OREGON By Mayor ATTEST: By City Recorder BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, OREGON [DRAFT] PETITION FOR THE FORMATION OF A SPECIAL DISTRICT (Tigard-Tualatin Aquatic District) Pursuant to ORS 198.705 to 198.755, the signators hereto petition the Washington County Board of Commissioners to initiate proceedings for the formation of a special district to be called the Tigard-Tualatin Aquatic District. The nature of the proposed special district is a parks and recreation district organized under ORS Chapter 266 with the limited purpose of managing and operating the aquatic centers owned by the Tigard-Tualatin School District (TTSD) at Tigard High School and Tualatin High School. The counties affected by the proposed special district are Washington County and Clackamas County. Washington County is the Principal county as defined in ORS 198.705(17). The affected districts and the principal Act of each affected district are as follows: City of Tigard, ORS Chapter 221 City of Tualatin, ORS Chapter 221 City of Durham, ORS Chapter 221 City of King City, ORS Chapter 221 Tigard-Tualatin School District, ORS Chapter 332 The boundary of the proposed special district is the boundary of TTSD as more particularly described in Exhibit A [to be attached in final version of petition]. The territory in the proposed special district is inhabited. . The proposed special district will be managed by a five person board of directors to be elected at large by the registered voters within the special district. The proposed permanent tax rate to support the services and functions of the proposed special district in the manner described in the economic feasibility statement required by ORS 198.749 is 9 cents per thousand dollars of assessed value of real property within proposed special district. The formation of the special district is subject to the following terms and conditions: The function of special district will be limited to managing and operating the aquatic centers at Tigard High School and Tualatin High School. Exhibit 1 Date Date Date [Typed Name], Chief Petitioner [Typed Address] Landowner and registered voter in the proposed special district [Typed Name], Chief Petitioner [Typed Address] Landowner and registered voter in the proposed special district [Typed Name], Chief Petitioner [Typed Address] Landowner and registered voter in the proposed special district Exhibit 1 Attachment 2 TIGARD-TUALATIN POOLS Preliminary Fact Sheet Rev 05/28/2009 - 1 SITUATION The Tigard-Tualatin School District (TTSD) owns and operates two swim centers, located on the school grounds at Tigard and Tualatin High Schools. The school district's projected budget can no longer support the operation of the pools and the cities of Tigard and Tualatin are not able to take over operation. TTSD recognizes the value of the pools to the local communities and is willing to coordinate with a citizen group to keep the pools open and/or maintained long enough for the group to develop a long-term stable funding and management option for both swim centers. TTSD has proposed that it will pay to keep one swim center open and to "mothball" (close to any use but maintain for future reopening) one pool through July 2010. If no other funding source emerges, TTSD will shut down both pools. This would be irreversible and the community would permanently lose both pools. UTILIZATION The pools support both school district and community use and are typically open 130-150 hours per week (combined). During the school year, about 500 people per day (total) use the pools, of which approximately 20% is school usage and 80% community. During the summer, usage increases to about 1,000 people per day, which is 100% community use. Usage includes school and community swim lessons; high school swim and water polo practices and meets/games; community swim and water polo club practices and meets/games; community fitness, rehabilitation, and exercise classes; open swim for recreational and family use; community lap swim; special-use rentals; and training for law enforcement and water rescue operations. FINANCIAL The pools were built (and later upgraded) using bond funds that will continue to be paid by STATUS TTSD residents through 2016 whether the pools are open or not. The bond was for construction costs only, not operating costs. Operating costs vary, but average about $30,000/month for each pool (utilities, water, chemicals, repairs, personnel, etc.). Revenue from community use fees and rentals typically range from $8,000$10,000/month, for a total net loss of $500,000-$600,000 per year for both, pools (combined). The cost to "mothball" a pool is approximately $100,000 per year per pool. This includes heat, chemicals, and minimum required maintenance for equipment and facilities. PROPOSED Develop an aquatic district pursuant to Chapter 198 of the Oregon Revised Statutes with a SOLUTION permanent tax levy that will support the operation of the pools indefinitely for use by the district's residents. This proposal is limited to an aquatic district only; it would not include any other park or recreation types of activities. The required tax levy is currently estimated at $.08/$1,000 to $.10/$1,000 of assessed value, or approximately $24-$30 per year for owners of a $300,000 home. The aquatic district boundary is expected to match the TTSD boundary, which incorporates part or all of the cities of Tigard, Tualatin, Durham, and King City as well as unincorporated areas in Washington and Clackamas counties. These are the same households that are already paying the construction bond for the pools, and the same households that pay in- district fees for pool use. TTSD is a recognized district with the Washington County elections division and property assessment data is available. It is possible that the aquatic district boundary could be established with exceptions to the TTSD boundary in order to incorporate areas of Tigard and Tualatin that are not in the TTSD boundary or to simplify the process by DRAFT: SUBJECT TO REVISION TIGARD-TUALATIN POOLS Preliminary Fact Shut Rev 05/28,/2009 - 2 limiting its scope to one county. Aquatic district boundaries can be changed in future. The aquatic district will be managed by a board of five directors to be elected at-large from residents of the district. The board will negotiate a contract with TTSD that will likely include a long-term lease of the pools from TTSD as well as a provision requiring a certain amount of pool use to be reserved for school activities such as swim classes and high school teams. Funds collected by the tax levy will be managed by the aquatic district board as required by law. The board will hire necessary personnel and pay operating and maintenance costs for the pools as specified in the contract with TTSD. TIMING A special district election that includes a tax levy must occur in May or November of even- numbered years. The requirements to get a measure on the ballot mean the earliest date for this election is May 2010, with funding by July 2010. ORS Chapter 198 requires a citizen-initiated petition or county-initiated formation request. A county-initiated formation request can only occur for a district that is entirely within one county. A citizen-initiated petition requires signatures of at least 15% of the registered voters within the proposed special district, which must be presented to the county for examination before the petition is filed. The petition to form the special district must be filed with Washington County at least 180 days before the election (i.e., by mid-November 2009). Approval by resolution of the City Councils of all four cities is required before a petition to form a special district can be filed with the county. The steering committee for the aquatic district formation has met with the city managers of all four cities. All have indicated their willingness to allow the group to present a resolution to their councils. The steering committee is also engaged in ongoing discussions with the TTSD superintendent to discuss interim pool operations, access, and costs. It is hoped that resolutions from the cities and a tentative agreement with TTSD can be obtained by the end of July 2009. For a citizen-initiated process, a proposed petition and an economic feasibility statement must be submitted to Washington County for approval, after which signatures must be gathered. This is planned for July - September 2009, with final petition and signatures submitted to Washington County in October. CURRENT The date for mothballing one pool is still under discussion; the current proposal is August 2009 STATUS to allow revenue-producing summer programs to continue at both pools. The decision on which pool to close has not been made yet, but any closure will have a dramatic impact on all of the local communities. Because the pools are owned by TTSD, all school programs (including both high schools' competitive swim and water polo teams) will be moved to the remaining pool, which will essentially eliminate community access to either pool. Fundraising and publicity groups for the aquatic district are working to create a political action committee (PAC) and to begin extensive fundralsing activities to fund the election process as well as to supplement operating costs to keep both pools open until tax levy funds are available. MORE http://groups.google.com/group/ttpools INFORMATION DRAFT: SUBJECT TO REVISION Attachment 3 ECONONUC FEASIBILITY STATEMENT For the Proposed Tigard-Tualatin Aquatic District L Introduction Oregon law requires petitioners to file an economic feasibility statement with the county clerk before circulating a petition for the creation of a special district. The economic feasibility statement must contain a description of the services and functions to be performed or provided by the proposed district, an analysis of the relationships between those services and functions and other existing or needed government services, and a proposed first-year line item: operating budget and projected third-year line item operating budget for the new district that demonstrate its economic feasibility. ORS 198.749. II. Background The Tigard-Tualatin School District (TTSD) owns and operates pools at Tigard and Tualatin High Schools (the Aquatic Centers). The Tigard Swing. Center is located at 8680 SW Durham. Rd., Tigard, OR. The Tualatin Swim Center. is located at 22380 SW Boones Ferry Road, Tualatin, OR. The Aquatic Centers were built (and later upgraded) using bond funds that will continue to be paid by TTSD residents through 2016 whether or not the centers remain open. TTSD can no longer afford to operate the Aquatic Centers, which have a combined average net loss of approximately $500,000 - $600,000 per year. Unless alternative funding is found, both Aquatic Centers will be permanently closed. The purpose of the proposed Tigard=Tualatin Aquatic District (TTAD) is to assume responsibility for the operation and management of the Aquatic Centers for the benefit of the local community. If approved by voters, WAD will be funded by a permanent but limited tax levy that will provide a stable funding source for operating the Aquatic Centers. Iu. Description of Proposed Services and Functions of the Tigard-Tualatin Aquatic District The Aquatic Centers currently are used by approximately 500 people per day during the school year and 1000 people per day during the summer. They typically are open 130- 150 hours per week. The function of TTAD would be to manage and operate the Aquatic Centers. The types of services provided by TTAD would be substantially similar to those now provided at the Aquatic Centers and would include the following: School Use (approximately 20% during the school year) • high school aquatic classes (PE) • water polo team practices and games • swim team practices and meets • sports conditioning Community use (approximately 80% during the school year; 100% outside of school hours) • youth swim lessons • fitness and exercise classes • physical therapy • open swim for recreational and family use • lap swim • competitive swim club • water polo club • special-use rentals • scuba training • lifeguard and water safety instruction • law enforcement and water rescue operations • special events (e.g. triathlons; youth parties) N. Analysis of Relationships Between Services to be Provided by Tigard- Tualatin Aquatic District and Other Existing or Needed Government Services The boundaries of TTAD will include territory in the cities of Tigard, Tualatin, King City and Durham. Other than the Aquatic Centers, there are no public swimming pools in these cities. The smattering of private pools do not serve most of the community, are not affordable for many people, may be outdoors (so are unavailable for significant portions of the year), and do not have the capacity to absorb the pool needs currently served by the Aquatic Centers. The services to be provided by TTAD currently are provided by TTSD. However, TTSD has expressed an intent to discontinue long-term funding of the operations of the Aquatic Centers, thus creating the necessity for TTAD. TTSD will continue to own the Aquatic Centers after the formation of TTAD. TTAD will enter into a contract with TTSD that will likely include a long-term lease of the pools from TTSD as well as a provision requiring a certain amount of pool use to be reserved for school activities such as swim classes and high school teams. V. Operating Budgets TTAD will be managed by a board of five unpaid directors elected at-large from residents of the district. Funds collected by a tax levy to be approved by voters will be managed by TTAD's board as required by law. The board will hire necessary personnel and pay operating and maintenance costs for the Aquatic Centers as specified in the contract with TTSD. TTAD's operations will be funded by a permanent tax levy in the probable amount of 9 cents per $1.,000 of assessed value of real property within the district. The district boundary is presumed to be the boundary of TTSD, which incorporates part or all of the cities of Tigard, Tualatin, Durham, and King City as well as unincorporated areas in Washington and Clackamas counties. TTSD is a recognized district with the Washington County election division and property assessment data is available. The projections attached hereto are based on that data. It is possible that the TTAD boundary could be established with exceptions to the TTSD boundary in order to incorporate areas of Tigard or Tualatin that are not in the TTSD boundary or to simplify the process by which TTAD is formed. These potential variations would not have a significant impact on the accompanying projections but could cause a slight variation in the amount of the proposed tax levy. Attached hereto are a ten-year budget forecast, including assumptions on which the budget is based, as well as a year-one and year-three line item operating budget demonstrating the economic viability of TTAD. The budget is based on levying the full amount of 9 cents per $1.,000 of assessed value in the first three years of operation, which will cover expected costs and build a contingency fund for unexpected repair or maintenance costs, and 8 cents per $1,000 of assessed value thereafter. The TTAD board of directors will decide the actual levy amount each year of operation based on actual and anticipated costs for that year. The proposed permanent tax levy for TTAD will not cause the total local government tax rates to exceed those authorized by law. Tigard-Tualatin Aquatics DWet Economic Feasibility Combined Fools RAY 9 Passes tessons Rental Misedoneous Total Revenue M238 31,768 107,E 113,1174 54,335 57,614 22.,%0 23,992 215 25#1 2.147 FaFSSCncf~t3rre~ 5aia d" PERS Cdr Required payrotl Costs Contractual F.mp yee Benefits Total Wages & refits Property 5eivices 1. tines O► her Travel Gutnmur C Non Insftucliona4 Gumumable Supplies Non4onsuraabie Supplies CoMuter hardware Dapmcfabte Assets " Oues and Fees Insurance 287,885 305,417- 31.M 33,875 21,115 22,401 21,115 22,461 661950 71,027 428,995 455,121 176,136 1841.856 16,304) 111,927 1,030 1,093 1,036 1,083 .36,050 38,246 37,695 39,885 12.075 13,e 2,060 2,1415 115,000 107,782 Z060 2.185 30.900 32,782 Total Expenses Fund Surplus /(Deficit) 'fax Assessment Beginning Fund Salome Ending Fund Behwo e Ofaleded Assessed Value Tax Assessment - $.09/14100 yr 1-3 Golleded Tax Assessment 854,925 091,81 (639.OM (6651685) 717,803 676.980 91224 r 308,461 S 31x77 167433 8,356,2..98,123 8.907.632,678 766,657 712,611 717,883 876,9$0 Tigard-Tualatin Pool Budget 10 Year Budget Assumptions 1 _ Revenue grows at a rate of 2.5% per year. 2. Salaries, PERS, SS and other required payroll costs increase at 5%/yr. Contactual employee benefits increase at 10%/yr. 3. Other expense increase on average 3%Iyr. 4. Insurance costs of $15,000 per pool in year one 5. Specific maintenance items per Mice Branam,.$30,000 of annual capital expenditures plus four unknow $75,000 maintenance projects. 6. School district continues to provide accounting and maintenace service in return for use of pools. 7. Assessed value for SD# 23 Tigard-Tualatin grows at a rate of 3% per year. 8. Tax assessment of $.09 per thousand of assessed value, less 6% uncollected. 9. Budgeted FT's as follows: 2 full times employees (same as current) 3 3/4 time employees (will ad 1 to equalize pool programs) 3 912 time employees (same as current) 1 114 time employee (new admin position) Total 6.0 FTE Tigard-Tualatin Aquatics District 10 Year Pro Forma Combined Pools r -2¢1f1 = 267: fns , , ,.20t? . G 3- EN , Y ,_NZ014ey 20a6x Revenue Passes 29,500 30,238 30,993 31,768 32,562 33,377 34,211 35,066 35,943 36,841 Lessons 105,000 107,625 110,316 113,074 115,900 118,798 121,768 124,812 127,932 131,131 Rental 53,500 64,838 56,208 57,614 59,054 60,530 62,044 63,595 65,185 66,814 Miscellaneous 22,000 22,550 23,114 23,692 24,284 24,891 25,513 26,151 26,805 27,475 Total Revenue 210,000 215,250 220,631 226,147 231,801 237,596 243,536 249,624 255,865 262,261 Budgeted FTE's . 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 Expenditures Salades 279,500 293,475 308,149 323,556 339,734 356,721 374,557 393,285 412,949 433,596 PERS 31,000 32,550 34,178 35,886 37,681 39,565 41,543 43,620 45,801 48,091 Social Security 20,500 21,525 22,601 23,731 24,918 26,164 27,472 28,846 30,288 31,802 Other Required Payroll Costs 20,500 21,525 22,601 23,731 24,918 26,164 27,472 28,846 30,288 31,802 Contractual Employee Benefits 65,000, 71,500 78,650 86,515 95,167 104,683 115,151 126,667 139,333 153,267 Total Wages & Benefits 416,500 440,575 466,179 493,420 522,417 553,296 586,195 621,262 658,659 698,558 Property Services Utilities 171,000 176,130 181,414 186,856 192,462 198,236 204,183 210,308 216,618 223,116 Other 10,000 10,300 10,609 10,927 11,255 11,593 11,941 12,299 12,668 13,048 Travel 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 Communication 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 Non Instructional 35,000 36,050 37,132 38,245 39,393 40,575 41,792 43,046 44,337 45,667 Consumable Supplies 36,500 37,595 38,723 39,885 41,081 42,314 43,583 44,890 46,237 47,624 Non-Consumable Supplies 12,500 12,875 13,261 13,659 14,069 14,491 14,926 15,373 15,835 16,310 Computer Hardware 2,000 2,060 2,122 2,185- 2,251 2,319 2,388 2,469 2,534 2,610 Depreciable Assets 100,250 115,900 57,827 107,782 108,765 109,778 110,822 111,896 38,003 294,143 Dues and Fees 2,000 2,080 2,122 2,185 2,251 2,319 2,388 2,460 2,534 2,610 Insurance 30,000 30,900 31,827 32,782 33,765 34,778 35,822 36,896 38,003 39,143 Total Expenses 817,750 866,505 843,337 930,113 969,960 11012,016 1,056,426 1,103,351 1,077,960 1,385,438 Fund Surplus I(Deficit) (607,750) (651,255) (622,705) (703,966) (738,160) (774,420) (812,891) (853,727) (822,095) (1,123,177) Tax Assessment 689,638 710,327 731,637 753,586 776,193 799,479 823,463 848,167 873,612 899,821 Beginning Fund Balance - 81,888 140,960 249,891 299,511 337,544 362,603 373,176 367,617 419,134 Ending Fund Balance 81.888 140,960 249,891 299 511 337,544 362 603 373,176 367,617 419,134 195,778 Projected Assessed Value 8,151,745,750 8,396,298,123 8,848,187,066 8,907,532,678 9,174,861,659 9,450,107,508 9,733,610,734 10,025,619,056 10,326,387,627 10,636,179,256 Tax Assessment -5.0911000yr1-3 733,657 755,667 778,337 801,687 825,738 850,510 876,026 902,306 929,375 957,256 p Collected Tax Assessment 689,638 710,327 731,637 753,586 776,193 799,479 823,463 848,167 873,612 899,821 Tigard-Tualatin Aquatics District 'ill Year Pro Forma Tigard Pool ~~yr{roz~;1;o_.~,~;. st ~._F~2tt~4'1$ ~.;h~ hxasz. s,. ~~;✓;~zpi3.r ~ ~.._kza~ta . ~ - ~zats~~~.,~~ ,~~a€~~s . ; x: ._.._~zo~ar,~Y~ ~ r.;.zat~r;.,... 1~ ~:,t.~ozn.. ; . Revenue Passes 21,200 21,730 22,273 22,830 23,401 23,986 24,586 25,200 25,830 26,476 Lessons 67,000 68,675 70,392 72,152 73,955 75,804 77,699 79,642 81,633 83,574 Rental 40,800 41,820 42,866 43,937 45,036 46,161 47,315 48,498 49,711 50,954 Miseeltaneous 12,000 12,300 12,608 12,923 13,246 13,577 13,916 14,264 14,621 14,986 Total Revenue 141,000 144,525 148,138 151,842 155.638 159,529 163,517 167,605 171,795 176,090 Expenditures Salaries 124,500 130,725 137,261 144,124 151,331 158,897 166,842 175,184 1831943 193,140 PERS 13,000 13,650 14,333 15,049 15,802 16,592 17,421 18,292 19,207 20,167 Social security 9,500 9,975 10,474 10,997 11,547 12,125 12,731 13,367 14,036 14,738 Other Required Payroll Costs 9,000 9,450 9,923 10,419 10,940 11,487 12,061 12,664 13,297 13,962 Contractual Employee Benefits 32,500 35,750 $9,325 43,258 47,583 52,342 57,576 63,333 69,667 76,633 Total Wages & Benefits 188,540 199,550 211,315 223,847 237,202 251,441 266,631 282,841 300,159 318,641 PropertyServtces - - - - - - - Utilities 64,000 65,920 6708 69,935 72,033 74,194 76,419 78,712 81,073 83,505 Other 5,000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 6,334 6,524 Travel 500 515 530 546 563 560 597 615 6,33 652 Communication 500 515 530 546 563 580 597 615 633 652 Non Instructional 15A00 15,450 15,914 161391 16,883 17,389 17,911 18,448 19,002 19,572 Consumable Supplies 17,500 18,025 18,566 19,123 19,696 20,287 20,896 21,523 22,168 22,834 Non-ConsurnabfeSupplies 51000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 6,334 6,524 Computer Hardware 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 Depreciable Assets 45,250 100,450 41,914 15,391 91,883 17,389 17,911 93,448 19,002 19,572 Dues and Fees 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 Insurance 15,000 15,450 15,914 16,391 16,883 17,389 17,911 18,448 19,002 19,572 Total Expenses 358,250 428.235 385,311 376,282 469,211 413,760 433.201 529,408 476,W 500,656 Fund Surplus 1(Deficit) 217,250 283,710 237,172 224,441 313,573 253,632 269,684 361,804 305,069 324,567 Tigard-Tualatin Aquatics District 10 Year Pro Forma Tualatin Pool Revenue Passes Lessons Rentat Miscellaneous Total Revenue Expenditures Salaries P( lRs Social Security Other Required Payroll Casts Contractual Employee Benefits Total Wages & Benefits PropertyServices Utilities Maintenance Travel Communication Non Instructional Consumable Supplies Non-Consumable Supplies Computer Hardware Depreciable Assets Dues and Fees Insurance TOM Expenses Fund Surplus! (Deficit) `49 . s7ti 7 a?20I fir, t_11tT:.:h _ T 1Ut3 ; v _ 5 . ,,201b y < ..52018 t aU34iF;' S r2UY$<.. ; .$1119. _,r. ,i, 202if 8,300 8,508 8,720 8.938 9,162 91391 9,625 9,866 10,113 10,366 38,000 38,950 39,924 40,922 41,945 42,994 44,068 45,170 46,299 47,457 12,700 13,018 13,343 13,677 14,016 14,369 14,728 15,096 15,474 15,861 10,000 10,250 10,506 10,769 11,038 11,314 11,597 11,887 12,184 12,489 69,000 70,725 72,493 74,305 76,163 78,067 80,019 82,09 64,070 86,172 155,000 162,750 170,888 179,432 188,403 197,824 207,715 218,101 229,006 240,456 18,000 18,900 19,845 20,837 21,879 22,973 24,122 25,328 26,594 27,924 11,000 11,550 12,128 12,734 13,371 14,039 14,741 15,478 16,252 17,065 11,500 12,075 12,679 13.313 13,978 14,677 15,411 16,182 16,991 17,840 32,500 35,750 39,325 43,258 47,583 52,342 57,576 63,333 69,667 76,633 228,000 241,025 254,864 269,573 285,215 301,855 319,564 338,421 358,509 379,918 107,000. 110,210 113,516 116,922 120,429 124,042 127,764 131,597 135,544 139,611 5,000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 6,334 6,524 500 515 530 546 563 580 597 615 633 652 500 515 530 546 553 580 597 615 633 652 29,000 20,600 21,218 21,855 22,510 23,185 23,881 24,597 25,335 26,095 19,000 19,570 20,157 20,762 21,385 22.026 22,687 23,368 24,069 24,791 7,500 7,725 7,957 8,195 8,441 8,695 805 9,224 9,501 9,786 11000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 55,000 15,450 15,914 91,391 16,883 92,389 92,911 18,448 19,002 274,572 1,000' 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 15,000 15,450 15,914 16,391 16,883 17,389 17,911 18,448 19,002 19,572 459,500 438270 458,026 553,830 500,750 598,856 623,225 573,942 601,096 884,782 390500 367,545 385,533 479,525 424,58'7) 02(08-81 543,207 491,923 517,Q26 798,610 Capita{ Maintenance Schedule' T< igard Miscellaneous Paint Natitorium Repair Gutters Repair Diving Board Replace Exterior Doors Replace Boys Lockers Unknown 1 Unknown 2 Total Tualatin Miscellaneous Re-plaster Pool Replace Boiler Replace Roof Unknown 1 Unknown 2 Total lffll RAi }~j' f~~ y<SZ ' °~y w.✓.-~+r- "MIN 1Y~y/~■yy'S~ =z~;- RAW) `:.~~O~~M1~~'~~ .~I.V,3F~~<f~ ~ LV"10^aS. -if Y ->l~V rmL4 15,000 15,450 15,914 16,391 15,883 17,389 17,911 18,448 19,002 19,572 85,000 5,000 4,250 21,000 26,000 75,000 75,000 45,250 100,450 41,914 16,391 91,883 17,389 17,911 93,448 19,002 19,572 15,000 15,450 15,914 16,391 16,883 17,389 17,911 18,448 19,002 19,572 75,000 40,000 255,000 75,000 75,000 55,000 15,450 15,914 91,391 16,883 92,389 92,911 18,448 19,002 274,572 Revenue Calculations Si~mrrisi=-ltt.., s httn9r-.:duk . •"Scasoh'.tn ;s: ,5e~son.~uk ~~Yaarl tn~.:Nea7! .>Ovt::$tim;'rt6rin. SLtnmer Ouk ,SBasok[rr t. Season.Qut ,.,,11 V[slf In ,11 Y[slfOtft, ,.-aY~~f1 th;.:._ . Ye~'ri ~Quk Sl~lmnlsrln~~ '9umme?Qtrt%'. Tigard Rate $ 115.00 $ 140.00 $ 90.00 $ 120.00 $ 280.00 $ 350.00 $ 70.00 $ 80.00 $ 60.00 $ 70.00 $ 40.00 $ 50.00 $ 180.00 $ 200.00 $ 70.00 $ 80.00 Number 20 2 6 5 16 2 10 2 44 3 18 4 20 2 10 2 Revenue $ 2 300.00 $ 280.00 $ 540.00 $ 600.00 $4,200.00 $ 700.00 $ 700.00 $ 160.00 $ 2,640.00 $ 210.00 S 720.00 $ 200.00 S 3,600.00 $ 400.00 $ 700.00 $ 160.00 Tualatin Rate $ 115.00 $ 140.00 S 90.00 $ 120.00 $ 280.00 $ 350.00 $ 70.00 S 80.00 $ 60,00 $ 70.00 $ 40.00 $ 50.00 S 180.00 $ 200.00 $ 70.00 $ 80.00 Number 12 2 2 7 13 12 18 1 - Revenue $ 1,380.00 $ $ 180.00 $ $ 560.00 $ $ 490.00 $ $ 780.00 $ $ 480.00 $ $ 3,240.00 $ - S 70.00 $ Sti3derit, , o !.r G sx..C: $9t5 4F aF 9S841IS. p t, sW,SI. ?iAriiit~ as Y3 rftse ln?, S.aaso7i ;lift ~I; frY.e0 In ~ , ;Yearl O.e~t~ '4A VlslY in` 1.1,Visif fluk r, YeaFT r. Itt i G trick._ `Otlt,o Oletriet to t3lstY,fEk `OLf,d1;Q10 stn 011 ,Oiit:' f Etilorld Tigard Rate $ 40.00 $ 50.00 $ 130.00 $ 160.00 $ 30.00 $ 40.00 $ 100.00 $ 48.00 5 63.00 5 50.00 $ 75.00 $ 45.00 $ 75.00 Number 2 2 3 2 24 8 18 1,400 24 2 3 2 3 Revenue $ 80.00 $ 100.00 $ 390.00 S 320.00 $ 720.00 S 320.00 $1,800.00 $ 67,200.00 $ 1.512.00 $ 100.00 $ 225.00 $ 90.00 $ 225.00 Tualatin Rate $ 40.00 $ 50.00 $ 130.00 $ 160.00 $ 30.00 $ 40.00 $ 100.00 $ 48.00 $ 63.00 50.00 $ 75.00 $ 45.00 $ 75.00 Number 1 20 2 5 725 48 Revenue $ 40.00 $ $ $ $ 600.00 $ 80.00 $ 500.00 $34,800-00 $ 3,024.00 $ $ $ $ . =,.;1~1C6'~lill~' .tee ig" ,ti001_ S~i~tJ~iS~ isa.. 4 xcra' ~-,hs -rs?,~t~ <.v=•_rb'" . `,a} s' c-: ti,sr; me 5. ]t, -r _~aW~., 'fir - . .,.a 'yyd gg.rr ;yj~ I f e~ aEX.6C~taaltT.. EitdldTS,e Oiit } i1 zt0T54, 2¢tb7,4 ~2@dt Z5 =,CadritrfetCEaiiGiagdri3anr - °,FSrtIl1 _!>5 < FStn[! Ofit, SAduEt,ift~,' AtUIEOM3t3 ta. ent.n T 14Efsc.: T faE..:-,.' Tigard Rate $ 45.00 $ 60.00 $ 65.00 $ 75.00 $ 90.00 $ 32.50 $ 10.00 $ 8.00 $ 8.00 $ 4.00 $ 5.00 $ 3.00 Number 135 54 4 2 400 10 200 13 1'300 18 3,700 Revenue $ 6,075.00 $ $ 3.510.00 $ 300.00 $ 180.00 $13,000.00 $ 100.00 $ 1,200.00 S 100.00 $ 5,200.00 $ 90.00 $ 11,100.00 $ 20,000.00 $ 152,047.00 Tualatin Rate $ 45.00 $ 60.00 $ 65.00 $ 75.00 $ 90.00 $ 32.50 $ 10.00 $ 6.00 $ 8.00 - $ 4.00 $ 5.00 $ 3100 Number 35 2 54 7 2 - 580 15 1,800 Revenue $ 1,575.00 $ 120.00 $ 3,510.00 $ 525.00 $ $ $ $ 12.00 $ $ 2,320.00 $ 75.00 $ 5,400.00 S 11,500.00 $ 71,261.00 Attachment 4 JO R,_D N SCHRADER RAMIS 1'C ATTORNEYS AT LAW Two Centerpointe Dr Ste 600 Lake Oswego OR 97035 www.jordanschrader,coan LEGAL MEMORANDUM TO: Craig Prosser, City Manager, City of Tigard FROM: Ron Guerra DATE: July 14, 2009 RE: Tigard-Tualatin Aquatic District ("TTAD") File No. 36799 Phone: (503) 598-7070 Toll Free: (888) 598-7070 Fax: (503) 598-7373 At your request we have evaluated and analyzed the documents you provided regarding the request of persons ("Petitioners") seeking to create the Tigard-Tualatin Aquatic District (."TTAD"). The purpose of this analysis was to assist us in answering the questions you posed aid to express a legal opinion regarding the process required to create the TTAD. Our evaluation of the correspondence revealed two basic questions which we understand as: 1. Whether a City that is to be included in a special district formed under ORS 198.705 to ORS 198.755 is required to approve a petition for creation prior to the submission of the petition to the County for approval? Answer: Yes, for the reasons explained below.. 2. Whether the draft resolution for the City, provided by the Petitioners, goes beyond the statutory requirements necessary to show City approval of the petition? Answer: Yes, for the reasons explained below. The Petitioners seek to create a parks and recreation district under ORS Chapter 266 for the limited purpose of managing and operating aquatic centers owned by the Tigard-Tualatin School District. The creation, or formation, of a special district in Oregon is controlled by statute, ORS 198.705 to ORS 198.755. Under the formation provisions of the statute, ORS 198.720(1) provides in relevant part that: 5 0 01 4-3 6 799 Memo Re Petition Z'.4,P41 W7124/2009 JORDAN SCHRADER. RAAM.ZSK ATTONNLYS AT LAW Craig Prosser, City Manager, City of Tigard July 14, 2009 Page 2 "If any part of the territory subject to a petition for formation or annexation is within a city, the petition shall be accompanied by a certified copy of a resolution of the governing body of the city approving the petition." The Petitioner's for the TTAD indicate that a portion of the district to be created will include portions of the City of Tigard. Therefore, the Petitioner's request that the City of Tigard approve the petition by resolution is a necessary step in the process of creation of the TTAD. The formation provisions of ORS 198.750(1)-(3) govern the necessary elements to be included in a petition for creation of a special district. The necessary elements of the petition to create the TTAD are as follows: (1)(a) State that the petition is filed pursuant to ORS 198.705 to 198.955. (1)(b) State the names of all affected districts and all affected counties. (1)(c) Designate the principal Act of each affected district. (1)(d) State the nature of the proposal, whether formation of a district or change of organization and the kind of change proposed.. (1)(e) State whether the territory subject to the petition is inhabited or uninhabited. (1)(f) If the petition is for formation, and district board members are elected, state the number of members on the board. (1)(g) If the petition is for formation, include a proposed permanent rate limit for operating taxes sufficient to support the services and functions described in the economic feasibility statement required by ORS 198.749. A tax rate limit need not be included in the petition if no tax revenues are necessary to support the services and functions described in the economic feasibility statement. The tax rate limit shall be expressed in dollars per thousand dollars of assessed value. The tax rate limit shall be calculated for the latest tax year for which the assessed value of the proposed district is available. (1)(h) Set forth any proposed terms and conditions, if any, to which a proposed formation or change of organization is to be subject. (1)(i) State, or indicate opposite each signature, whether the signers of the petition are landowners within the district or electors registered in the district, or both.. (1)0) Request that proceedings be taken for the formation or change of organization proposed. (2) If the petition proposes formation of a district, the petition shall set forth a description of the boundaries of the territory proposed to be included in the district. If the petition proposes 50014-36799 Memo Re Petition 7TADIkm/712412009 JORDAN SCHRADER RAMISK WS5'OgUYS FT LAW Craig Prosser, City Manager, City of Tigard July 14, 2009 Page 3 annexation or withdrawal of territory, the petition shall set forth a description of the boundaries of the territory to be annexed or withdrawn. (3) If a petition proposes formation of a district, or consolidation or merger of districts, the petition may propose a name for the new district or for the surviving or successor district. A careful review of the draft Petition for the Formation of a Special District reflects that each necessary element is included. Therefore, the petition meets the requirements under the statute. The Petitioners have presented a sufficient petition to the City for its approval. As explained above, ORS 198.720(l) provides that the City need only "approve" the petition. There is no requirement in the statute to advocate or otherwise opine on the merits of the petition. The Petitioners here have submitted a proposed resolution to the City approving the petition. However, the proposed resolution goes beyond merely approving the petition. The language of the recitals advocate in favor of the petition and, by the City adopting this proposed resolution, appears to advocate for the creation of the TTAD. . Whether the City wishes to advocate in favor of the creation of the TTAD is a determination to be made by the City Council. As an alternative to the draft resolution we have prepared a resolution approving the petition pursuant to the statute, which is neutral in its content. ,,,.The City Council should determine which form of resolution to use in this case. 50014-36799 Memo Re Peiflion 7TADlkm1712412009 Attachment 5 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09-- A RESOLUTION OF THE CITY COUNCIL APPROVING THE PETITION PROPOSING THE FORMATION OF A SPECIAL AQUATIC DISTRICT (TIGARD- TUALATIN AQUATIC DISTRICT) WHEREAS, the Tigard-Tualatin School District ("TTSD") has determined that it is not economically feasible for TTSD to operate the aquatic centers at Tigard High School and Tualatin. High School (the Aquatic Centers) on a long-term basis; and WHEREAS, concerned citizens seek the formation of the Tigard-Tualatin Aquatic District ( TTAD"), a special parks and recreation district formed pursuant to Chapter 266 of the Oregon Revised Statutes; and WHEREAS, the concerned citizens have presented a petition for the formation of the TTAD, and the petition conforms to ORS 19$.750(1); NOW THEREFORE, BE IT RESOLVED BY THE Tigard City Council that: SECTION 1: The petition attached as Exhibit A to this resolution is hereby approved. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of , 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard 1ACitrvide\Counci1 Packets\Packet'09\090$11\COT Ties Aquatic Dist Petition ItESOLUTION.doc Exhibit A BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, OREGON [DRAFT] PETITION FOR THE FORMATION OF A SPECIAL DISTRICT (Tigard-Tualatin Aquatic District) Pursuant to ORS 198.705 to 198.755, the signators hereto petition the Washington County Board of Commissioners to initiate proceedings for the formation of a special district to be called the Tigard-Tualatin Aquatic District. The nature of the proposed special district is a parks and recreation district organized under ORS Chapter 266 with the limited purpose of managing and operating the aquatic centers owned by the Tigard-Tualatin School District (TTSD) at Tigard High School and Tualatin High School. The counties affected by the proposed special district are Washington County and Clackamas County. Washington County is the Principal county as defined in ORS 198.705(17). The affected districts and the principal Act of each affected district are as follows: City of Tigard, ORS Chapter 221 City of Tualatin, ORS Chapter 221 City of Durham, ORS Chapter 221 City of King City, ORS Chapter 221 Tigard-Tualatin School District, ORS Chapter 332 The boundary of the proposed special district is the boundary of TTSD as more particularly described in Exhibit A [to be attached in final version of petition]. The territory in the proposed special district is inhabited. The proposed special district will be managed by a five person board of directors to be elected at large by the registered voters within the special district. The proposed permanent tax rate to support the services and functions of the proposed special district in the manner described in the economic feasibility statement required by ORS 198.749 is 9 cents per thousand dollars of assessed value of real property within proposed special district. The formation of the special district is subject to the following terms and conditions: The function of special district will be limited to managing and operating the aquatic centers at Tigard High School and Tualatin High School. a_ Date Date Date [Typed Name], Chief Petitioner [Typed Address] Landowner and registered voter in the proposed special district [Typed Name], Chief Petitioner [Typed Address] Landowner and registered voter in the proposed special district [Typed Name], Chief Petitioner [Typed Address] Landowner and registered voter in the proposed special district " v . yr ec( - 21 [ vl S P PCB kr ~LLY-i Gi L SUPPLEMENTAL INFORMATION ON TIGARD-TUALATIN AQUATIC DISTRICT Cb , t t , ~cj 817109 INTRODUCTION (By-Steering Committee for Tigard-Tualatin Aquatic District This information has been prepared to respond to questions posed by Council on July 27, 2009. First of all, thank you for giving us the opportunity to answer these questions. We very much appreciate the thoughtfulness of the City Council of Tualatin and believe these questions are very important to answer. Although the proposal before Tualatin and its neighbors is just the first step in the process toward consideration by the voters, we understand the need to make sure the Tigard-Tualatin Aquatic District (TTAD) is in strategic alignment with the short term and long term goals of each community and the school district. For the sake of additional clarification, we have attached a short summary of the timeline and process we are required to follow in order to qualify for the ballot (See Attachment 1). 1. DISTRICT FORMATION /ANNEXATION /CONSOLIDATION/ DISSOLUTION QUESTION: What steps could Tualatin take to ensure that formation of the Tigard-Tualatin Aquatic District (TTAD) would not limit or in any way inhibit the City of Tualatin from achieving its goals and implementation of its adopted parks and recreation master plan of providing parks and recreation services, such as a community recreation center with aquatics programs for people of all ages, potentially with funding through the formation of a parks and recreation district? ANSWER (by TTAD Steering Committee): We would like to re-iterate our belief that TTAD will complement, not inhibit, Tualatin's future efforts in the parks and recreation arena. Obviously, we are very strong supporters of recreation opportunities for the citizens of our communities, particularly aquatic recreation. We are excited about the strategic vision articulated by members of the Tualatin City Council and spelled out in its adopted parks and recreation master plan. We hope that voters share our enthusiasm for such a future for Tualatin residents. The TTAD proposal before the Tualatin City Council actually increases the chances that Tualatin's vision will become a reality. The creation of TTAD would not only preserve the ongoing operations of the Tualatin High School pool but also would give the Tualatin City Council the strategic advantage of an additional active core group of strong parks and recreation supporters that likely could assist Tualatin with community outreach and communications. If TTAD is formed, it could work with the Tualatin City Council to address additional needs. Options such as withdrawal, annexation, merger, and dissolution all could be Attachment 2 77 R1 SUPPLEMENTAL INFORMATION ON TIGARD-TUALATIN AQUATIC DISTRICT Page 2 of 6 considered. To be clear, we want TTAD to partner in helping to make Tualatin's vision become a reality. We believe that protecting existing aquatic resources is a good first step. Right now, neither TTAD's modest proposal to operate existing aquatic facilities nor Tualatin's parks and recreation full service vision is a reality. Working together, we have a much better chance of success. If TTAD becomes a reality, we would hope to partner with the Tualatin City Council to help it achieve its goals. ANSWER (by staff): Quick primer on districts • ORS 198, Special Districts Generally, provides laws affecting all districts • ORS 266, Park and Recreation Districts, provides laws affecting park and recreation districts that have an independently elected governing board. The Tualatin Hills Parks and Recreation District is an example. • ORS 451, County Service Facilities, provides laws affecting facilities and services counties may provide through the formation of service districts, including parks and recreation functions, that have the county serving as the governing board. The North Clackamas Park and Recreation District is an example. Two districts formed under ORS 266 serving the same territorv ANSWER (by staft): ORS 198.720(2) generally provides that one district may not perform the same services in the same territory. as another district if; (a) Both districts are formed under the same substantive act, e.g., ORS chapter 266; and (b) The first district is authorized to perform and is performing the services. If the first district withdraws from the territory, either through a simultaneous withdrawal process or an automatic withdrawal, then the second district may perform the service. The proposed district would be formed as a parks and recreation district under ORS chapter 266. If, in the future, the Council wished to pursue creating an ORS 266 parks and recreation district with an aquatic center, ORS 298.720(2) would likely preclude the district from having aquatics. There is disagreement on this point. TTSD attorneys argue that because the proposed district would only operate the two pools at the high schools, a new district could offer aquatics. However, ORS 198.720 talks about performing services, not about the quantity of the services offered. Given that a new pool in a newly created 266 district would directly compete with the existing pools for community use, the existing district could challenge the new district for offering aquatics. The original district could merge or consolidate with the new district or agree to withdraw from the new territory. However, that would be dependent upon the actions of the existing district board and a majority of voters in the district to agree with the merger, consolidation or withdrawal. Attachment 2 2 SUPPLEMENTAL INFORMATION ON TIGARD-TUALATIN AQUATIC DISTRICT Page 3 of 6 One district formed under ORS 266 and a city serving same territorv and_providinp same functions The City would not be precluded from operating an aquatics center as a City function if the district is formed. One district formed under ORW 266 and one formed under ORS 459 serving same territory and providing same functions A county services district created under ORS chapter 451 (the Atfalati model) probably would be able to offer aquatics in that it would not be created under the same principal act. Expanding, Contracting, and Dissolving Districts ORS 198 provides procedures for the merger and consolidation, annexation, withdrawal, and the dissolution of special districts. A majority vote of all the voters of the district is required for most of these processes. 2. OPERATING/CAPITAL BUDGET AND PERMANENT TAX RATE QUESTION: How would the TTAD fund major unplanned capital expenses and/or greater than anticipated operating expenses if the proposed permanent tax rate is not adequate due to compression or any other reason(s)? ANSWER (by TTAD Steering Committee): We carefully reviewed historic operating costs and prepared our 10-year budget with the assistance of the current TTSD Aquatic Director who'has had decades of experience in managing and operating pools in general and these pools in particular. We therefore believe that our budget is less likely to have unanticipated shortfalls than might be expected with a new project. We also used conservative estimates which should leave TTAD with an adequate cushion in the event of budget overruns in a particular category. While there may be unknown repairs, they are not unplanned from a budgetary standpoint. Our capital maintenance schedule (See Attachment 2) anticipates major repairs and also adds significant budget line item amounts ($75,000 during four of the ten years in our projected budget) for unknown items. We intend to create and maintain a contingency fund so that TTAD will have the funds necessary to address expenses as they arise. Our capital maintenance schedule budgets over $100,000 in 2010 and $115,000 in 2011 for repairs and maintenance that may not be required during those years. These funds could be used to address unexpected repairs. In the unlikely event that a very large expense arises during TTAD's early years, TTAD likely could borrow money from TTSD or outside sources, could temporarily close the affected pool; or could take other appropriate action. We intend to address this issue when we negotiate our memorandum of understanding/letter of intent with TTSD. Attachment 2 3 SUPPLEMENTAL INFORMATION ON TIGARD-TUALATIN AQUATIC DISTRICT Page 4 of 6 See Attachment 3 for a revised Economic Feasibility Statement. The changes do not change the amount of the proposed permanent tax rate, but do modify assumptions for salaries/benefits and uncollected taxes. The assumptions have the impact of increasing costs in the out years and funding those costs with projected revenues. The TTAD board of directors will decide the actual levy amount each year of operation based on actual and anticipated costs for that year. 3. TERMS OF LEASE AGREEMENT WITH TIGARD-TUALATIN SCHOOL DISTRICT GOVERNING PUBLIC USE, MAJOR CAPITAL MAINTENANCE, OWNERSHIP, ETC. QUESTION: What are the key terms under which the TTAD would manage and operate the two high school pools owned by the Tigard Tualatin School District (TTSD), and what assurances, such as a memorandum of understanding or a resolution of intent, has the Tigard-Tualatin School District provided of its intention to enter into a such an agreement if/when the TTAD is formed? Examples of key terms include, but are not limited to: ownership of existing and any new or improved facilities/major equipment; lease period if applicable; hours of use by TTAD and/or TTSD and any restrictions; right to make improvements including renovations and expansions onto surrounding property; services provided by and costs to be borne by TTSD; maintenance responsibility; property and liability insurance and indemnification; dispute resolution; termination of agreement). ANSWER (by TTAD Steering Committee): TTSD passed a resolution approving the formation of TTAD at its school board meeting on August 5, 2009. We have not yet had the opportunity to discuss in detail the terms of a memorandum of understanding ("MOU") or letter of intent. We anticipate that a MOU or letter of intent will be signed in the future. We contemplate that its major provisions will include a long-term lease (e.g. 20 years); a nominal annual lease payment by TTAD to TTSD (e.g. $1/year); and the right of TTSD to use the pools for a specified number of hours for school purposes. TTSD likely would provide routine janitorial type maintenance and TTAD would be responsible for pool operations and repair as well as the scheduling of various community activities and day-to-day operations of the pools. See Attachment 4 for a framework for a MOU. TTSD has not reviewed or approved this MOU and the steering committee has not yet finalized the proposal. Attachment 2 4 SUPPLEMENTAL INFORMATION ON TIGARD-TUALATIN AQUATIC DISTRICT Page 5 of 6 4, BOUNDARIES AND SERVICE TO TUALATIN RESIDENTS QUESTION: What would be required to include all of the cities of Tualatin, Tigard, Durham, and King City within the boundaries of the proposed district? If the boundaries do not include all of the current and future incorporated areas of the cities, how will those populations be served? ANSWER (by TTAD Steering Committee): The proposal before the City Council of Tualatin and its neighbors is intended to be the first step in ensuring adequate aquatic recreation opportunities for our citizens. We are very open to the eventual evolution of any boundary expansion (or even constriction) depending upon the strategic opportunities available. In an effort to minimize concerns about this effort given the short timeline by which to qualify for the ballot, we made a determination that the most straightforward approach to qualifying TTAD for the ballot would be to preserve the existing aquatic resources available today to our citizens and maintain current usage boundaries. In order to change approach to include all of the cities of Tualatin, Tigard, Durham and King City within the boundaries of the proposed district, we would have to re-draft the proposal; revise the financial modeling after obtaining additional underlying data with respect to the territory to be added; obtain legal descriptions of the new territory, probably via a formal survey; and return to each individual city for approval to move forward on signature gathering to qualify for the ballot. Simply put, starting over means that our opportunity to present our proposal to the voters will effectively be lost and it is likely that the pools will be mothballed or closed unless a different funding option emerges. If the TTAD proposal qualifies for the ballot and if voters approve its creation, we would strongly support building upon the existing foundation by forming a workgroup to review and assess future consideration of incorporating all of the cities of Tualatin, Tigard, Durham and King City. Such a workgroup would not be burdened by such short timelines. In the meantime, your two-part question raises the point that all populations will still continue to be served by the TTAD, whether or not they are within TTAD boundaries. No change to the public in terms of fee structure is envisioned. Today, residents within the TTSD boundaries using the aquatic facilities pay a nominal fee since a portion of their property tax base already goes to pay the pools' operation and maintenance. Residents outside the TTSD boundaries today pay a slightly higher fee for pool usage because their property tax base does not account for the operation and maintenance of the aquatic facilities. For instance, a season pass currently costs an in district adult $85 and an out-of- district adult $95. A similar fee structure is anticipated under TTAD. All Tualatin residents will continue to have access to the Tualatin pool, whether or not they reside within the boundaries of TTAD. Attachment 2 5 SUPPLEMENTAL INFORMATION ON TIGARD-TUALATIN AQUATIC DISTRICT Page 6 of 6 ATTACHMENTS 1. Process Steps for Aquatic District with Dates 2. Capital Maintenance Schedule 3. Revised Pools - Economic Feasibility Statement 4. Draft Memorandum of Understanding Between TTAD and TTSD 5. Correspondence from interested citizens M:1Electionsl200912009 TTSD Aquatics DistrictOuthorizations4Reso Consenting Annexation - ElectioM2009-8-10t&pplemental Information4Pools - Supplemental Information on Tigard - Tualatin Aquatics District 2009-8-7 (3).doc 8!7/2009 4 s Attachment 2 6 ATTACHMENT I Calendar for Aquatic District SSH = Susan Stark Hayden PG = Pam Griffith CC = Cheryl Coupe KS = Kathy Stallkamp PM =Paul Meade DA =Debbie Arizala JS =Jean Snyder EK =Ellen Kaeding Month Day Item Name Complete Jul 1 Write prospective petition to form district PG, SSH, KS, CC 711 21 Tigard City Council meeting PG 7121 27 Tualatin City Council meeting KS, PG, DA 7127 28 Obtain resolution from Durham City Council PG, PM 7128 Aug 3-7 Finalize survey questions, launch survey SSH, KS, CC, PG 3 Draft prospective MOU with TTSD and submit for review PG, SSH, CC 815 4 Attend Wa. Co. commissioner meeting re: Bull Mtn services KS 814 5 Write ballot measure title and wording PG, SSH, KS, CC 5 King City City Council meeting/ obtain resolution KS, CC 815 5 Attend TTSD school board meeting, discuss MOU PG 815 7 Tualatin Commons booth Event 7 Grocery Outlet booth Event 7 Obtain legal boundary description SSH 7-14 Conduct signature gathering training DA, JS, EK 7-8 Tualatin Crawfish Festival EK 8 Bake/drink sale at Oregon Tri€ecta Skate Board event (@ Tigard Skate Park EK 10 Finalize economic feasibility statement PM 10 Obtain resolution from Tualatin KS, CC, PG 11 Obtain resolution from Tigard KS, CC, PG 12 Finalize MOU with TTSD PG, CC, KS, SSH 12 Submit prospective petition to We. Co. for approval along with feasibility statement, boundary description, and approved resolutions from all cities. DA, JS 14 Tualatin Commons booth Event 10 Analyze survey results SSH 15 Community Pool Party event Event 16 Fund Run Bridging the Gap Event 17 Receive approval from Wa. Co. to collect signatures DA 17-31 Gather signatures is 21 Tualatin Commons booth Event 28 Tualatin Commons booth Event Sept 1-11 Continue gathering signatures DA, JS, EK 6 Tigard Farmer's Market booth Event 14?? Submit final petition, signatures, boundary, feasibility statement, resolutions, bond or cash to Wa. Co. DA, JS Hearing notices for petition 19 Wine 'n for Water event Event 27 Splash and Dash event Event Oct 14-31 Hearing (30-50 days after filing) ? Final hearing Nov 18 Last date to obtain Clackamas Co, approval to proceed -180 days before election CC, PG Future Identify 5 board candidates File candidate election intents Publicity for campaign May 18 Election Attachment 2 7 ATTACHMENT 2 Capital Maintenance Schedule 2013 2011 2012 2013 2014 2015 2018 2018 2019 2020 Tigard Miscellaneous 15,000 15,450 15,914 16,391 16,883 17,389 17,911 18,448 19,002 19,572 Paint Natitorium 85,000 Repair Gutters 5,000 Repair Diving Board 4,250 Replace Exterior Doors 21,000 Replace Boys Lockers 26,000 Unknown 1 75,000 Unknown 2 75,3740 Total 45,254 100,450 41,914 16,391 91,883 17,389 17,911 93,448 19.002 19,572 Tualatin Miscellaneous 15,004 15,450 15,914 16,391 16,883 17,389 17,911 18,448 19,002 19,572 Re-plaster Pool 75,000 Replace Boiler 40,004 Replace Roof 255,004 Unknown 1 75,444 Unknown 2 75,004 Total 55,000 15,450 15,914 91,391 16,883 92,389 92,911 18,448 19,002 274.572 Attar:hment 2 8 ATTACHMENT 3 ECONOMIC FEASIBILITY STATEMENT For the Proposed Tigard-Tualatin Aquatic District Introduction Oregon law requires petitioners to file an economic feasibility statement with the county clerk before circulating a petition for the creation of a special district. The economic feasibility statement must contain a description of the services and functions to be performed or provided by the proposed district, an analysis of the relationships between those services and functions and other existing or needed government services, and a proposed first-year line item operating budget and projected third-year line item operating budget for the new district that demonstrate its economic feasibility. ORS 198.749. II. Background The Tigard-Tualatin School District (TTSD) owns and operates pools at Tigard and Tualatin High Schools (the Aquatic Centers). The Tigard Swim Center is located at 8680 SW Durham Rd., Tigard, OR. The Tualatin Swim Center is located at 22380 SW Boones. Ferry Road, Tualatin, OR. The Aquatic Centers were built (and later upgraded) using bond funds that will continue to be paid by TTSD residents through 2016 whether or not the centers remain open. TTSD can no longer afford to operate the Aquatic Centers, which have a combined average net loss of approximately $500,000 - $600,000 per year. Unless alternative funding is found, both Aquatic Centers will be permanently closed. The purpose of the proposed Tigard-Tualatin Aquatic District (TTAD) is to assume responsibility for the operation and management of the Aquatic Centers for the benefit of the local community. If approved by voters, TTAD will be funded by a permanent but limited tax levy that will provide a stable funding source for operating the Aquatic Centers. III. Description of Proposed Services and Functions of the Tigard.-Tualatin Aquatic District The Aquatic Centers currently are used by approximately 500 people per day during the school year and 1000 people per day during the summer. They typically are open 130- 150 hours per week. The function of TTAD would be to manage and operate the Aquatic Centers. The types of services provided by TTAD would be substantially similar to those now provided at the Aquatic Centers and would include the following: Attachment 2 9 School Use (approximately 20% during the school year) • high school aquatic classes (PE) • water polo team practices and games • swim team practices and meets • sports conditioning Community Use (approximately 80% during the school year; 100% outside of school hours) • youth swim lessons • fitness and exercise classes • physical therapy • open swim for recreational and family use • lap swim • competitive swim club • water polo club • special-use rentals • scuba training • lifeguard and water safety instruction • law enforcement and water rescue operations • special events (e.g. triathlons; youth parties) IV. Analysis of Relationships Between Services to be Provided by Tigard- Tualatin Aquatic District and Other Existing or Needed Government Services The boundaries of TTAD will include territory in the cities of Tigard, Tualatin, King City and Durham. Other than the Aquatic Centers, there are no public swimming pools in these cities. The smattering of private pools do not serve most of the community, are not affordable for many people, may be outdoors (so are unavailable for significant portions of the year), and do not have the capacity to absorb the pool needs currently served by the Aquatic Centers. The services to be provided by TTAD currently are provided by TTSD. However, TTSD has expressed intent to discontinue long-term funding of the operations of the Aquatic Centers, thus creating the necessity for TTAD. TTSD will continue to own the Aquatic Centers after the formation of TTAD. TTAD will enter into a contract with TTSD that will likely include a longterm lease of the pools from TTSD as well as a provision requiring a certain amount of pool use to be reserved for school activities such as swim classes and high school teams. Attachment 2 10 V. Operating Budgets TTAD will be managed by a board of five unpaid directors elected at-large from residents of the district. Funds collected by a tax levy to be approved by voters will be managed by TTAD's board as required by law. The board will hire necessary personnel and pay operating and maintenance costs for the Aquatic Centers as specified in the contract with TTSD. TTAD's operations will be funded by a permanent tax levy in the probable amount of 9 cents per $1,000 of assessed value of real property within the district. The district boundary is presumed to be the boundary of TTSD, which incorporates part or all of the cities of Tigard, Tualatin, Durham, and King City as well as unincorporated areas in Washington and Clackamas counties. TTSD is a recognized district with the Washington County election division and property assessment data is available. The projections attached hereto are based on that data. Attached hereto are a ten-year budget forecast, including assumptions on which the budget is based, as well as a year-one and year-three line item operating budget demonstrating the economic viability of TTAD. The budget is based on levying up to the frill amount of 9 cents per $1,000 of assessed value in each year. The TTAD board of directors will decide the actual levy amount each year of operation based on actual and anticipated costs for that year. The proposed permanent tax levy for TTAD will not cause the total local government tax rates to exceed those authorized by law. The compression loss amounts for the affected cities are: Tualatin 3.50 Tigard 3.56 King City none Durham none Revised $/6/09 Attachment 2 11 Tigard-Tualatin Pool Budget 10 Year Budget Assumptions 1. Revenue grows at a rate of 2.5% per year. 2. Salaries, PIERS, SS and other required payroll costs increase at 5%lyr. Contactual employee benefits increase at 10%lyr. 3. Other expense increase on average 3%/yr. 4. Insurance costs of $15,000 per pool in year one 5. Specific maintenance items per Mike Branam, $30,000 of annual capital expenditures plus four unknow $75,000 maintenance projects. 6. School district continues to provide accounting and maintenace service in return for use of pools. 7. Assessed value for SD# 23 Tigard-Tualatin grows at a rate of 3% per year. 8. Tax assessment of $.09 per thousand of assessed value, less 6% uncollected. 9. Budgeted FTEs as follows: 2 full times employees (same as current) 3 314 time employees (will add 1 to equalize pool programs) 3 112 time employees (same as current) 1 114 time employee (new admin position) Total 6.0 FTE Attachment 2 12 Tigard-Tualatin Aquatics District Economic Feasibility Combined Pools 2011 20'13 Revenue Passes 30,238 31,768 Lessons 107,625 113,074 Rental 54,838 57,614 Miscellaneous 22,550 23,692 Total Revenue 215,250 226,147 Expenditures Salaries 293,475 323,556 PERS 32,550 35,886 Social Security 21,525 23,731 Other Required Payroll Costs 21,525 23,731 Contractual Employee Benefits 71,500 86,515 Total Wages & Benefits 440,575 493,420 Property Services - Utilities 176,130 186,856 Other 10,300 10,927 Travel 1,030 1,093 Communication 1,030 1,093 Non Instructional 36,050 38,245 Consumable Supplies 37,595 39,885 Non-Consumable Supplies 12,875 13,659 Computer Hardware 2,060 2,185 Depreciable Assets 115,900 107,782 Dues and Fees 2,060 2,185 Insurance 30,900 32,782 Total Expenses 866,505 930.113 Fund Surplus !(Deficit) (651,255) (703,966) Tax Assessment 710,327 753,586 Beginning Fund Balance 81,888 249,891 Ending Fund Balance 140,960 299,511 Projected Assessed Value 8,396,298,123 8,907,632,678 Tax Assessment - $.0911000 755,667 801,687 Collected Tax Assessment 710,327 753,586 Attachment 2 13 Tigard-Tualatin Aquatics District 10 Year Pro Forma Combined Pools 2010 2011 2012 2013 2010 2015 2016 2016 2019 2020 Revenue Passes 29,500 30,238 30,993 31,768 32,562 33,377 34,211 35,056 35,943 36,941 Lessens 105,000 107,625 110,316 113,074 115,900 116,798 121,768 124,812 127,932 131,131 Rental 53,500 54,638 56,208 57,614 59,054 60,530 62,044 63,595 65,185 66,814 Miscellaneous 22,000 22,550 23,114 23,692 24,284 24,891 25,513 26,151 26,805 27,475 Total Revenue 210,000 215,256 220,631 226,147 231.801 237.596 243,636 249.624 255,865 262,261 Budrleted FTEs 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 Ex endltures Salaries PL5RS 279,500 293,475 306,149 323,555 339,734 356,721 374,557 393,285 412,949 433,596 31,000 32,550 34,178 35,8a6 37,681 39,565 41,543 43,620 45,801 48.091 Social Security 20,500 21,525 22,601 23,731 24,916 26,164 27,472 28,646 30,288 31,802 Other Required Payroll Casts 20,500 21,525 22,601 23,731 24,918 26,164 27,472 2a,646 30,206 31 802 Contractual Employee Benefits 65,000 71,500 78,650 86,515 95,167 104,663 115,151 126,667 139,333 , 153,267 Total Wages & Benefit, 416,500 440,575 466,179 493,420 522,417 553,296 566,195 621,262 658,659 690.558 Property Services Utilities 171,000 176,130 181,414 196,856 192,462 198,236 204,183 210,306 216,618 223,116 Other 10,000 10,300 10,609 10,927 11,255 11,593 11,941 12,299 12,666 13 048 Travel 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 , 1 305 Communication 1,000 1,030 1,061 1,093 1,125 1,159 1,194 1,230 1,267 , 1 305 Nan lnstruc9onal 35,000 36,050 37,132 30,245 39,393 40,575 41,792 43,046 44,337 , 45 667 Consumable Supplies 36,500 37,595 36,723 39,885 41,061 42,314 43,583 44,890 46,237 , 47,624 Non-Consumable Supplies 12,500 12,875 13,261 13,659 14,069 14,491 14,926 15,373 15 835 16 310 Ccmputer Hardware 2,800 2,060 2,122 2,105 2,251 2,319 2,350 2,460 , 2,534 , 2 610 Depreciable Assets 100,250 115,900 57,827 107,702 108,765 109,778 110,522 111,996 36,003 , 294 143 Dues and Fees 2,000 2,060 2,122 2,185 2,251 2,319 2,368 2,460 2,534 , 2 610 Insurance 30,000 30,900 31,027 32,782 33,765 34,778 35,622 36,895 38,003 , 39,143 Total Expenses 817,750 866,505 843,337 930,113 969,960 1,012.016 1 856 426 1,103,351 1.077.960 1 .385,436 Fund Surplus /(Defiicit) (607,750) (651,255) (622,705) (703,966) (730,160} (774,420) (012,891) (853,727} (822,095) (1,123,177) Tax Assorsmenl 689,638 710,327 731,637 753,586 776,193 799,479 823,463 848,167 073,612 099,821 Beginning Fund Balance 81,880 140.960 249,691 299,511 337,544 362.603 373,176 367,617 419,134 Ending Fund Balance 81,088 140,960 249,891 299.511 337,544 362,603 373,176 367,617 419,134 195.778 Projected Assessed Value Tax Assessment - 5,0911060 Collected Tax Assessment 8,151,745,750 8,396,290,123 733.657 755,667 699,638 710,327 6,648,167,066 8,907,632,678 9.174,661.659 9,450,107,508 9,733,610,734 10,025,619,056 10,326,357,627 778,337 601,687 825,738 850,510 876,025 902,306 929,375 731,637 753,586 776,193 799,479 823,463 848,167 873,612 10,636,179,256 957,256 899,821 Attachment 2 14 Tigard-Tualatin Aquatics District 10 Year Pro Forma Tigard Pool 2010 2011 2012 2013 2010 2015 2016 2019 2014 2020 Revenue Passes 21,200 21,730 22,273 22,830 23,401 23,906 24,586 25,200 25,830 26,476 Lessons 67,000 69,675 70,392 72,152 73,955 75,804 77,699 79,642 81,633 83,674 Rental 40,800 41,820 42,656 43,937 45,036 46,161 47,315 48,498 49,711 50,954 Miscellaneous 12,000 12,300 12,606 12,923 13,246 13,577 13,916 14,264 14,621 14,986 Tolak Revenue 141,000 144,525 148.136 151,842 155,638 159,529 163.517 167,505 171,795 176,090 Expenditures Salaries 124,500 130,725 137,761 144,124 151,331 158,897 166,842 175,184 183,943 193,140 PERS 13,000 13,650 14,333 15,049 15,802 16,592 17,421 18,292 19,207 20,167 Social Security 9,5110 9,975 10,474 10,997 11,547 12,125 12,731 13,367 14,036 14,738 Other Required Payroll Costs 9,1100 9,450 9,923 10,419 10,940 11,467 12,061 12.664 13,297 13,962 Contractual Employee Benefits 32,500 35,750 39,325 43,258 47,593 52,342 57,576 63,333 69,667 76,633 Total Wages 8 Benefits 188,500 199,550 211,315 223,847 237,202 251,441 266,631 282,641 300,150 318,641 Property Services - - - - - - Utilities 64,060 65,920 67,898 69.935 72,033 74,194 76,419 76,712 81,073 63,505 Other 5,000 5,150 5,305 5,464 5,626 5,795 5,970 6,149 6,334 6,524 Travel 500 515 530 546 563 580 597 615 633 652 Communication 500 515 530 546 563 580 597 615 633 652 Non Instructional 15,000 15,450 15,914 16,391 16,683 17,389 17,911 16,448 19,002 19,572 Consumable Supplies 17,500 18,025 1B,566 19,123 19,696 20,2B7 20,896 21,523 22,168 22,834 Non-Consumable Supplies 5,000 5,150 5,305 5,464 5,626 5,795 5,970 6,149 6,334 6,524 Computer Hardware 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 Depreciable Assets 45,250 100,450 41,914 16,391 91,663 17,369 17,911 93,448 19,002 19,572 Dues and Fees 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 Insurance 15,000 15,450 15,914 16,391 16,803 17,368 17,911 16,445 19,002 19,572 Total Expenses 358.250 428,235 385,311 376,282 469,211 413,160 433,201 529,400 476,864 500,656 Fund Surplus 1 (Deficit) (217,250) {283,710) (237.172) {224,441} ^ (313,573) (253,6321 (269,604) (361,804) (305,069) (324.567) Attachment 2 15 Tigard-Tualatin Aquatics District 10 Year Pro Forma Tualatin Pool 2616 2011 2012 2013 2014 2015 2016 2016 2019 2020 Revenue Passes 8,300 8,508 6,720 8,936 9,162 9,391 9,625 9,866 10,113 10,366 Lessons 38,000 38,950 39,924 40,922 41,945 42,994 44,068 45,170 46,299 47,457 Rental 12,700 13,018 13,343 13,677 14,018 14,369 14,728 15,096 15,474 15,661 Miscallaneous 10,000 10,250 10,506 10,769 11,038 11,314 11,597 11,867 12,184 12,489 Total Revenue 69,000 70,725 72,493 74,305 76,163 76,067 80,019 62 019 84.070 86,172 Expenditures Salaries 155,000 162,750 170,888 179,432 168,403 197,824 207,715 218,101 229,006 240,456 PERS 18,000 18,9{)0 19,845 20,837 21,879 22,973 24,122 25,328 26,594 27,924 Social Security 11,000 11,550 12,126 12,734 13,371 14,039 14,741 15,478 16,252 17,065 OthFr Required Payroll Costs 11,500 12,075 12,679 13,313 13,978 14,677 15,411 16,182 16,991 17,840 Contractual Employee Benefits 32,500 35,750 39,325 43,256 47,583 52,342 57,576 63,333 69,667 76,633 Total Wages & Benefit, 228,000 241,025 254,864 269,573 285,215 391,855 319,564 338,421 358,509 379,918 Property Services _ - - _ Utilities 107,000 110,210 113,516 116,922 120,429 124,042 127,764 131,597 135,544 139,611 Maintenance 5,000 5,150 5,305 5,464 5,626 5,796 5,970 6,149 6,334 6,524 Travel 500 515 530 546 563 580 597 615 633 652 Communication 500 515 530 546 563 580 597 615 633 652 Non Instructional 20,000 20,600 21,218 21,855 22,510 23,185 23,881 24,597 25,335 26,095 Consumable Supplies 19,000 19,570 20,157 20,762 21,385 22,026 22,687 23,368 24,069 24,791 Non-Consumable Supplies 7,500 7,725 7,957 8.195 8,441 8,695 8,955 9,224 9,501 9 786 Computer Hardware 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 , 1,305 Depreciable A,snts 55,000 15,456 15,914 91,391 16,853 92,389 92,911 18,448 19,002 274,572 Duos and Fees 1,000 1,030 1,051 1,093 1,126 1,159 1,194 1,230 1,267 1,305 Insurance 15,000 15,450 15,974 16,391 16,883 17,389 17,911 18,446 19,002 19,572 Total Expenses 459,500 439,270 456,026 553,830 500,750 598 B56 623.225 573.942 1501,096 604.782 Fund Surplus I(Defcit) 390,500) 367,545 (385,533 (479,525) 424,5871 520,7891 543,207) 491.923y 517,026) (798,610) Attachment 2 16 Capital Maintenance Schedule Tigard Miscellaneous Paint Natitorium -Repair Gutters Repair Diving Board Replace Exterior Doors Replace Boys Lockers Unknowns Unknown 2 Total Tualatin Miscellaneous Re-plaster Pool Replace Boiler Replace Roof Unknowns Unknown 2 Total 2010 2019 2012 2013 2094 2015 2016 2018 2019 2020 15,000 15,450 15,914 16,391 16,883 17,389 17,911 18,448 19,002 19,572 B5,000 5,000 4,250 21,000 26,000 75,000 75,000 45,250 100,450 41,914 16,391 91,883 17,389 17,911 93,448 19,002 19,572 15,000 15,450 15,914 16,391 16,883 17,389 17,911 18,448 19,002 19,572 75,000 40,000 - 255,000 75,000 75,000 55,000 15,450 15,914 91,391 16,883 92,389 92,911 18,448 19,002 274,572 Attachment 2 17 ATTACHMENT 4 MEMORANDUM OF UNDERSTANDING Between Tigard-Tualatin School District ("TTSD") And Steering Committee for Formation of Tigard-Tualatin Aquatic District (`TTAD") Recitals I. TTSD has determined that it is not economically feasible for TTSD to operate the aquatic centers at Tigard High School and Tualatin High School ("the Aquatic Centers"). 2. Concerned citizens seek the formation of TTAD, as a special parks and recreation district, pursuant to Chapter 266 of the Oregon Revised Statutes for the purpose of operating the Aquatic Centers. If approved by the affected cities, counties, and voters, TTAD would be formed as of July 1, 2010. Centers. TTSD and TTAD will need to enter into a long-term lease of the Aquatic 4. The purpose of this Memorandum of Understanding ("MOU") is to guide the parties in determining the terms of the lease between TTSD and TTAD and to specify the understanding of the parties with respect to interim operations of the Aquatic Centers during the period before TTAD is formed and funded. 5. The parties recognize that the terms of the MOU are not binding on TTSD, steering committee members or the yet to be formed TTAD Section 1: Draft Major Lease Provisions I Description of Premises. The premises leased are the Aquatic Center buildings and adjacent grounds including the pools, locker rooms, classrooms, offices, and all associated real and personal property. 2 Duration. The lease shall initially be for twenty (20) years and shall be renewable for 10-year increments thereafter by the mutual consent of the parties. 3 Lease Amount. The lease amount shall be one dollar per year. 4 Use of Premises 4.1. _Use-by TTSD. TTSD shall have use of the Aquatic Centers as follows: 4.1.1 High School Corn etitive Programs. TTSD shall have the right to use each Aquatic Center for up to 2.5 hours per day for high Attachment 2 18 school competitive team practices and, subject to paragraph 4.3 below regarding scheduling, for up to 4 hours per day for high school team meets or games. 4.1.2 School Instructional Program. Subject to paragraph 4.3 below regarding scheduling, TTSD shall have the right to use of the Aquatic Centers for up to three (3)? hours per day, Monday through Friday, while school is in regular session, for school instructional programs. 4.1.3 Other Uses. TTSD may use the Aquatic Centers for other purposes upon consent of TTAD. 4.2 Use by TTAD. TTAD shall have use of the Aquatic Centers at all times that the Aquatic Centers are not in use by TTSD. In addition, TTAD may use portions of Aquatic Centers at the same time as TTSD provided that the use is not incompatible. 4.3 Scheduling. 4.3.1 Schedule of Activities. Designees of TTSD and TTAD shall meet to jointly establish a written annual Schedule of Activities. The Schedule of Activities shall set forth specific dates, times, and types of TTSD and community activities to occur at the Aquatic Centers. This schedule shall be reviewed quarterly and updated as necessary. 4.3.2 Cooperation in Scheduling. and TTAD shall attempt to schedule activities such as to minimize disruption to the other's activities and events. 4.4 Conditions Regarding Use. TTSD and TTAD shall ensure that adequate personnel are present at all times of their respective use of the Aquatic Centers to ensure participants' safety. TTSD and TTAD are responsible for providing all necessary lifeguards, supervisory personnel and instructors during their use of the Aquatic Centers. All lifeguards, supervisory personnel, teachers, and coaches shall maintain appropriate licenses and certifications. 4.5 Rules and Regulations. TTAD shall establish rules and regulations regarding use of the Aquatic Centers. These rules and regulations must be followed by all people using the Aquatic Centers, including TTSD employees and participants. 5 Operations. TTAD shall be responsible for the following operational duties and expenses: 5.1 Conducting community swimming activities and programs. Attachment 2 19 5.2. Coordinating with local clubs, organizations, and others for pool access. 5.3 Hiring and managing TTAD personnel. 5.4 Establishing and collecting fees for use of the facilities. 5.5 Monitoring and maintaining water quality, including vacuuming the pool tanks. 5.6 Providing accounting services and completing required financial reports and audits. 5.7 Satisfying all required inspections, subject to TTSD's maintenance obligations described in paragraph 6.1 below. 6 Maintenance, Supplies, and Repairs. 6.1 Routine Maintenance. TTSD shall be responsible for the routine maintenance of the Aquatic Centers including backwashing and maintaining filtration systems, landscape, janitorial services, toilets, restrooms, sidewalks, light replacement, and garbage. 6.2 Minor Repairs and Maintenance. TTSD shall be responsible for minor repairs and maintenance including, but not limited to those associated with pumps, pump replacement, electrical systems, HVAC and programming, security and fire alarm systems, and plumbing. TTAD will purchase associated parts. 6.3. Utilities. TTSD shall be responsible for the payment of sewer and water usage associated with the Aquatic Centers. TTAD shall be responsible for telephone, electrical, and heating costs. 6.4 Supplies. TTSD shall grant TTAD the right to use existing supplies and equipment for the purpose of operating the Aquatic Centers. TTSD shall provide ongoing supplies associated with routine maintenance (e.g. toilet paper, paper towels, hand soap, trash bags, cleaning supplies, and light bulbs). TTAD shall provide all other supplies. 6.5 Computers. TTSD shall grant TTAD the right to use existing computers and associated equipment. TTAD will pay for new computers and associated equipment. TTSD will provide computer tech support for the computer equipment at least until the equipment is replaced by TTAD. 7 Capital Repairs and Improvements. Attachment 2 20 7.1 Replacement of Capital Equipment. Subject to the provisions of paragraph G above and paragraph 7.4 below, TTAD shall be responsible for the replacement, as needed, of capital equipment, including but not limited to boilers, chlorinators, and heaters. 7.2 Structural Improvements and Repairs. Subject to the provisions of paragraph 7.4 below, TTAD shall be responsible for structural improvements to buildings and major repairs or replacements of part or all of plumbing, electrical and mechanical systems serving the Aquatic Centers. 7.3 Contingency Fund. TTAD shall establish a contingency fund for major repairs or improvements to the property. 7.4 TTSD Assistance with Repairs and Improvements. In the event that the funds in the contingency fund are insufficient to pay the cost of a necessary repair or improvement, TTSD, upon request, shall loan TTAD sufficient funds to make the improvement or shall itself make the necessary repair or improvement. However, nothing in this paragraph prohibits TTAD or TTSD from implementing another method of accomplishing the improvement or repair. 7.5 Capital Improvements. TTAD may make capital improvements to the Aquatic Centers at its cost, however TTSD has the absolute right of pre-approval of any such capital improvements, modifications, or proposed major changes to the Aquatic Centers and adjacent grounds. 8 Right of First Offer. H TTSD desires to sell all or any portion of the Aquatic Centers during the term of the lease, TTAD shall have a right of first offer to purchase the property at a price equal to its fair market value less the fair market value of capital improvements made at TTAD's expense to the portion of the Aquatic Center to be sold. [Add section on assignment of lease possibly here or after section 13 to the effect that TTSD can assign lease with TTAD's approval] 9 Parking Lot Use. 9.1 License to Use Parking Lots. TTSD shall grant to TTAD a license to use parking spaces in TTSD parking lots adjacent to the Aquatic Centers. 9.2 Maintenance of Parking Lots. TTSD shall be responsible for maintaining the parking lots and enforcing parking rules and regulations. 10. Insurance. 10.1 TTSD Insurance. TTSD shall maintain the following insurance, in commercially reasonable amounts: 1) All property risk damage insurance including fire, natural disaster, vandalism, and other property damage; 2) Attachment 2 21 Insurance covering losses to the Aquatic Centers resulting from boiler operations and explosions 3) Workers compensation insurance with respect to TTSD employees who provide services at the Aquatic Centers. TTSD shall use the proceeds from any insurance payment to replace, repair or otherwise remediate the damage which resulted in the insurance recovery. 10.2 TTAD Insurance. TTAD shall maintain the following insurance, in commercially reasonable amounts: 1) General liability insurance for the Aquatic Centers with a coverage amount of at least $1 million which names TTSD as an additional named insured; 2) Workers compensation insurance with respect to TTAD employees. 11. Indemnification. To the extent permitted by law, each party shall indemnify the other against any liability for damage to life or property arising from the indemnitor's occupancy or use of the Aquatic Centers; provided, however, that neither party shall be required to indemnify the other for any liability arising out of the negligent acts of the employees or agents of the other. 12. Resolution of Disputes. TTSD and TTAD shall attempt to resolve all disputes through staff discussions and, if necessary, other personnel. Disputes unresolved in this matter shall be submitted to a mutually acceptable mediator. If mediation is unsuccessful, either TTSD or TTAD may attempt to resolve the dispute in any legally permissible manner, including litigation. 13. Termination of Lease. Neither party may terminate the lease for breach by the other party without first providing the other party written notice of the specific nature of the alleged breach and a reasonable opportunity to cure the breach. A reasonable opportunity to cure the breach shall be 30 days or such other lesser or greater time as is appropriate given the nature of the breach and the time necessary to cure it. [add boilerplate provisions re whole agreement, applicable law, etc.] Section 2: Draft Provisions Regarding Interim Funding and Operations I._ No Permanent Closure Pending TTAD Formation. TTSD will not permanently close either of the Aquatic Centers pending the TTAD formation process. 2. Assistance in Formation Process. TTSD will provide monetary and other support in connection with the effort to form TTAD. Such support may include, but is not limited to, deposits necessary to form a special district ($7500); costs associated with placing a measure to form TTAD on the ballot; costs for a voter survey; and costs necessary to define TTAD's legal boundary. 3. Assistance in Interim Funding Pending Receipt of Tax Levy. If TTAD is approved by voters, TTSD will assist TTAD in covering its operating costs during the period between its formation and its receipt of fluids from the tax levy. Attachment 2 22 4. Assistance in Maintaining, Continuity of Operations Pending Election. Pending the TTAD formation process, TTSD will attempt to minimize the disruption that could be caused by temporarily mothballing one or both pools. Among other things, TTSD will consider input regarding the timing of any proposed mothballing and will consider keeping the pools open for a longer than planned period if additional money is received to help fund their operations. , Attachment 2 23 ATTACHMENT 5 CORRESPONDENCE FROM INTERESTED CITIZENS Attachment 2 24 Paul Hennon From: Marissa Houlberg ]marisse@houlbergdevelopment.com] Sent: Tuesday, August 04, 2009 3:30 PM To: Paul Hennon Subject: Rec Center and Tualatin High Pool Hi Paul, I keep thinking about what you said regarding the city's future plans and having the voters possibly approve a recreation district just for the pool. The land and house next to the pool have in the past been for sale. This may be a less expensive way to expand the offerings in the future. I would like to see us keep our pool. It will be a tough argument in the future if you want a recreation building with a pool and yet as a city and school district.we couldn't keep the just a pool we already had. Marissa Attachment 2 25 Page 1 of 1 Paul Hennon From: Sherilyn Lombos Sent: Wednesday, August 05, 2009 12:42 PM To., Paul Hermon Subject: FW: Tualatin/Tigard Aquatic Centers am forwarding you all of the emails regarding the aquatics issue. From: Mary Lou True [maiito:truem@odscompanies,com] Sent: Tuesday, August 04, 2009 11:23 AM To. lou.ogden@juno.com; Jay@H-Mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royaiaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Subject: Tualatin/Tigard Aquatic Centers I am requesting your support to keep the pools open. The pools are a great benefit for the students as well as the community. Thank you for your consideration. Mary Lou True Mary Lou True, SPHR Vice President, Human Resources ODS 503-243-3967 phone 503-243-3895 fax IILLf)://Nv w%v.odsconii)a nies.coni This message is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete the message. Attachment 2 8/6/2009 26 Page 1 of 1 Pau[Hennon From: Sherilyn Lombos Sent: Wednesday, August 05, 2009 12:42 PM To: Paul Hennon Subject: FW: Tigard Tualatin pools From: Todd & Tina Gifford [ma11to:giff5@verizon.netJ Sera: Tuesday, August 04, 2009 12,31 PM To: lou.ogden@juno.com; Jay@H-Mc.com; smbeikman@verizon.net; madduxOl@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Subject: Tigard Tualatin pools Dear Council Members, We are writing you today to ask for your support to keep the Tigard Tualatin Swim Centers open. As residents of Tualatin for 1S years and the parents of three Tualatin High School students the pools are extremely important to us. Our family has used our community based pools extensively for swim lessons, open swim, lap swim, the Summer Splash program, Tigard-Tualatin Swim Club, Tigard-Tualatin Water Palo Club, Tualatin High School Swim Team, Tualatin High School Water Polo Team, and our oldest is a life guard and swim instructor for the Tigard Tualatin pools. As 1 am sure you are aware, the Tigard-Tualatin pools are widely used by a large portion of our community in numerous ways. I urge you to support the pools and approve and do what is necessary to place the formation of an aquatic district on the May 2010 ballot. Respectfully, Todd and Tina Gifford Attachment 2 8/5/2009 27 Page 1 of I Paul Hennon From: 5herilyn Lombos Sent: Wednesday, August 05, 2009 12:43 PM To: Paul Hennon Subject: FW: Please help support our pools! From: Kathy Collins [maiito:kathycollinsl0@yahoo.com] Sent: Tuesday, August 04, 2009 12:38 PM To: lou,ogden@juno.com; Jay@H-Mc.com; smbeikman@verizon,net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmall.com; Sherilyn Lombos Subject: Please help support our pools! Tualatin City Council Members, My 9 year old daughter, Ellie, has THRIVED on.the Tigard-Tualatin Swim Team! Swimming is the first sport she has truly shown an interest in and a love for. We tried soccer, softball and basketball, to no avail. As a result of being a member of the swim team, she has become more independent, self-assured and outgoing. PLEASE do what you can to help support the pools! They have been a valuable asset to our family and hopefully will do the same for years to come. Thanks. Kathy Collins Tualatin resident Attachment 2 8/6/2009 28 Paul Hennon From: Sherilyn Lornbos Sent: Wednesday, August 05, 2009 92:43 PM To: Paul Hennon Subject: FW: Tigard Swim Center -----Original Message----- Prom: richard perry [mailto:rick@NEEDNW.com] Sent: Tuesday, August 04, 2009 2:12 PM To: lou.ogden@juno.com; Jay@H-Mc.com?; smbeikman@verizon.net?; maddux0l@verizon.net?; etruax@royalaa.com?; Chris@mustardpeople.com?; joelle.d.davis@gmail.com?; slombos@ci.tualatin.or.us? Subject: Tigard Swim Center Dear Council Members: 1 am writing to you in support of keeping the Tigard Swim Center open. The instructors are fabulous, the prices are reasonable, and the location is central to many residents. We consider the pool our second home as our children are there 5 days a week! Thank you for your consideration. Best wishes, Rick Richard J. Perry Managing Partner NEED (Natural Elements Eco Development) A Division of Paceline Holdings, LLC 15685 SW 116th Ave. Suite 210 Tigard, OR 97224 e. rick@neednw.com p. 503.957.2425 f. 503.584.3777 Attachment 2 P 29 Paul Hennon From:. Sherilyn Lombos Sent: Wednesday, August 05, 2009 12:43 PM To: Paul Hennon Subject: FW: Aquatic District: resend Importance: High -----Original Message----- From: Cheri Gamache [mailto:cgamache@ttsd.kl2.or.us] Sent: Tuesday, August 04, 2009 2:52 PM To: craigd@tigard-or.gov; nick@tigard-or.gov; gretchen@tigard-or.gov; marland@tigard- or.gov; sydney@tigard-or.gov; lou.ogden@juno.com; Jay@H-Mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@xoyalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Subject: Aquatic District: resend Importance: High Dear Council members, 1 currently live in the City of Tualatin and ask that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is imperative that the pools remain open and our only option is to create an aquatic district. Other important reasons include: - The formation of an Aquatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. - The Aquatic District wants to preserve these valuable community resources, while also relieving the school district of a large, ongoing budget expense. Neither the Cities of Tigard nor Tualatin are able to take over operation of their local swim center. - Establishing an Aquatic District is essential to keeping the pools open. - Aquatic districts have been successfully created and run in other areas of Oregon for years. - The aquatic district will be managed locally from residents of the district and make all operating decisions, and follow state and federal laws for accounting procedures. - The goal in forming the aquatic district is to retain access to the pools for all community user groups. - Most households in these two cities will continue to pay back the pool construction bond for the next 7 years and deserve to utilize their investment. By approving the resolution to form an Aquatic District, the citizens of Tigard or Tualatin can decide for themselves next May what's best for their community. The citizens deserve to be heard; please let democracy proceed. Thank you for your favorable vote. Sincerely, Tualatin citizen & Tigard Educator Cheri Gamache Cheri Gamache 2nd grade teacher 3 Attachment 2 30 Alberta Rider Elementary (503)431-4926 Cheri Gamache 2nd grade teacher Alberta Rider Elementary (503) 431-4926 Attachment 2 31 Page I of 1 Paul Hennon From: Sherilyn Lombos Sent: Wednesday, August 05, 200912:43 PM To: Paul Hennon Subject: FW: Tigard/Tualatin Pool's Topic From: Linda Barrow [mailto:barrow5@comcast.net] Sent: Tuesday, August 04, 2009 3:40 PM To: craigd@tigard-or.gov; nick@tigard-or.gov; gretchen@tigard-or.gov; mariand@tigard-or.gov; sydney@tigard-or.gov; lou.ogden@juno.com; Jay@H-Mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmaii.com; Sherilyn Lombos Subject": Tigard/Tualatin Pool's Topic To Whom it May Concern, 1 am the parent of Tigard and Tualatin School age children. Our pools in our community are important For everyone of every age. If the pools are taken away then Football Fields, Basketball Courts, and Baseball Fields should go too. You can't banish one sport for a select group of people and keep others. Yes, the pools are expensive but what a waste to disregard something we already have. Instead of budgeting for future things, let's take care of the positive things that we do have in our community. Why take away something that creates fitness for many? We could have more children sitting in front of a television sets if we allow all of the positives to go away. Yes, the economy is bad, but a swimming pool ban should not even be of discussion. There were even pools in the Great Depression. In the 1920's and 30's they made sure that baseball fields, pools etc. where available for fitness and stress relievers. Read articles from the Great Depression. Also, my 87 year old mother lived through the depression. They all loved to swim. Hearing about the pool situation in TigardfTualatin upsets me as a member of this community. It upsets me to think that we can't even provide to the community what we already have, yet just today our road 150th was re-graveled and paved. Was this ABSOLUTELY NECESSARY? How much did that cost? What is absolutely necessary, and what is in great working order but needs to just be maintained? Maintain first, ADD later. With proper budgeting and common sense I truly believe that our pools should stay open for the entire community to continue to enjoy. We have our own swimming pool at home and this issue doesn't even effect me or my family, but I find this topic ridiculous and so unfair for the athlete's, children, and adults who do enjoy and benefit from the two pools. Who are you trying to punish for the governmental mistake. Hopefully not the the people again. It's not about me, or you, but it's about our community and what's best for the people who reside here. The children are our future, let's not take anything away from them. Respectfully, Linda Barrow Attachment 2 8/6/2009 32 RE: KEEP THE POOLS OPEN Paul Hennon Page 1 of 2 From., Sherilyn Lombos Sent: Wednesday, August 05, 200912.43 PM To: Paul Hennon Subject: FW: KEEP THE POOLS OPEN From: Taylor, Lisa [mailto:lisa_taylor@mentor.com] Sent: Tuesday, August 04, 2009 4:08 PM To: lou.ogden@juno.com; .]ay@H-Mc.com; smbeikman@verizon.net; maddux0l.@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Cc: Taylor, Lisa Subject: RE: KEEP THE POOLS OPEN Dear Mayor and Council Members, I have been a Tualatin citizen as of 1993 and have three children; two at Tualatin High School (Senior and a Sophomore) and a 5th Grader at Byrom Elementary. All of my children swam at one time or another at the Tualatin pool for recreation and school activities. My son, who will be a sophomore at Tualatin, is currently a member of the Tigard-Tualatin Swim club. He has swam for the club for the past five years and is on the Varsity team at Tualatin High School. He started his swimming "career" with a program offered in summer, appropriately called "Summer Splash". It was during this program that he fine-tuned his swim strokes enough to make the Swim Club team in the fall of 2904. As a member of the Senior Team he is among a large group of swimmers that represent Tigard-Tualatin at meets that have taken us to Lincoln City, Bend, Corvallis, Eugene, Mt. Hood Community College, as well as those held locally. Being a competitive swimmer, he and others on the Senior Team practice six days per week (early mornings and afternoons) and one day per weekend at both the Tigard and Tualatin pools. Practice schedules for all teams are juggled between the other uses of both pools. All of this practice has prepared him to swim at a competitive level which has taken him and others to State and Sectional meets both inside and outside of Oregon. Closing the pools would virtually eliminate any future opportunities for him and others to compete beyond a high school level. He swims year-round. Swimming is his sport. Its what he loves to do! From a community point of view, these pools are not only used for competitive swimming, but also swimming lessons, physical therapy and rehabilitation, training (FBI, Fire department, etc.), daily exercise for those who require low impact workouts and general recreation. I know of people who have moved into the area because there IS a swimming pool! From the approach that the "Save the Pools" Action Committee is taking in proposing a Aquatic District, I don't see how this would impact the future of a Recreation District in Tualatin. While I do support the idea of a Recreation District, I also understand that the residents of Tualatin are still paying for construction of the Tualatin pool and now we're faced with closing it. Would the Tualatin residents pass a bond to create a Parks Attachment 2 8/5/2009 33 RE: KEEP THE POOLS OPEN Page 2 of 2 District, knowing they are still paying for a pool that was shut down? My guess is no. So until then, who makes sure that our children receive cost-effective swimming lessons so that they don't become another drowning statistic? Where do our senior citizens and those who require physical therapy and rehabilitation swim? Where do those who can't afford to join fitness club like Club Sport or 24 hour Fitness go? Where do those whose aspire to become the next Michael Phelps or Dara Tores swim? I believe the proposal that was presented is more than fair and cost effective to the community at-large. The Aquatics District will provide stable funding to keep both pools open for years to come. Since neither city will take over the operation of the pools and the school district can longer fund the expense in light of the budget cuts they are facing, what other options are there? respectfully request your support and ask that you vote in favor of passing the resolution for the creation of an Aquatics District so that we, the citizens of the community can SAVE OUR POOLS?Il[I Regards, Lisa Taylor Tualatin, OR 97062 I e Attachment 2 8/6/2009 34 Page 1 of 1 Paul Kennon From: Sherilyn Lombos Sent: Wednesday, August 05, 2009 12:43 PM To: Paul Hennon Subject: FW: Tigard-Tualatin Pools From, LysaLubner@aol.com [mailto:LysaLubner@aol.com] Sent: Tuesday, August 04, 2009 4:53 PM To. fou.agden@juno.com; Jay@H-Mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chrfs@mustardpeople,com; joelle.d.davfs@gmail.com; Sherilyn Lombos Subject: Tigard-Tualatin Pools Dear Council Members: am unable to attend your weekly council meetings. Therefore I am writing this e-mail to let you know how important it is to us & the community to keep the pools open. My daughter has been a member of the Tigard/Tualatin Swim Club for approximately 6 years and swam with the Tualatin High School Team last year. She is counting on swimming again this winter for the high school team!M Swimming is her sport of of choice (as it is for many Tigard/Tualatin kids). If you were to close the pools, my daughter along w/ many other kids, would be denied the ability to pursue their sport of choice (whether it is Swim Club, Waterpolo, High School Swim Team, etc). This doesn't even take into consideration the effect closing the pools would have on the surrounding community. There would be no swim lessons or adult exercise classes which accounts for a large portion of the pool use. Closing the pools would be devastating to many. There has to be a better solution to the budget crunch and closing the pools isn't the solution. I attended a school budget meeting back in the spring & I believe there are other areas that can be cut back to afford maintaining the pools. Thank you for your time. Sincerely, Alyssa Weglinski Attachment 2 8/&/2009 35 Page 1 of l Paul Hennon From: Sherilyn Lombos Sent: Wednesday, August 05, 2009 12:44 PM To: Paull-lennon Subject: FW: Appeal for Support - Formation of an Aquatic District to Support Community Pools From: Bill Collins [mailto:bcoilins5220@hotma!l.com] Sent:. Tuesday, August 04, 2009 9:2s PM To: lou.ogden@juno.com; jay@h-mc.com; smbeikman@verizon.net; maddux0i@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Subject: Appeal for Support - Formation of an Aquatic District to Support Community Pools Dear Council Members, I am writing each of you to request that you vote in favor of passing a resolution to form an Aquatic District for future support of the Tualatin and Tigard high school pools. Establishing an aquatic district is imperative If the pools are to remain open and function as effectively as they have in the past. The pools are an integral part of our community and serve users of all ages as I'm sure you are aware. Many activities are conducted at the pools ranging from swimming lessons for the young, youth swim teams, high school swim and water polo teams, lap swimming, rehabilitation swimming, lifesaving instruction, etc., all of which are important and necessary. The pools are heavily used! Personally, I have a daughter on the Tigard Tualatin Swim Team. She, like many other young girls on the team past and present, has found her sport and is excelling both physically and mentally as a result of training and competitive swimming. I would hope that the opportunity to continue swimming Is in her future, and more importantly that the opportunity exists in Tualatin. If the pools are closed, I will struggle to find an adequate answer to her questions as to why she can't continue to swim, while opportunities still exist for her older brother to play outdoor sports such as football, baseball and basketball which are supported in one way or another by the City. Quite frankly I can't imagine living in a community without pools and find it somewhat embarrassing that our school district cannot find a way to support the pools, especially ones that are already built and of such outstanding quality. I can only hope for your and the City's support to resolve this very important issue and will follow voting on the issue closely. Sincerely, Kathy and Bill Collins Residents of Tualatin Get your vacation photos on your phone! Click here. Attachment 2 8/6/2009 36 Page 1 of 1 Paul Hennon From: Sherilyn Lombos Sent: Wednesday, August 05, 2009 12:44 PM To: Paul Hennon Subject: FW: Please save Tualatin High School Swimming Pool From: Joyce Thompson [mailto:thompsoja@hotmail.com] Sent: Tuesday, August 04, 2009 9:36 PM To. lou.ogden@juno.com; jay@h-mc,com; smbeikman@verizon.net; maddux0i@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail,com; Sherilyn Lombos Subject: Please save Tualatin High School Swimming Pool I just received a note today during my son's swimming lesson about closing Tualatin High School Pool. I'm sending you a note how important it is to our family and community to keep our pools open. Our children are continuing to take swimming lessons every summer and enjoy our walks to-and-fro from the pool. Great memories and hope to continue to create morel Any questions please let me know. Joyce Thompson thompsoja @li otmail. cam 503.707,4711 Get free photo software from Windows Live Click here. Attachment 2 8/6/2009 37 Paul Hennon From: Sherilyn Lombos Sent: Wednesday, August 05, 2009 12:44 PM To: Paul Hennon Subject: FW: Tigard-Tualatin Aquatic District __---Original Message----- From: Merrily & Bob Haas [mailto:m.r.haas@comcast.net] Sent: Tuesday, August 04, 2009 10:31 PM To: lou.ogden@juno.com; Jay@H-Mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmaii.com; Sherilyn Lombos Subject: Tigard-Tualatin Aquatic District Dear Mayor and Council, I am writing in support of the Resolution supporting the formation of the Tigard-Tualatin Aquatic District. The pools are an important resource for our community serving both children and adults. If the school district feels it can no longer afford to operate them, it should be up to the community to fill that role. Please pass the resolution so that the voters can have the opportunity to support the pools. Merrily Haas 20887 SW Willapa Way Tualatin m.r.haas@comcast.net 1 Attachment 2 38 Page 1 of I Paul Hennon From: Sheriiyn Lombos Sent: Wednesday, August 05, 2009 12:44 PM To: Paul Hennon Subject: FW: Tigard-Tualatin Pools From: Lisa Tillotson [mailto:lisat2l@msn.com] Sent: Wednesday, August 05, 2004 7:22 AM To: nick@tigard-or.gov; gretchen@tigard-or.gov; Sydney@tigard-or.gov; lou.ogden@juno.com; jay@h- mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gma!l.com; Sherilyn Lombos; craigd@tigard-or.gov; mariand@tigard-or.gov Subject: Tigard-Tualatin Pools Dear Council members, I am writing to you as a resident, parent, and teacher of the Tigard-Tualatin School District. Our community is on the brink of losing one of our most precious resources - our two local pools! 11 This is where we are raising healthy kids who know how to swim, who compete on swim teams and water polo teams, and who are staying fit. This is where our fire fighters and law enforcement agents complete training exercises and adults who lap swim and participate in fitness classes. Right now in the summer months our kids stay busy going to lessons and open swim, and teens are taking First Aid and Lifesaving Instruction, and serve as swim teachers and lifeguards. These pools are part of the backbone of our cities; people move here because we value education and health, which includes these two very viable and well-used facilitiesH l We are terrified that these two beautiful pools may be abandoned and closed, and this will begin the resulting demise of our cities! Particularly in these'economic times, we need to maintain the value, beauty, and resourcefulness of our area. Please help us to save our pools by passing the resolution to create an Aquatics District. Most residents do not yet know how close we are to losing our pools forever and deserve the opportunity to educate themselves on the issue and preserve our community resource. We all need to have a say in this matter! Please allow this to happen! Many citizens are traveling in these fine weeks of summer and will not be able to be present at your upcoming meetings on the subject. Please know however, that everyone we have spoken to has felt strongly that we should support our pools and keep them open through an independent Aquatics District. How many times to you get to be a hero in life? BY HELPING US TO SAVE OUR POOLS YOU WILL BECOME ONE OF THEM!! Thank you for your time and thoughtfulness. Lisa Tillotson Tualatin, OR Express your personality in color! Preview and select themes for Hotmail@. Try it now. Attachment 2 !3/6/2009 39 Page 1 of 2 €'aul Hennon From: Sherilyn Lombos Sent: Wednesday, August 05, 2009 12:44 PM To: Paul Hennon Subject: FW. Tualatin High School Pool From: Jeff & Geeta Glasser [mailto:glasser family@mac.com] Sent: Wednesday, August 05, 2009 8:43 AM To: jay@H-Mc.com; smbeikman@verizon.net; maddux0l@verizon,net; etruax@royalaa,com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Subject: Tualatin High School Pool Dear Council Members I currently live in the City of Tualatin and ask that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is imperative that the pools remain open for the benefit of the current community as well as generations to come. Closure doesn't make fiscal sense when an option exits to keep it open. Keeping the pool open now will save future expense of building a new pool. The only viable option to keeping the pool open is to create an aquatic district. The formation of an Aguatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. The Aquatic District wants to preserve these valuable community resources, while also relieving the school district of a large, ongoing budget expense. Neither the Cities of Tigard nor Tualatin are able to take over operation of their local swim center. Aquatic districts have been successfully created and run in other areas of Oregon for years. The aquatic district will be managed locally from residents of the district and make all operating decisions, and follow state and federal laws for accounting procedures. The goal in forming the aquatic district is to retain access to the pools for all community user groups. Most households in these two cities will continue to pay back the pool construction bond for the next 7 years and deserve to utilize their investment. By approving the resolution to form an Aquatic District, the citizens of Tigard or Tualatin can decide for themselves next May what's best for their community. The citizens deserve to be heard; please let democracy proceed. Thank you for your favorable vote. Attachment 2 8/6/2009 40 Page 2 of 2 Sincerely, Geeta Glasser 11935 SW Lucas Drive Tualatin, OR 97962 593-855-3938 Attachment 2 8/6/2009 41 Page 1 of 1 Pau! Hennon From: Sherilyn Lombos Sent: Wednesday, August 05, 2009 12:45 PM To: Paul Hennon Subject: FW: From your constituent From: Chris Gilbertson [mai[to:chrisgilbertson@comcast,net] Sent: Wednesday, August 05, 2009 9:10 AM To: lou,ogden@juno.com Subject: From your constituent Dear Council member, My name is Chris Gilbertson, and as a resident of Tualatin, I ask that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is crucial that the pools remain open, and the formation of an Aquatic District will provide permanent, stable fiinding to keep both pools open for the community to enjoy for years to come. They have been successfully created and run in other areas of Oregon for years with the goal being to retain access to the pools for all community user groups. The aquatic district will be managed locally from residents of the district and make all operating decisions, and follow state and federal laws for accounting procedures. Most households in these two cities will continue to pay back the pool construction bond for the next 7 years and deserve to utilize their investment. By approving the resolution to form an Aquatic District, the citizens of Tualatin can decide for themselves next May what's best'for their community. The citizens deserve to be heard; please let democracy proceed. Thank you for your favorable vote. Sincerely, Chris Gilbertson 17-35 SW 114th Ave Tualatin, OR 97062 Attachment 2 8/6/2009 42 Paul Hennon From: Sherilyn Lombos Sent: Wednesday, August 05, 2009 12:45 PM To: Paul Hennon Subject: FW: city pools -----Original Message----- From: Kim and Ahren (mailto:kimnahren@mac.com] Sent: Wednesday, August 05, 2009 10:01 AM To: lou.ogden@juno.com; Jay@H-Mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Subject: city pools Dear council members I have 3 of my own and 2 step- children in the tigard/tualatin school district. 4 in highschool and one in middle school. I was fortunate to be able to pay for swimming lessons for my 3 kids when they were little and they love being able to swim and play in the pools. My step children did not get swimming lessons and they only reason they feel safe in the water at all is because of the instruction they received in school. We are a community that is close enough to the ocean that water safety needs to be an important lesson learned in school. I am sure that by teaching our kids how to be safe in the water we have saved lives. Some of these kids would have no other chance to learn if we take away these programs. One of the children that is in my care, came to live with me from New York where she was on the varsity swim team. When she heard about the closures, her heart was broken. Being on the swim team for her was a chance to participate in a team sport which we all know is a benefit in many ways for our youth. With so many families struggling to just to keep their homes, parents are working overtime and stress levels are high. Don't take away one of the avenues our children have to be involved in a healthy way to deal with stress, stay away from bad influences and have fun. Thank you Kimberly Richards 1 Attachment 2 43 Page 1 of 1 Paul Hennon From: Sherilyn Lornbos Sent: Wednesday, August 05, 2009 12:45 PM To: Paul Hennon Subject: FW: Tualatin pool From: Stacie Schoonmaker [mailto:stacieschoonmaker@comcast.net] Sent: Wednesday, August 05, 2009 10:33 AM To. lou.ogden@juno.com; Jay@H-Mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sheriiyn Lombos Subject: Tualatin pool Dear City Council, I know I am, but one of many supporters of keeping the Tualatin pool open, but I want to voice my thoughts. My children have learned how to swim there, have enjoyed meeting fi•iends for 'open swim', and I even reserved the pool for a huge birthday party for one of my boys-it was a big hit! We moved to Tualatin several years ago because of what it had to offer for my kids/teens and the pool is a big part of that! Please consider keeping it open and having it on the ballot in May 2010. Thank you for your time. Respectfully, Stacie Schoonmaker Attachment 2 j 8/5/2009 44 Page 1 of 1 Paul l-lennon From: Sherilyn Lombos Sent: Wednesday, August 05, 2009 2:54 PM To: Paul Hennon Subject: FW. Tualatin Swim Center From: lambheef@comcast.net jmailto:fambheel@comcast.net] Sent: Wednesday, August 05, 2009 2:43 PM To. lou.ogden@juno.com; Jay@H-Mc.com; smbeikman@verizon.net; madduxO1@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Subject: Tualatin Swim Center Dear Council members, As obesity among adults in our country reaches record-setting levels, the opportunities for adults to exercise without a club membership or personal trainer become fewer and farther between. The swim center at Tualatin high school serves to benefit our community by provided a place where adults can swim for exercise on a regular basis at an affordable cost. On any given day, wedged between children's safety and swimming lessons are the lap swims and water exercise classes that allow adults in our community a chance to get healthy and stay healthy. The hard-working water aerobics group heads for the showers while the lap swimmers, including super-seniors and young men and women just out of college take their place in the lanes. Its fun - you should come swim with us! Please, for the health of our community, do what you canto help keep our public pool open. Ted and Cathryn Lambeth 9935 SW Killarney Lane Tualatin OR fambheei@comcast.net Attachment 2 8/6/2009 45 Page 1 of l Paul Hennon From: Sherilyn Lombos Sent: Wednesday, August 05, 2009 6:38 PM To: Paul Hennon Subject: FW: PLEASE KEEP THE POOLS OPEN! From: alison needelman [mailto:afineed4@gmail.com] Sent: Wednesday, August 05, 2009 4:55 PM To. lou.ogden@juno.com; Jay@H-Mc.com; smbeikman@verizon.net; madduxO1@ver!zon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Subject: PLEASE KEEP THE POOLS OPEN! pools are a vital part of any community. they provide an affordable way for people to exercise, especially those who are injured or disabled. PLEASE Keep our pools open!!! Attachment 2 4 8/6/2009 46 Page 1 of 1 Paul Hennon From: Sherilyn Lombos Sent: Wednesday, August 05, 2009 6:38 PM To: Paul Hennon Subject: FW. Aquatic District - keep the pools openI From: John &Ann Scherner [mailto:jnascher@verizon.net] Sent: Wednesday, August 05, 2009 5:43 PM To: Iou.ogden@juno.com; Jay@H-Mc.com; 'Beikman, Monique'; maddux0l@verizan.net; etruax@royaiaa,com; Chris@mustardpeople.com; joelle.d.davis@gmall.com; Sherilyn Lombos Subject: Aquatic District - keep the pools open! Dear City of Tigard Councilors: Our family has lived in the city of Tigard for over 10 years and experienced the ups and downs of funding for our pools with pool hours cut back then restored due to the current funding available. It is time for a stable source of funding for our pools so that the public can enjoy these pools for years to come. [am asking you to vote in favor of a resolution to form an Aquatic District at next week's council meeting. Formation of an Aquatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. The school district cannot afford to keep these swim centers open, the cities of Tigard and Tualatin are not able to take over operation of these swim centers and cities the size of Tigard and Tualatin need to be able to provide these swim centers to our community so establishing an Aquatic District is essential to keeping these swim centers open. Aquatic districts have been successfuly created and run in other areas of Oregon for years - the citizens need to be heard and have a chance to vote on this next May. Thank you for your favorable vote. Ann Scherner 15800 SW 80th Ave Tigard OR 97224 503-624.7442 Attachment 2 8/6/2009 47 Page I of I Paul Hennon From: Sherilyn Lombos Sent: Thursday, August 06, 2009 8:32 AM To: Paul Hennon Subject: FW: From, Maria Lathrop [mailto:marialathrop@hotmaiLcom] Sent: Wednesday, August 05, 2009 11:31 PM To: lou,ogden@juno.com; jay@h-mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle,d.dav!s@gmail.com; Sherilyn Lombos Subject: Dear Council members,. I live in Tualatin. My children have used the tualatin high school pool for years. I ask you to please vote in favor of passing a resolution to form an aquatic district at next week's council meeting. Our pool is such an important part of our community. It has provided hundreds of children valuable skills. Please don't leave us without a poollll thank you. Maria Lathrop Get your vacation photos on your phone! Click here. Attachment 2 8/5/2009 48 Paul Wennon From: Sherilyn Lombos Sent: Thursday, August 06, 2009 8:32 AM To, Paul hiennon SUbject: FW: Tigard Tualatin Pools --------Original Message------ From: Maggie Alexander [mailto:alexanma@carleton.edu) Sent: Wednesday, August 05, 2009 9:55 PM To: lou.ogden@juno.com; Jay@H-Mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; Chris@mustardpeople.com; joelle.d.davis@gmai.l.com; Sherilyn Lombos Subject: Tigard Tualatin Pools Dear Council members, I write to you in regard to the situation regarding the possible closure of the Tigard Tualatin Pools. I am a Tualatin High School graduate and have been around the Tigard and Tualatin pools for nearly 16 years. When you've been around pools for that long it seems inevitable that you begin to notice their impact upon the people who go there. You have kids and families coming for all over the cities to play in the pool. You see friends being made sometimes for life on swim teams and water polo clubs. There are people recovering from car accidents who come to the pool to gain back their strength. You can see lessons where kids are just beginning to learn to swim. There are people connecting with others, a common bond between lesson parent whose kids take extra long to get dressed in the locker rooms. What I mean to say is that the Tigard and Tualatin Pools are an essential part of our community and should remain as such. The establishment of an aquatic district is crucial to keeping these pools open. There are examples here in Oregon where aquatic districts have worked exceedingly well. With the aquatic district being managed locally it will be possible to have a.continuation of current community activities that take place at the pool already. I ask you to consider all of these things as you decide on this issue. Thank you very much for your consideration and time. 5incerly, Maggie Alexander, 19 Attachment 2 49 Paul Hennon From: Sherilyn Lombos Sent: Thursday, August 06, 2009 8:33 AM To: Pau[Hennon Subject: FW: Aquatic District Formation -----Original Message----- From: Lynne and Tom Fergusson (maid.to:ltfergusson@verizon.net) Sent: Wednesday, August 05, 2009 9:33 PM To: craigd@tigard-or.gov; nick@tigard-or.gov; gretchen@tigard-or.gov; marland@tigard- or.gov; sydney@tigard-or.gov; lou.ogden@juno.com; Jay@R-Mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Subject: Aquatic District Formation Dear Council members, I currently live in the City of Tigard and ask that you vote in favor of passing the resolution to form an Aquatic District at next week's council meeting. It is imperative that the pools remain open and our only option is to create an aquatic district. Other important reasons include: <http://www.savettpools.com/Aquatic_District.html>I believe the Aquatic District will provide permanent, stable funding to keep both pools open for the community to enjoy for years to come. There are so many reasons to keep these pools open but my main two reasons are entertainment for the whole family (bonding, being together) and the other swim teams (children need extra curricular activities that are healthy and teaches many valuable lessons for life, and the ability to stay fit and keep their bodies healthy). There are so many more reasons to have an Aquatic District and hope the Board can let go of the politics and realize how important it is for families. By approving the resolution to form an Aquatic District, the citizens of Tigard or Tualatin can decide for themselves next May what's best for their community. The citizens deserve to be heard; please let democracy proceed. Thank you for your favorable vote. Sincerely, Lynne Fergusson Tigard Citizen Attachment 2 50 Page 1 of I Paul Hennon From: 5herilyn Lombos Sent: Thursday, August 06, 2009 6:50 PM To: Paul Hennon Subject: FW: Pools open From: Kevin DeBell [mailto:ksdebell@yahoo.comj Sent: Thursday, August 06, 2009 12:21 PM To: lou.ogden@juno.com; lay@H-Mc.com; smbeikman@verizon:net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmaif.com; Sherilyn Lornbos Subject: Pools open To all, We have just relocated here from St. Louis, MO. last year and wanted to say what a nice facility (pools) that you have for the students and community. Athletics is so important to students and adults alike and everyone knows that times are difficult now but to not be able to find the fiTnds or to have a general public fund set up to save these pools would be a shame. My son has been enjoying swim lessons this summer at the Tualatin pool and has enjoyed everyday of it. He also plays football through Tigard/Tualatin district and it means so much to him and his growth of sports. We support keeping both pools open. Thanks for your time. Sherry & Kevin DeBell 8/6/2009 Attachment 2 51 Page 1 of I Patel Hennon From: Sherilyn Lombos Sent: Thursday, August 06, 2009 5:50 PM To: Paul Hennon Subject: FW: Swimming Pools From. Butcher [mailto:butcher.or@verizon.net] Sent: Thursday, August 06, 2009 12:04 PM To: lou.ogden@juno.com; Jay@H-Mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Subject: Swimming Pools Dear Tualatin City Council Members, As concerned citizens, we are writing to urge you to vote YES to pass the resolution to form an Aquatic District. The pools are one of our most valuable resources, serving diverse members of the community and contributing significantly to the appeal of living here in Tigard & Tualatin. With school funding so unstable, an Aquatic District would guarantee the pools remain open and available for the families of our cities. Thank you for your consideration and we'll see you at the meeting Monday night! Gano & Dawn Butcher 20000 SW 59th Terrace Tualatin; OR 97063 503.740.0056 Attachment 2 8/6/2009 52 Page 1 of 1 Paul Kennon From: Sheri[yn Lombas Sent: Thursday, August 06, 2009 5:51 PM To: Paul Hennon Subject: FW: Keep the Tigard-Tualatin Pools Open! From: Jean Snyder [mailto:mrswoodchuck@gmail.com] Sent: Thursday, August 06, 2009 9:27 AM To: lou.ogden@juno.com; )ay@H-Mc.com; smbeilcman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelfe.d.davls@gmafl.com; Sheri[yn Lombos Subject: Keep the Tigard-Tualatin Pools Open! My name is Jean Snyder. I am a Tualatin resident and I want to strongly urge you to vote for the resolution keeping the pools open. I have a 10 year old daughter. When she was five years old, I asked if she wanted ice skating lessons. She responded that she wanted swimming lessons. She hasn't stopped swimming since, and most of her lessons have been at either the Tigard or Tualatin pools. She now swims on the Tigard-Tualatin Swim Team. When she isn't at swim team practice, she prefers to be at open swim. She has never shown interest in any other sport. I would like the residents of Tualatin to be given the opportunity to vote on keeping these pools open. I see these pools daily, and see the constant flow of residents, from the very youngest to the very oldest, in and out of these pools. Please keep them open. I understand the need for another pool, but I strongly believe that we need to keep the existing facilities open before we begin to talk about building another facility. Thank you for keeping the pools open! Jean Snyder 9398 SW Siletz Tualatin OR mrswoodehucknamail.conl a Attachment 2 8/6/2009 53 Page 1 of 1 Paul Hennon From: Sherilyn Lombos Sent: Friday, August 07, 2009 11:11 AM To: Paul Hennon Subject: FW; swimming pools From: Monica Anderson [mailto:monicaleeand@yahoo.com] Sent: Friday, August 07, 2009 9:12 AM To: lou.ogdenQuno.com; Jay@H-Mc.com; smbeikman@verizon.net; madduxOI@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmall.com; Sherilyn Lombos Subject: swimming pools Dear Council Members, I am writing to express my desire for an Aquatic District to be formed in order to save the Tigard and Tualatin swimming pools. I really believe not having access to these pools will lower the quality of life for many families in our two cities. As you probably know, once a pool closed and drained, excessive money needs to be spent in order to reopen that pool. Please place a priority on saving our community pools. Sincerely, Monica Anderson Attachment 2 54 R/'7/')llnn Page 1 of 1 Paul Hennon From: Sherilyn i_ombos Sent: Friday, August 07, 2009 11:11 AM To: Paul Hennon Subject: FW: Tualatin Pool From. Katrina Charriere [mailto:katrinacharriere@hotmail.com] Sent: Friday, August 07, 2009 9:50 AM To: lou.ogden@juno.com; jay@h-mc.com; srnbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Subject: Tualatin Pool Hello, T am a resident of Tualatin and am writing to you to ask that you please support keeping the Tualatin pool open. My daughter has found great joy in taking the swim classes offered there and and with continuing classes she hopes to earn a spot on the swim team one day. This pool means so much more then just recreation to us, This pool will help keep my daughter focused on something positive throughout her teen years and help her to stay out of trouble. Thank you for your time. Katrina Charriere Get back to school stuff for them and cashback for you. Try Bing now. I Attachment 2 55 9 /7r7nno Page 1 of 1 Paul Wennon From: Sherilyn Lombos Sent: Friday, August 07, 2009 11:11 AM To, Paul Hennon Subject: FW: Tualatin/Tigard Pools "Aquatic district formation" From: Melanie Lintner [mailto:lintnerm@hotmail.com] Sent: Friday, August 07, 2009 10:05 AM To. fou.ogden@juno.com; jay@h-mc.com; srnbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joelle.d.davis@gmail.com; Sherilyn Lombos Subject: Tualatin/Tigard Pools "Aquatic district formation" Please put the "Aquatic district formation" on the ballot measure and please support keeping the Tualatin/Tigard pools open. Thanks so much, Melanie Lintner Get free photo software from Windows Live Click here, I , 8/7/2009 Attachment 2 56 Page I of I Paul Hennon From: Sherilyn Lombos Sent: Friday, August 07, 2009 11:10 AM To: Paul Hennon Subject: FW: keep our pools open From: Todd Groshong [mailto:toddgro@hotmail.com] Sent: Friday, August 07, 2009 10:13 AM To: lou.ogden@juno.com; jay@h-mc.com; smbeikman@verizon.net; maddux0l@verizon.net; etruax@royalaa.com; chris@mustardpeople.com; joeffe.d.davis@gmall,com; 5heriiyn Lombos Subject: keep our pools open Due to budget cuts your community pools may have to close down permanently.Th€s means children will no longer be able to take swim lessons nearby and hundreds of kids will miss out! It could also mean no more high school swim teams for our schools! We are trying to get the "Aquatic district formation" on the ballot measure to hopefully keep the pools open and I can't show up at the meeting so I chose to email the council members in hopes we have a better chance to rectify this situation. Please help us out here council members, please support keeping the Tualatin / Tigard pools open. The pools may be closed down by next month so please act on this asap! Thank You, Todd Groshong Express your personality in color! Preview and select themes for Hotmail@. Try it now. 8/7/2009 Attachment 2 57 Agenda Item # ((2 Meeting Date August 11, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Formation of Sanitary Server Reimbursement District No. 45 (SW Hoodview Drive~ Prepared By: G. Berrv Dept I-Iead Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall City Council approve the formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Setiver Extension Program? STAFF RECOMMENDATION Approval, by motion, of the attached resolution forming the Reimbursement District. KEY FACTS AND INFORMATION SUMMARY • The proposed project would provide sewer service to 25 lots along SW Fable Street and SW Hoodview Drive. Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the tune of connection to the sewer. In addition, each owner would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the, public line. On July 16, 2009, staff held a neighborhood meeting for owners to review the project procedure, construction schedule and estimated costs. Of the 25 invited owners 12 were represented at the meeting. Those attending where generally supportive of the project and recognized the need for sewers. Written comrnents collected at the meeting frorn six owners are attached. The existing sewer in SW Kable will be extended north and west in SW Hoodvietiv Drive. Of the two lots fronting SW Hoodview Drive and SW Lady Marion Drive, one is currently served from SW Lady Marion Drive and is not proposed to be included in the district. The other lot, 10275 SW Hoodview Drive, could be served by either dhe line in SW Lady Marion Drive or the proposed line in SW Hoodview Drive. Consequently, this lot is proposed to he included in the district. An opportunity to discuss this with the owner was first requested in an attached December 17, 2008, letter. There has been no response and efforts to contact the owner continue. This project ,vill result in the portion of the City bounded by SW Pacific Highway and SW Hall Boulevard being completely served. • Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. • If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. Another resolution to finalize the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. OTHER ALTERNATNES CONSIDERED None CITY COUNCIL GOALS The proposed Reimbursement District meets Goal No. 1, "Implement Comprehensive Plan", by furthering Comprehensive Goal 11.3, "Develop and maintain a wastewater collection system that meets the emsting and future needs of the community". ATTACHMENT LIST Attaclunent 1- Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Attachment 2- Vicinity Map Attachment 3- Notice to Owners Attaclunent 4-- Mailing List Attaclunent 5- Resolution No. 01-46 Attachment 6- Resolution No. 03-55 Attachment 7- Owner Comments from July 16, 2009, Neighborhood Meeting Attachment 8- December 17, 2008, letter to owner FISCAL NOTES The estimated cost of the project is $647,904. This amount includes the estitnated cost of construction plus an amount for administration and engineering as defiled in TMC 13.09.040(1). Funding is by unrestricted sanitary sewer fiends. 1 .1anU12009.2010 iy dpUhoodmew san sew dui 45 -file #U335 - 951GOVennation0-11-09 hoodvicw rein dis145 ais.doc Attachment 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 45 (SW HOODVIEW DRIVE) WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TIVIC Chapter 13.09; and WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 45 (SW I Ioodview Drive) have been notified of a public hearing in accordance with TMC 13.09.060 and a public hewing was conducted 'in accordance with TIUIC 13.09.050; and WHERE AS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost arnong the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THERE FORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 45," attached hereto as Exhibit A, is hereby approved. SECTION A Reimbursement District is hereby established irn accordance with TMC Chapter 13.09. The District shall be the area shown and described in Exhibit B. The District shall be brown as "Sanitary Sewer Reimbursement District No. 45." SECTION 3: Payment of the reirnbuusement fee, as shown in Exhibit A, is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4: An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5: The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance 'With TMC 13.09.090. SECTION 6: This resolution is effective immediately upon passage. RESOLUTION NO. 09 - Page 1 PASSED: This day of 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 09 - Page 2 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 45 (SW Hoodview Drive) Background This project will be constructed and funded under the City of Tigard Neighborhood Server Extension Program (NSEP). Under the program, the City of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner would pay a connection fee, currently $3,635, and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sever or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic systems according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the 25 lots in the following table will requite extending an existing sewer in SW Kable Street north and west in SW Hoodview Drive. No further extension of this line will be required. The surrounding area is completely served with sewer. The proposed project would provide sewer service to a total of 25 lots within the proposed reimbursement district as shown on Exhibit Map B. Cost The estimated cost for the santary sewer construction to provide service to the 25 lots is $570,840. Engineering and inspection fees amount to $77,063 (13.5%) as defined 111 TMC 13.09.040(1). The estimated total project cost is $647,904. This is the estimated amount that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their fair share of the total amount. However, the actual amount that each property owner pays is subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be required to pay a connection and inspection fee, currently $3,635, upon connection to the public line. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in the proposed district ate zoned R-3.5 but vary in lot size from about 15,000 to 18,000 square feet as can be seen in the following list of lots. Therefore, it is recotmnended that the total cost of the project be divided among the properties proportional to the square footage of each property. Exhibit A page 1 of 5 Other reimbursement methods include dividing the cost equally among die owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's estimated fair share of the public sewer line is $1.6327 per square foot of lot served. Each owner's fair share would be limited to $6,000, to the extent that it does not exceed $15,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01-46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed, as provided by Resolution No. 03-55 (attached). Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in Tigard Municipal Code (IMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted July 28, 2009 Q A u tin P. Duenas, P.E. City Engineer kWn&mg%mimhuremenl dislddsW5 hood viewW-11-09 hoed"; mim dish 45 report ez a.d- Exhibit A Page 2 of 5 HOODVIEW DRIVE Sewer Reimbursement District #45 Estimated Cost to Property Owners Summary July 23, 2009 Estimated Construction Costs $496,383 15.00% contingency (construction) $74,457 Estimated construction subtotal $570,840 --13.50%o contingency (Adman & En $77,063 total project costs $647,904 total area to be served (S.F. total cost per S.F. to property owner (Rounded) I 396831 $1.633 [A] I'NG\2009-2010 Y CIP\[-Inodvic%v San Scw Dist 45 - File # 0635 - 95160\Fnginccr F:stimate\[-foudviem San Sew Disi 45 -U atirnatc By Tax Lot (Arca).xk,% 3 of 5 HOODVIEW DRIVE Sewer Reimbursement District #45 Estimated Cost to Property Owners July 23, 2009 Amount that Area Estimated Amount to be Amount to be can be Owner Site Address Tax Lot ID Area (S.F.) (AC} Reimbursement Paid by Owner Paid by City Deferred by Fee Owner 1 CIROTSKI, LAWRENCE L AND LAURA L 10305 SW I-I00D\1IEW DIZ 2S111CB01706 17859.60 0.41 $ 29,159 $ 20,159 $ 9,000 $ 14,159 2 TA1):NNLGR,. SJ--I 1sD 10290 SW I IOODVII W DR 2S111CB01707 15216.00 0.35 5 24,892 $ 15,892 $ 9,000 $ 9,892 3 SKAC-I I, I OSEPI I 11 & 10260 SW I IOODVIEW DR 2SI11CB0170S 15246.00 0.35 $ 24,892 $ 15,892 $ 9,000 $ 9,892 4 GUDIiKUNS[', NANCY & PE'T'ER 10200 SW I IOODI'IE1Yf DR 2S111CB01709 15681.60 0.36 $ 25,603 $ 16,603 $ 9,000 $ 10,603 5 IMCKEI?, TERRY & PRISCILLA ANN EMPTY LOT 2S111 CB01710 17859.60 0.=41 $ 29,159 $ 20,159 $ 9,000 $ 14,159 6 SESNON, K.-1R13N E'& ROBERT I1 10125 SW I-IOODVII,W DR 2SIlICB01711 17424.00 0.4 $ 28,448 $ 19,448 $ 9,000 $ 13,448 7 CARVER, WI1. LIAiM A SUSAN NI 10155 SW HOODVILW DR 2S111 CB01712 15681.60 0.36 $ 25,603 $ 16,603 $ 9,000 $ 10,603 8 BOELLING, KAREN & 10185 SW I IOODVIFW DR 2S111CB01713 16552.80 038 $ 27,026 $ 18,026 $ 9,000 $ 12,026 9 FRIEDRICI-IJOI-IN I-I AND 10080 SAY! KABLI ST 2S111CB01717 16117-20 0.37 $ 26,314 $ 17,314 $ 9,000 $ 11,314 10 ANDERSON, ROGER FAND ]0120 SW KABLE ST 2S111CB01718 16117-20 0.37 $ 26,314 $ 17,314 $ 9,000 $ 11,314 11 G]RAUD, GI-ORGIs & PATRICIA L 10170 SW ICABLE ST 2S111CB01719 15246.00 0.35 $ 24,892 $ 15,892 $ 9,000 $ 9,892 12 FRASER, XIICI-L Ej, J 10210 SW KAB LE- ST 2S111CB01720 11810.40 0.34 $ 24,181 $ 15,181 $ 9,000 $ 9,181 13 MCK13E, T1-RRY D PRISCILLA 10198 SW KABLE ST 2SIl ICB01734 15246.00 0.35 $ 24,892 $ 15,892 $ 9,000 $ 9,892 14 SWITZE'R, KRISIT"N C & CARL R 10310 5W I-IOODV]I_W DR 25111CB01735 15246.00 0.35 $ 24,892 $ 15,892 $ 9,000 $ 9,892 15 DUNNE', KEVIN B AND SANDR.-1 L 10340 SW 110 ODVI 1W DR 2S1I ICB01736 15246-00 0.35 $ 24,892 $ 15,892 $ 9,000 5 9,892 16 HARBOUR, KELLY 10370 SW I IOODVILW DR 2S111CB01737 15246.00 0.35 $ 24,892 $ 15,892 $ 9,000 $ 9,892 17 CI IWIRKI, S'I'EVI N A 10400 SW I-IO0DV1EW DR 2S11IC1301738 15246.00 0.35 $ 24,892 $ 15,892 $ 9,000 $ 9,892 18 STE'VLNS, LINDA SUL 10430 SW I-IOODVIEW DR 2S111CB01739 15246.00 0.35 $ 24,892 $ 15,892 $ 9,000 $ 9,892 19 B0WI-N, MARK A 10460 SW 1-1OODVIEW DR 2SIlICB01740 15246.00 0.35 $ 24,892 $ 15,892 $ 9,000 $ 9,892 20 NELSON, JAMES R & LINDA 5 10455 SW I IOODVILW DR 25111 CB01741 16117.20 0.37 $ 26,314 $ 17,314 $ 9,000 $ 11,314 21 smrfI I, s-rEPHEN R & CARLA J 10425 SW I-IOODVIEW DR 2SI liCB01742 16117 20 0.37 $ 26,314 $ 17,314 $ 9,000 $ 11,314 22 HUGEL, LIDUAN 10395 SW 1-IOODVIRW DR 2S]11CB01743 16117,20 0.37 $ 26,314 $ 17,314 $ 9,000 $ 11,314 23 ALFARO, CI LARLIE N & 10365 SW 1-IOODVIEW DR 2S] 11CB01744 16552.80 0.38 $ 27,026 $ 18,026 $ 9,000 $ 12,026 24 WONG, M AIOOYUN 10335 SW 1-100DVIEW DR 2S]11CB01748 16117.20 0.37 $ 26,314 $ 17,314 $ 9,000 $ 11,314 25 WESTBY, RICI I-ARD S & DENISE ,M 10275 SW 1-100DVIEW DR 2SI l ICB01705 15245.06 0.35 $ 24,891 $ 15,891 $ 9,000 $ 9,891 Totals 396830.66 9.11 $ 647,904 $ 422,904 $ 225,000 $ 272,904 4of5 HOODVIEW DRIVE Sewer Reimbursement District #45 Estimsre'd Cost to Property Owners ;July 23, 2009 The "I3STIMATE'D hBINIBURSF_hIi3NT FEE:" column shows the estimated reimbursement fee for each lot. 'T'here arc no requirements to connect to the sewer or pay any fees until the owner decides to connect to the sewer. The final reimbursement fee will be determined once construction is complete and final costs are determined. In accordance with Resolution No. 01-46, each property owner will he required to pay the first S6,000 of the final reimbursement fee for connections completed within the first tlhrce years OFCity Council's approval of the final Cite Engineer's Report following construction. The "ANIOUNT'T'O BE PAID 13Y CITY" column shows that portion of the reimbursement fee that the owners will not be required to pay if they connect to the sewer during this three year period. This resolution also requires owners to pay any fair share amount that exceed 515,000. Consequently, if the final fair share for an owner exceeds 515,000, the owner would be required to pay S6,000 plus that amount of the fair share that exceeds S15,000. Under Resolution No. 03-55, payment of the amount in excess of S15,000 may be deferred until the owner's lot is developed. This amount is shown in the "AiMOUNT THAT CAN BE DELERktI ll BY OWNER" column. In addition to the reimbursement fee, the owners will also be required to pay a connection fee, currently S3635 at the time of connection to the sewer. In addition, property' owners are responsible for disconnecting their existing; septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. 5of5 HOODVIEW DRIVE-REIMBURSEMENT DIST NO. 45 FY 2009-10 SANITARY' SEWER EXTENSION PROGRAM A PORTION OF THE NW 1 /4 SECTION 11 T2S R1 W W.M. ~ O v0 Q J~' ~ AGO HOODVIEW DR G ~v ~Cc, D~ PAP h~o O O vQOO 00~~ o5j P~ ~O • Q,311 O O ti~~ P' p° p`^ J~ p0 O~~ ~~P=p0 O`~ C,Q OSti^~ 0° O~ ~(c,~p0 ~O p0 00 O7~O GO OO~p G~ J~ p O ~tiCV p0 O Zu~O G~ NQ, G,Z.,pO ~O hOry ry~ MCKEE, NOTE: All properties in the reimbursement district are zoned R3.5 EXHIBIT B (p1 NTS N CL M x w w LsJ t!1 HOODVIEW Q M x w w w BOELLING, KAREN & ROBERT JOHNSON 10185 HOODVIEW DR 25111 CB01713 P Z ~G~ Ja oo~o~ CARVER, WILLIAM c~`~ oo ZG ~G o & SUSAN 10155 HOODVIEW DR ~p0' N w 25111 C801 712 a MCKEE, TERRY & PRISCILLA MCKEE, TERRY & PRISCILLA SENSON, KAREN 0195 KABLE S 25111 CB01734 VACANT LOT 2S111 CB01710 & ROBERT 10125 DR 1 1 11 CB 01 71 KABLE ST o~ pip A! QPJ Q~~P~p~ OQ' P ry DRIVE-REIMBURSEMENT DIST NO. 45 FY 2009-10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1 /4 SECTION 11 T2S R1 W W.M. NOTE: All properties in the reimbursement district are zoned R3.5 EXHIBIT NITS Attachment 2 HOODVIEW DRIVE --.REIMBURSEMENT DIST NO. 45 FY 2009-10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1 /4 SECTION 11 T2S R1 W W.M. i= VICINITY MAP NTS Attaclunetit 3 July 24, 2009 NOTICE Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, August 11, 2009 AT 7:30 PM IN THE TOWN BALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 WILL CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 45 (SW Hoodview Drve) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install servers in SW Hoodview Drive. Both.public oral and 7vritleiz testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further infonnation and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 503-715-2468 or at lvivw.tigard-ongov. nongU009.2010 ry vpftDdvim san sew disc 45 - file 9 0535 - 451fi0VurmaUanUM 1.09 hoo"ew me n disl 45 nnli-1 doe July 24, 2009 Proposed Sanitary Sewer Reimbursement District No. 45 (SW Hoodview Drive) At this meeting, City Council will be requested to form a sewer reimbursement district to provide your neighborhood with sewer service as described during the July 16, 2009, neighborhood meeting. There is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share is summarized in the attached tables. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report follotwing construction, in accordance with Resolution No. 01-46. Please note that this resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. Under Resolution No. 03-55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. In addition, the owner would be required to pay a connection fee, currently $3,635, at the time of connection to the sewer. Also, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. Hmng=D-2010 fir epftctlview son sew list 45- file # 0635 - 957601formatian55-11-09 reim disl45 teller na{kca f.#ac Attachment 4 25111CB01705 2S111CB01706 WESTBY, RICHARD S & DENISE M CIROTSKI, LAWRENCE L AND LAURA L 10275 SW HOODVIEW DR 10305 SW HOODVIEW DR TIGARD OR 97224 TIGARD OR 97224 2S111CB01707 25111CB01708 TAENNLER, ALFRED SKACH, JOSEPH R & 10290 SW HOODVIEW DR 10260 SW HOODVIEW DR TIGARD OR 97224 TIGARD OR 97224 2S111CB01709 25111CB01710 GUDEKUNST, NANCY & PETER MCKEE, TERRY & PRISCILLA ANN 10200 SW HOODVIEW DR 10195 SW KABLE TIGARD OR 97224 TIGARD OR 97224 2S111CB01711 2S111CB01712 SESNON, KAREN E & ROBERT H CARVER, WILLIAM A SUSAN M 10125 SW HOODVIEW DR 10155 SW HOODVIEW DR TIGARD OR 97224 TIGARD OR 97223 2S111CB01713 2S111CB01717 BOELLING, KAREN & FRIEDRICH, JOHN H AND 10185 SW HOODVIEW DR 10080 SW KABLE ST TIGARD OR 97224 TIGARD OR 97224 2S111CB01718 2S111CB01719 ANDERSON, ROGER F AND GIRAUD, GEORGE & PATRICIA L 10120 SW KABLE ST 10170 SW KABLE ST TIGARD OR 97224 TIGARD OR 97223 2S111CB01720 25111CB01734 FRASER, MICHAEL J MCKEE, TERRY D PRISCILLA 10210 SW KABLE ST 10195 SW KABLE ST TIGARD OR 97224 TIGARD OR 97223 2S111CB01735 2S111CB01736 SWITZER, KRISTEN C & CARL R DUNNE, KEVIN B AND SANDRA L 10310 SW HOODVIEW DR 10340 SW HOODVIEW DR TIGARD OR 97224 TIGARD OR 97224 2S111CB01737 25111CB01738 HARBOUR, KELLY CHWIRKA, STEVEN A 10370 SW HOODVIEW DR 10400 SW HOODVIEW DR TIGARD OR 97224 TIGARD OR 97224 2S111CB01739 2S111CB01740 STEVENS, LINDA SUE BOWEN, MARK A 10430 SW HOODVIEW DR 10460 SW HOODVIEW DR TIGARD OR 97224 TIGARD OR 97224 25111CB01741 NELSON, JAMES R & LINDAS 10455 SW HOODVIEW DR TIGARD OR 97224 25111CB01743 HUGEL, LIDUAN 10395 SW HOODVIEW DR TIGARD OR 97224 2S111CB01748 WONG, M MOOYUN 10335 SW HOODVIEW DR TIGARD OR 97224 25111CB01742 SMITH, STEPHEN R & CARLAJ 10425 SW HOODVIEW DR TIGARD OR 97224 2S111CB01744 ALFARO, CHARLIE N & 10365 SW HOODVIEW DR TIGARD OR 97224 Attachment 5 CITY OF TIGARD, OREGON RESOLUTION NO. 01- 4tV A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIM)BURSEM[ENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursemeut District Incentive Program an additional two years-through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. r, NOW, TIIEREFORE, BE IT RESOLVED by the Tigard City CouncH that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must Uo' completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does riot exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to tie connection fee; which is still payable upon application for RESOLUTION NO. 01-1 Page I sewer connection. SECTION 4.- The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section: 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: My 10, 2001 PASSED: This f - day of 2001. -4t-~ ATTEST. i Recorder - City of 'Pigard 1ACityMdeV?xs\Rcso]udon Revising the Neighbodwod Sewer Incentive Pmgram 7ayor Ci of 'and RESOLuriON NO.01-±(1 Page 2 f TABLEI I Reimbursement Districts with Refunds Available TIGARD ST.No.8 FAIRHAVEN STAVYNo.9 HILLVIEW ST No.l1 106" & JOHNSON No.12 100 ' & INEZ No. 1.3 WALNUT & TIEDEMAN No.14 BEVELAND&HERMOSA No.15 DELMONTE No,16 Q'MARA No.17 WALNUT& 121-Na.1a ROSE VISTA No-20 FEE PER LOT REIMBURSEMENT AV 5,193 No reimbursement available 4,500 No reimbursement bvailable 8,000 5,598 No reimbursement available 8.000 8,000 5.036 No reimbursement available 8.000 8,000 Amount to be rcimburaed will be determined once final costs are determined. INCENTIVE PERIOD ENDS July 11, 2003 July 11,2003 July 11,2003 July 11,2003 July 11,2003 Throo yaare from corvica availability being Attachment 6 CITY OF TIGARD, OREGON RESOLUTION NO. 63-_55_ A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIM93URSEM ENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO. 01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section L SECTION 4: Vacant lots that are partitioned, subdivided, or othenvise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under tlvs section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO. 03- Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION S: This resolution is effective innnediately upon passage. A PASSED: This day of Q: 2003. ATTEST: City Recorder - City of Tigard Craig E. Dirksen, Council President AttesVVFr<'G4evoGer-.emern . k:sYevlsfort:r>•s 111-48 aw 20 Woa k 03 cwnciMO-141M Witl- cores I Ad r Lia- RESOLUTION NO. 03- 55 Page 2 Attachment 7 COMMENTS Citywide Sanitary Sewer Extension Program Name or District No.; Hoodview SS Extension District # 45 - ~ e~~ "Y' Name Address & Phone would be appreccated f required. COMMENTS Citywide Sanitary Sewer Extension Program Name or District No.: Hoodview SS Extension District # 45 00D. P DI Name - Address & Phone would be appreciated but not required. COMMENTS Citywide Sanitary Sewer Extension Program Name or District No.: Hoodview SS Extension District # 45 Name - Address & Phone would be appreicated but not required. COMMENTS Citywide Sanitary Sewer Extension Program Name or District No.: Hoodview SS Extension District # 45 0 Name - Address & Phone would be appreicated but not required. COMMENTS Citywide Sanitary Sewer Extension Program Name or District No.: Hoodview SS Extension District # 45 i~ ~ C~ Oiec~. 7 lA~s a 1r) < U8, d mimed 0 Name - Address & Phone would be appreciated but not required. COMMENTS Citywide Sanitary Sewer Extension Program Name or District No.: Hoodview SS Extension District # 45 f Name - Address & Phone would be appreicated but not required. Attaclnnent 8 City of Tigard December 17, 2008 Richard S. & Denise M. Westby 10275 SW Hoodview Drive Tigard, OR 97224 RE: Sanitary Sewer Service You tray already know that the City is looldng at extending the public sanitary server line in your neighborhood. I would like to talk with you about your options. I can be reached by phone at 503-718-2469. My business card is enclosed for yoiu use if needed. I am in the office Monday through Thursday 8:00 AM to 5:00 PM and Fiiday from 5:00 to Noon. I would appreciatc a call from you at your earliest convenience. i Thank you, r, Reem I-halm, P.E. Project Engineer Capital Construction and Transportation 503-718- c: Vannie Nguyen, P.E., CIP Engineermia Manager Greg Berry, P.E., Project Engineer 'hc.a420082009 fy dpv-dviow sae uw dW 45 - fdc #00'5 - 05100kummunicaliunk9~rvnunicalion rnA9V • -ILy 10275 rx I-d icw - ph- W 12,11,0R.dne i 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov Formation of Sanitary Sewer Reimbursement District No. 45 SW Hoodview Drive August 11, 2009 R ~ n 1 Reimbursement District No. 45 ~ SW Hoodview Drive HOODVIEW DRIVE-REIMBURSEMENT DIST NO. 45 FY 2009-10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1/4 SECTION 11 T2S R1W W.M. 25 lots in the proposed district u i V0NITY MAP NTS 2 Meeting Conducted k ❖ Neighborhood meeting AConducted July 16, 2009 at Town Hall Staff reviewed project details with 12 owners in attendance ALot owners generally supported the project 3 Rei bursement District No. 45 oodview Drive ❖ Estimated total project cost:,, $647,904 ❖ Reimbursement Fee (Per Owner) x$1.6327 per square foot ❖ Incentive Program AReduced to $6,000 to the extent that it does not exceed $15,000 if connection is made within three years after service becomes available AAmount over $15,000 can be deferred upon request until development occurs 4 Reimbursement District No. 45 c SW Hoodview Drive ❖ In addition, each owner pays the following: x$3,635 connection and inspection fee which funds projects to increase the capacity of the system A $60 (average) service charge per two months for operation and maintenance of the entire system All costs to connect to the lateral installed through this project 5 Reimbursement District No. 45 `SW Hoodview Drive ❖ Project will be constructed this Fall ❖ Final costs will be based on actual construction costs plus 13.5% engineering and inspection fees Finalization of the district will be brought back to Council after all work is completed and actual costs are known ~ Staff Recommendation That Council approve the resolution forming Reimbursement District No. 45 SW Hoodview Drive AGENDA ITEM No. G Date: August 11, 2003 TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) CONSIDER A RESOLU'T'ION FORMING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 45 HOODVIEWDRIVE Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 6 PLEASE PRINT Date: August 11, 2009 Proponent - (Speaking In Favor) Opponent - (Speaking Against Neutral Narne, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # Meeting Date August 11, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Formation of Sari Sewer Reimbursement District No. 46 SW Ba for Stree 72nd Avenue Prepared By: G. Berry Dept Head Approval: City Mgr Approval: IssUE BEFORE THE COUNCIL, Shall City Council approve the formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Commercial Area Sewer Extension Program? STAFF RECOMMENDATION Approval, by motion, of the attached resolution forming the Reimbursement District. KEY FACTS AND INFORMATION SUMMARY The proposed project would provide sewer service to 38 lots along SW 72"' Avenue and east along SW Baylor and Clinton Streets. * Through the City's Commercial Area Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. On November 18, 2008, City Council discussed the proposed formation of the district. As mentioned in the attached October 28, 2008, memorandum to City Council, this project was initially proposed by an owner who collected signatures from 11 of 15 nearby owners interested in the project. The owner of five lots near Clinton and SW 72"' has also expressed interest in the project. These five lots are included in an approved land use permit for development by Lampus Development. To serve a wider area and provide a more comprehensive approach to providing sewer in that portion of the Triangle, the proposed district was expanded to serve 38 lots. In the attached August 5, 2008 letter, city staff surveyed the remaining owners by mail. In summary, out of 38 lots, owners of 26 of the lots expressed interest in the project, 5 expressed no interest, and 7 did not respond. The Commercial Area Sewer Extension Program was authorized by City Council on November 25, 1997, through Resolution No. 97-49. The purpose of the program is to provide sewer service to commercial areas through Chapter 13.09, Reimbursement Districts, of the (TMq Tigard Municipal Code. Unlike the Neighborhood Sewer Extension Program, the sewer districts formed in commercial areas are not offered the incentives available to residential neighborhoods through Resolution Nos. 01-46 and 03-55. On June 11, 2009, staff held a meeting for owners in the proposed district to review the project procedure, construction schedule and estimated costs. Of the 32 invited owners, 19 were represented at the meeting. Two comment cards were submitted by owners and are attached. Another owner asked for and was provided, a written summary of points covered during the meeting. One owner stated that the proposed sewer was of little benefit to the residential owners yet they would have to deal with the disruption caused by construction. This owner also doubted that there was much residential owner support for the project. • Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. • If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. • Another resolution to finalize the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS The proposed Reimbursement District meets Goal No. 1, "Implement Comprehensive Plan", by furthering Comprehensive Goal 11.3, "Develop and maintain a wastewater collection system that meets the existing and future needs of the community". ATTACHMENT LIST Attachment 1- Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Attachment 2- Vicinity Map Attachment 3- Notice to Owners Attachment 4- Mailing List Attachment 5- October 28, 2008 memorandum to City Council Attachment 5,1- Resolution 97-49 Attachment 5,2- Vicinity Map Attachment 5,3- July 1, 2008 letter from owner requesting sewer service Attachment 5,4- August 5, 2008 letter to owners Attachment 6- Written comments from June 11, 2009 Neighborhood Meeting FISCAL NoTEs The estimated cost of the project is $492,381. This amount includes the estimated cost of construction plus an amount for administration and engineering as defined in TMC 13.09.040(1). Funding is by unrestricted sanitary sewer fiends. li©np12D09-2016 fy c1pU)nylor 72nd wa mn mw mlmbumemnnl dd filo 06ZOVc=a0a"5 &11-0D Naylor 72nd ralm dint 40 ah.doa CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 46 (SW BAYLOR STREET AND 72ND AVENUE) WHEREAS, the City has established the Commercial Area Sewer Extension Program to extend public sewers to commercial and industrial areas and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the property owners of proposed Sanitary Server Reimbursement District No. 46 (SW Baylor Street, 72nd Avenue) have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 46," attached hereto as Exhibit A, is hereby approved. SECTION 2: A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described in Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 46." SECTION 3: Payment of the reimbursement fee, as shown in Exhibit A, is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4: An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5: The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. SECTION 6: This resolution is effective immediately upon passage. RESOLUTION NO. 09 - Page 1 PASSED: This day of 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard i \eng\2!109-2D10 £y cip\baylor 72nd ave san sew reimbum=mt dirt He 0658\Eoxmidon\8-11-09 baylor 72nd dist 46 ms.doc RESOLUTION NO. 09 - Page 2 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 46 (SW Baylor Street, 72nd Avenue) Background This project will be constructed and funded under the City of Tigard Commercial Area Sewer Extension Program. Under the program, the City of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the server, the owner would pay a connection fee, currently $3,635, and reimburse the City for a fair share of the cost of the public server. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners ate responsible for disconnecting their existing septic systems according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the 38 lots in the following table will require extending an existing sewer north along SW 72nd Avenue. Only lots on the east side of SW 72nd Avenue are included in the district since lots on the west side are currently served by a line along Red Rock Creek. The proposed district will provide service to the lots adjacent to the proposed Tigard Triangle Local Improvement District No. 1. The proposed project would provide sewer service to a total of 38 lots within tlhe proposed reimbursement district as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the 38 lots is $433,816. Engineering and inspection fees amount to $58,565 (13.50/1)) as defined in TMC 13.09.040(1). The estimated total project cost is $492,381. This is the estimated amount that should be reimbursed to the sanitary server fund as properties connect to the sewer and pay their fair share of the total amount. Unlike the Neighborhood Seaver Extension Program, the actual amount that each property owner pays is not subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be required to pay a connection and inspection fee, currently $3,635, upon connection to the public line. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All but two of the southernmost properties in the proposed district are zoned MUE. The remaining two properties are zoned C-G but are currently proposed to be part of a development which will include three other properties within the proposed district. Exhibit A Pagel of 4 Consequently, applying the same method of assigning costs to all lots within the district is proposed. Lot size varies from about 6,200 to 41,000 square feet as can be seen in the following list of lots. Therefore, it is recommended that the total cost of the project be divided among the properties proportional to the square footage of each property. Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's estimated fair share of the public sewer line is $0.720 per square foot of lot served. Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed With an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in Tigard Municipal Code {TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the server would no longer be required to pay the reimbursement fee. Submitted July 28, 2009 S Q ! r ~'rL stin P. Duenas, P.E. City Engineer [ALnpMOS-2010 fy rap7Daylar 72nd 4w sqn Saw Mimhursement list file 9G5a9a=UonU-1S•a9 haylar 7Z1h av relm list 45 mpart ea mdae Exhibit A Page 2 of 4 BAYLOR STREET 172nD AVENUE Reimbursement District No. 46 Es timated Cost to Pronerty Owners May 22, 2009 OWNER SITE ADDRESS CITY ZIP MAILING ADDRESS CITY ZIP TAX LOT ID AREA (S.F.) AREA (AC) ESTIMATED REIMBURSEMENT FEE BEACH DAYLE D EVELYN O 11530 SW 72ND AVE TIGARD OR 97223 11530 SW 72ND AVE TIGARD OR 97223 IS136DA02100 39645,44 0.910 $28,561 GORGER RICHARD AIMOLLY J 11515 SW 70TH AVE TIGARD OR 97223 PO BOX 230725 TIGARD OR 97261 1SI36DA02200 24784.07 0.569 $17,855 HARRIS FRED L HARRIS 111540 SW 70TH AVE TIGARD OR 97223 11540 SW 70TH TIGARD OR 97223 1S135DD01600 13523.60 0.310 $9,743 ALCORN FAMILY TRUST 11550 SW 72ND AVE TIGARD OR 97223 19325 SW ROSA RD ALOHA OR 97007 1S136D000300 21804.79 0.501 $15,709 GENTEMANN PHILIP M REV LIV TRUST 7105 SW BAYLOR ST TIGARD OR 97223 2137 MARYLWOOD CT WEST LINN OR 97068 1 S136DC00101 41157.16 0.945 $29,650 LEISER ANNE TRUSTEE 7021 SW BAYLOR ST TIGARD OR 97223 6009 SW PENDLETON CT PORTLAND OR 97221 IS136DC00100 31228.34 0.717 $22,498 CARL H JOHNSON FAMILY L P II VACANT TIGARD OR 97223 8965 SW BURNHAM TIGARD OR 97223 1S136DD01702 8691.13 0.200 $6,261 ALCORN FAMILY TRUST 11580 SW 72ND AVE TIGARD OR 97223 19325 SW ROSA RD ALOHA OR 97007 1S136D000400 11320.00 0.260 $8,155 ROTH J T JR & THERESA A 7135 SW BAYLOR ST TIGARD OR 97223 12600 SW 72ND AVE STE 200 TIGARD OR 97223 IS13611CO0200 24362.23 0.559 $17,551 LAW JOHN C 6945 SW BAYLOR ST TIGARD OR 97223 6945 SW BAYLOR ST TIGARD OR 97223 1S136DD01701 16420.56 0.377 $11,830 BUEHLER JAMES D & MELISSA S 7175 SW BAYLOR ST TIGARD OR 97223 31325 SE Victory Rd Troutdale OR 97060 1S136D000301 14994.54 0.344 $10,802 AMACHER JUANITA AND 11680 SW 72ND AVE TIGARD OR 97223 12060 SW ROSE VISTA DR TIGARD OR 97223 IS136DC03100 14202.97 0.326 $10,232 HORNE ROBBIE L TRUST 7160 SW BAYLOR ST TIGARD OR 97223 7160 SW BAYLOR ST TIGARD OR 97223 1 S136DC03000 14219.92 0.326 $10,244 KOCH ROBERT J 7130 SW BAYLOR ST TIGARD OR 97223 7130 SW BAYLOR ST TIGARD OR 97223 1S136OC02900 18722.94 0.430 $13,488 SALIMENA JOHN A ET AL 7100 SW BAYLOR ST TIGARD OR 97223 7100 SW BAYLOR TIGARD OR 97223 1813GDC02800 24673.21 0.556 $17,775 COE KENNETH A 7070 SW BAYLOR ST TIGARD OR 97223 7070 SW BAYLOR ST PORTLAND OR 97223 1S136DC02700 18723.00 0.430 $13,488 CATALINA DEVELOPMENT LLC TAHA AL-M 7040 SW BAYLOR ST TIGARD OR 97223 14630 SW CATALINA DR TIGARD OR 97223 1 S136DC02701 18960.04 0.435 $13,659 SCHULTZ MARK EDWARD 7010 SW BAYLOR ST TIGARD OR 97223 7010 SW BAYLOR ST TIGARD OR 97223 IS1260CO2600 19196.87 0.441 $13,830 72ND AVENUE PROPERTY LLC 11720 SW 72ND AVE TIGARD OR 97223 11720 SW 72ND AVE TIGARD OR 97223 IS1361DC03200 14276.21 0.328 $10,285 CASSINELLI RICHARD E 11750 SW 72ND AVE TIGARD OR 97223 11720 SW 72ND AVE TIGARD OR 97223 15136DC03300 14292.54 0.328 $10,297 WINKLER ROBERT G 11745 SW 70TH TIGARD OR 97223 11745 SW 70TH TIGARD OR 97223 1S136DC03500 14274.81 0.328 $10,284 PETERS ARDEN & SHIRLEY TRUST 7135 SW CLINTON ST TIGARD OR 97223 7135 SW CLINTON ST TIGARD OR 97223 1S136DO03503 14999.90 0.344 $10,806 MONFARED FARSHAD & 7105 SW CLINTON ST TIGARD OR 97223 16879 SW KOLDING LN BEAVERTON OR 97007 1S136DC03507 14999.91 0.344 510,806 DORTON CHARLIE R AND 7075 SW CLINTON ST TIGARD OR 97223 7075 SW CLINTON STREET TIGARD OR 97223 1S136DC03509 14999.89 0.344 $10,806 JACKSON FAMILY LIVING TRUST 7045 SW CLINTON ST TIGARD OR 97223 7D45 SW CLINTON ST TIGARD OR 97223 1S136DC03510 14999.90 0.344 $10,806 ZIESART DOUGLAS G & MARY 11 780 SW 72ND AVE TIGARD OR 97223 12521 SW 61ST PL PORTLAND OR 97219 1S136DC03400 14308.87 0.328 510,308 YOON SUNG & HAE 7015 SW CLINTON ST TIGARD OR 97223 7015 SW CLINTDN ST TIGARD OR 97223 IS135DC03505 13692.64 0.314 $9,864 CONNET CHRISTOPHER JOHN 11810 SW 72ND AVE TIGARD OR 97223 11810 SW 72ND AVE TIGARD OR 97223 1S136DC03501 14334.84 0.329 $10,327 MYERS FAMILY LLC 7020 SW CLINTON ST TIGARD OR 97223 5 CENTERPOINTE DR 4280 LAKE OSWEGO OR 97035 IS135DC03500 21817.42 0.501 $15,718 TLB LLC 11860 SW 72ND AVE TIGARD OR 97223 PO BOX 25715 PORTLAND OR 97298 1S135DC04100 14539.55 0.334 $10,475 MARY MALETIS 2 I.I.C. & JIM LAMPUS 7140 SW CLINTON ST TIGARD OR 97223 PO Box 25716 PORTLAND OR 97298 1S136DC04000 15330.95 0.352 $11,045 FARZA JAVAD 7110 SW CLINTON ST TIGARD OR 97223 7110 SW CLINTON ST TIGARD OR 97223 IS135DC03900 15351.93 0.352 S11,050 IMPERIAL INVESTMENT PROPERTIES L CF70BO SW CLINTON ST TIGARD OR 97223 PO Box 1861 LAKE OSWEGO OR 97035 1S136DC03600 15372.90 0.353 $11,075 MYERS FAMILY LLC 7050 SW CLINTON ST TIGARD OR 97223 FIVE CENTERPOINTE OR #280 LAKE OSWEGO OR 97035 1 S136DC03700 15393.88 0.353 511,090 TL8 LLC VACANT TIGARD OR 97223 PO BOX 25716 PORTLAND OR 97298 1S135DC04200 14435.97 0.331 $10,400 TLB LLC 11930 SW 72ND AVE TIGARD OR 97223 PO BOX 25716 PORTLAND OR 97298 1S136DC04300 20032.09 0.460 $14,432 TLB LLC 11990 SW 72ND AVE TIGARD OR 97223 PO BOX 25716 PORTLAND OR 97298 1S136DC04402 23134.92 0.531 $16,667 WAGAR CREDIT SHELTER TRUST 6980 SW BAYLOR TIGARD OR 97223 14845 NW RIDGETOP CT BEAVERTON OR 97006 IS136DD02000 6243.00 0.143 $4,498 Totals 683463 15,69 $492,381 The "estimated reimbursement fee" column shows the estimated cost each owner is required to pay to Connect to the sewer. There are no requirements to connect to the sewer or pay any fees until the owner decides to connect to the sewer. The final reimbursement fee will be determined once construction is complete and final costs are determined. PAGE 3 OF 4 BAYLOR STREET 172ND AVEVENUE Reimbursement District No. 46 Estimated Cost to Property Owners Summary May 22, 2009 Estimated Construction Cost $377,231 15% contingency (construction) $56,585 Estimated construction subtotal $433.816 13.5% contingency (Adrnin & Eng) $58,565 total project costs $492,381 total area to be served (S.F.) 683,463 total cost per S.F. to property owner $0.72042057 PAGE 4OF4 CL M F-- x LLJ Ld N 72ND AVE in U) LLJ ¢o w o o ~ p P 0 n Q (n Pp ~ J N 0 tn<L' M w p ~ Ld ~ am j~ ~2 LLU)~(D t2 z W 0.2 Ir0 0w m r- wi -J - 1AIIF ROTH, J T JR & THERESA A 7135 SW BAYLOR ST 1S136DC00200 MUE M 0 a M ck: 0 J a M <o ~pa -3 n0 U f~ V Nn Q 47~ J Lr) 4 MUE GENTEMANN, PHILIP M REV LIV TRUST 7105 SW BAYLOR ST 1S136DC00101 Ja0 W n! D- p N 0 r p Q In V') 'gain c ~ r- w m MUE w d > MUE Q 0 ' 0 ' 4 U>-Oo'N O J n LEISER, ANNE TRUSTEE Q M La U) 7021 SW BAYLOR ST bi 0 M ' 1S136DC00100 Of Ln 0 c~ MUE MUE 70TH AVE cn r -0 0 a. r- =:0 vi¢0p ItJ r~, U p J L) Z Q v1 zy 0<6 QT- Lo VM =0N~2 WO In (if Q 'M0 Q - E MUE MUE 7 MUE Q BAYLOR ST/72ND AVE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 46 FY 2008-09 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1 /4 NE 1/4 SECTION 1 T2S R1W W.M. NOTE: All properties in the reimbursement district are zoned C-G OR MUE EXHIBIT B 2 NTS BAYLOR ST/72ND AVE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 46 FY 2008-09 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1 /4 NE 1/4 SECTION 1 T2S R1 W W.M. 72ND AVE I_ 0 Z L w ¢ o m: > cn W © ' AMACHER, JUANITA & ¢N ¢0 00 o0 o¢o < ¢o ¢¢0 L~¢o BRIEN, KENNETH 00 0° c~1 ~0 JNtr I v rates ~o ©0 C 0 =or, N mL9N w N 11680 SW 72ND AVE 3 r V ~C'a gnu r m gy A¢rU a O n00 ~ < L) 1S136DC0 100 MUE - n m~c° m mo ~M ~ ~Nr~ = p oa~c°o ROBBIE HORNE n ~u)rri ° N ~~rry C3 1 0 to 00 L a in o ur m L z o cn z0 ~ N cr 0 in , L TRUST r r- - UE - MUE Z o ° 0 cam n in to r- a cv ~ 7160 SW BAYLOR ST r ¢ 1S136DC03000 0 MUE MUE v MUE MI-E MUE C-G MUE MARY MALETIS 2 LLC 7140 SW CLINTON ST PETERS, ARDEN KOCH, ROBERT J 1S136DC04000 (10 & SHIRLEY TRUST 7130 5W BAYLOR ST MUE 7135 SW CLINTON ST 1S136DC02900 1S136DC03508 MUE MUE FARZA, JAVAD 7110 SW CLINTON ST Z MONFARED, FARSHAQ SALIMENA JOHN 1S136DC039DD & FARIBA , A ET AL MUE 0 7105 SW CLINTON ST 15136DC03507 710Q LOR ST IMPERIAL INVESTMENT Z MUE 1S136DC02800 MUE PROPERTIES L J DORTON, CHARLIE R 7080 5W CLINTON ST C„) & LINDAL COE, KENNETH A 1S136DC03800 7075 SW CLINTON ST 7070 SW BAYLOR ST MUE 1S136DC03509 MU 1S136DC02700 MUE MYERS FAMILY LLC JACKSON FAMILY 7050 SW CLINTON ST LIVING TRUST CATALINA DEVELOPMENT LLC 1S136DC03700 7045 SW CLINTON ST 0 7040 SW BAYLOR ST MUE MUE 15136DC03510 W o,° 15136DC02701 0 o MUE MYERS FAMILY LLC YOON, SUNG & H AE `h U C u, SCHULTZ MARK EDWARD 7020 SW CLINTON ST 7015 SW CLINTON T L , 7010 5W BAYLOR 5T 1S136DC03600 15136DC03506 Y f w 15136DC02600 Z MUE MUE MUE $ MUE 70 TH AVE NOTE: All properties in the reimbursement district are zoned C-G OR MUE WAGAR CREDIT SHELTER TRUST 6980 SW BAYLOR ST 1S136DD02000 c1q Q m Ck~ F- 0 = J X Q ~ Im iW T z m >G Ld BAYLOR ST/72ND AVE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 46 FY 200910 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1 /4 NE 1 /4 SECTION 1 T2S R1 W W.M. in 72ND A VE 0 a 0 70 A VE o z ml 1a 69TH AVE z 0 z U \L--LL 68TH PKWY 68TH PKWY 68TH PKWY VICINITY MAP NTS Attachment 3 July 24, 2009 NOTICE Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, August 11, 2009 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 WILL CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 46 (SW Baylor Street, 72nd Avenue) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW Baylor and Clinton Streets and SW 72nd Avenue. Botb prtblic oral and ivritten tenivrofy is inviter. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from tiie Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 503-718-2468 or at wtivw.tigard-or.gov. L: np1Z000-2010 ty ciplbaylur 72nd aye San sew ralmhumemenl dist file 0655Vanna11anU1.11.09 Baylor 72nd disl 40 nnUco t.doc July 24, 2009 Proposed Sanitary Sewer Reimbursement District No. 46 (SW Baylor Street, 72'4 Avenue) At this meeting, City Council will be requested to form a sewer reimbursement district to provide your neighborhood with sewer service as described during the Junel1, 2009, neighborhood meeting. There is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share is suminarized in the - attached tables. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution No. 01-46. Please note that this resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if die final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. Under Resolution No. 03-55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. In addition, the owner would be required to pay a connection fee, currently $3,635, at the time of connection to the sewer. Also, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. lAenpVC(19-2818 fy apWayler 72nd a san sew reimbursement dirt rile 885BUcrmallvW-11-09 haylar 72nd mim dish 46 letter nul]m 1.dac Attacluuent 4 1S136DC03200 1S136DC00300 72ND AVENUE PROPERTY LLC ALCORN FAMILY TRUST 11720 SW 72ND AVE 19325 SW ROSA RD TIGARD OR 97223 ALOHA OR 97007 1S136DC03100 AMACHER JUANITA AND 12060 SW ROSE VISTA DR TIGARD OR 97223 1S136DC00301 BUEHLER JAMES D & MELISSA 5 31325 SE Victory Rd Troutdale OR 97060 1S136DC03300 CASSINELLI RICHARD E 11720 SW 72ND AVE TIGARD OR 97223 1S136DC02700 COE KENNETH A 7070 SW BAYLOR ST PORTLAND OR 97223 1S136DC03509 DORTON CHARLIE R AND 7075 SW CLINTON STREET TIGARD OR 97223 1S136D000101 GENTEMANN PHILIP M REV LIV TRUST 2137 MARYLWOOD CT WEST LINN OR 97068 1S136DD01600 HARRIS FRED L HARRIS 11540 SW 70TH TIGARD OR 97223 1S136DC03800 IMPERIAL INVESTMENT PROPERTIES L CHARLES TAYLOR PO Box 1861 LAKE OSWEGO OR 97035 15136DC02900 KOCH ROBERTJ 7130 SW BAYLOR ST TIGARD OR 97223 1S136DA02100 BEACH DAYLE D EVELYN 0 11530 5W 72ND AVE TIGARD OR 97223 1S136DD01702 CARL H JOHNSON FAMILY L P II 8965 SW BURNHAM TIGARD OR 97223 1S136DC02701 CATALINA DEVELOPMENT LLC TAHA AL-MADANI 14630 SW CATALI NA DR TIGARD OR 97223 1S136DC03501 CON NET CHRISTOPHER JOHN 11810 SW 72ND AVE TIGARD OR 97223 1S136DC03900 FARZA JAVAD 7110 SW CLINTON ST TIGARD OR 97223 1S136DA02200 GORGER RICHARD A/MOLLY J PO BOX 230725 TIGARD OR 97281 1S136DC03000 HORNE ROBBIE LTRUST 7160 SW BAYLOR ST TIGARD OR 97223 1S136DC03510 JACKSON FAMILY LIVING TRUST 7045 SW CLINTON ST TIGARD OR 97223 1S136DD01701 LAW JOHN C 6945 SW BAYLOR ST TIGARD OR 97223 1S136D000100 1S136DC04000 LEISER ANNE TRUSTEE MARY MALETIS 2 LLC & JIM LAM PUS 6009 SW PENDLETON CT PO Box 25716 PORTLAND OR 97221 PORTLAND OR 97298 1S136DC03507 IS136DC03700 MONFARED FARSHAD & MYERS FAMILY LLC 16879 SW KOLDING LN 7050 SW CLINTON ST BEAVERTON OR 97007 TIGARD OR 97223 15136DC03508 1S136DC00200 PETERS ARDEN & SHIRLEY TRUST ROTH J TJR & THERESA A 7135 SW CLINTON 5T 12600 SW 72ND AVE STE 200 TIGARD OR 97223 TIGARD OR 97223 1S136DC02800 1S136DC02600 SALIMENA JOHN A ET AL SCHULTZ MARK EDWARD 7100 SW BAYLOR 7010 SW BAYLOR ST TIGARD OR 97223 TIGARD OR 97223 1S136DC04100 1S136DC04200 TLB LLC TLB LLC PO BOX 25716 PO BOX 25716 PORTLAND OR 97298 PORTLAND OR 97298 1S136DD02000 1S136DC03500 WAGAR CREDIT SHELTER TRUST WINKLER ROBERTG 14845 NWAIDGETOP CT 11745 SW 70TH BEAVERTON OR 97006 TIGARD OR 97223 15136DC03506 1S136DC03400 YOON SUNG & HAE ZIEBART DOUGLAS G & MARY 7015 SW CLINTON ST 12521 SW 61ST PL TIGARD OR 97223 PORTLAND OR 97219 Attachment S MEMORANDUM TO: Mayor and City Councilors Craig Prosser, City Manager FROM: Gus Duenas~v~ City Engineer RE: Proposed Colm-nercial Area Setver.Reimbursement Disttict SW Baylor Street and 72nd Avenue DATE: October 28, 2008 On November 25, 1997, City Council approved Resolution No. 97-49 (Attacl-u-nent 1) establishing the Cortunercial Area Sewer Extension Program. The purpose of the program is to provide sewer sendce to commercial areas through Chapter 13.49, Reimbursement Districts, of the (TMC) Tigard Municipal Code Unlike the Neighborhood Sewer Extension Program, the sewer districts formed in commercial areas are not offered the incentives available to residential neighborhoods. Because the connections to server are typically part of commercial development, the lots will have to pay the full share of server installation costs upon application for connection. Except for d-is distinction, all other requirements for these districts are as outlined in Chapter 13.09 of the TMC. We are considering the establishment of a corrrmercial area sewer reimbursement district in the Tigard Triangle to extend sewer to commercial lots. As shown on the attached snaps (Attachment 2), the proposed project could serve as many as 38 commercial lots east of SW 72nd Avenue and along SW Baylor and Clinton Streets. This project, combined lvith the sewer proposed for die Tigard Triangle LID No. 1, would sere=e almost the entire area east of SW 72nd Avenue. This memorandum is to let you know that eve plan to submit this proposed project to Council for district formation and eventual construction of the improvemersts. This project was initially proposed by an owner who collected signatures from 11 of 15 nearby owners interested in the project (Attachment 3). The owner of five lots near Clinton and SW 72nd has also expressed interest in the project. These five lots are included in an approved land use permit for development by Lampus Development. To serve a wider area and provide a more comprehensive approach to providing sewer in that portion of the Triangle, we enlarged the district to potentially serve 38 lots. City staff surveyed the remaining owners by mail (Attachment 4). Below is the combined summary of owner interest. Interested in the project 21 Lots Not interested 5 Lots No response 7 Lots Lampus Development 5 Lots Total 38 Lots The next step in this process is to retain a consultant to prepare a preluninary design and cost estimate for the proposed project. This is to verify the feasibility of serving the lots shown in the proposed district, and to provide die overall costs for the project. The owners will then be invited to a meeting to discuss project details and offer comments. As with all reimbursement districts, formation of the district will require Council approval following an informational hearing. The owner meeting is expected to be held sometime in January 2009. Council will be requested to form the district in February so that the project may be constructed during the summer. Attachments 1. Resolution No. 97-49 2. Proposed District Maps (2.1 and 2?) 3. Centurion Homes Request with Petition Attached 4_ Letter dated August 5, 2005 from the City to Lot Owners 1:1en~Y~scOYefrldtinc+nenf dU la,. jaPla: sl and 72M$143-01 72nd mim dlsl mom doc Attachment 5,1 CITY OF TIGARD, OREGON RESOLUTION NO. 97- 4[j A RESOLUTION ESTABLISHING THE COMMERCIAL AREA SEWER EXTENSION PROGRAM WHEREAS, on May 10, 1994, Tigard City Council approved Ordinance No. 94-I0, repealing Tigard Municipal Code Chapter 13.08, Street, Sewer, and Water Improvements; and adding Chapter 13,09, Reimbursement Districts; and WHEREAS, on June 13, 1995, Tigard City Council, by motion, approved the Capital Improvement Program for FY 1995-96, which included funding to establish the Neighborhood Sewer Extension Program; and WHEREAS, the Neighborhood Sewer Extension Program extends public sewers to residential neighborhoods and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on April 9, 1996, Tigard City Council approved Ordinance 96-13, updating Tigard Municipal Code Chapter 13.09; and WHEREAS, on June 24, 1997, Tigard City Council, by motion, approved the Capital Improvement Pxogram for FY 1997-98, which again included funding under the Sanitary Sewer Fund for the Neighborhood Sewer Extension Program; and WHEREAS, the Tigard City Council finds that the funding of sewer reimbursement districts should be extended to commercial areas as well as residential neighborhoods. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Commercial Area Sewer Extension Program is hereby established to extend sanitary sewer service to commercial areas. SECTION 2: Recovery of costs for installing sanitary sewers under this program will be through Reimbursement Districts in accordance with TMC Chapter 13.09. SECTION 3: The funding provided in the FY 1997-98 - Capital Improvement Program for the Neighborhood Sewer Extension Program will be the funding. source for both the Neighborhood Sewer Extension Program and the Commercial Area Seiner Extension Program. RESOLUTION NO.97- n-~ q Page 1 SECTION 4: Should the funding required for proposed projects exceed the funding available, priority will be given to projects in residential neighborhoods. PASSED: This5 r day of ~Lom L 1997. ATTEST: 1 City Recorder - City of Tigard h%drywidelcslcuextp.srs Wyw - City of Tigard RESOLUTION NO. 97-- Page 2 2ND, BAYLOR & CLI-NTON STREET DISTRICT NO. XX FY 2008-09 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1 /4 NE 1 /4 SECTION I T2S R l W W.M. 68Th' PKWY PROPOSED DISTRICT NTS rt Attaclunent 5,3 CENTURION it;0 % iI S July 1. 2008 Agustin P. Duenas, City Engineer City of Tigard 13125 Sid Hall Blvd. Tigard. OR 97223 As a property mti mer at 7105 SW Baylor Street I request tliat the city initiate forming a sanitary sewer reimbursement district in accordance with TMC Chapter 13.09 to extend sanitary sewer north on 72'd Avenue from Clinton to SW Baylor Street and then east up SW Baylor Street to the intersection of SW Baylor Street and SW 701x` Avenue. Please find enclosed: (1) A petition signed by eleven of the fifteen property owners expressing an interest in being provided sanitary sever service and requesting additional information (2) A snap showing the proposed sewer extension and the affected properties (3) A list of the affected property owners, the property addresses and the owners trailing address (4) A draft resolution to form the reimbursement district. As I receive answers back from the remaining property owners, I will forward their signatures to you. If you have any questions or need additional information, please don't hesitate to contact me at (503)620-2047 or c-mail me at nhilr?.centurionhomes_net. Sincerely, Philip M. Gentemann t' l GCc: Kim S. McMillan, P.E. 7,3.5 51W GO-57Jg2 St Suicr 1011 ;F!i <.iiT ~i~," P.. .r ii.' pti, r.4' • ns: t: .:•t: Pia;: ionR:p; r,Ys BY SIGNING BELOW, 1 AM EXPRESSING AN INTEREST IN'BEING PROVIDED WITH SANITARY SEWER SERVICE AND REQUEST ADDITIONAL INFORMATION PLEASE INDICATE IF YOUR HOUSE HAS A BASEMENT PRINT NAME PROPERTY ADDRESS SIGNATURE BASEMENT Y OR N) IA -f n~o -rck\v, NL m~AA /~W'~tV -qoLto 1 `t O Yt ~ 61 0 S C~ a. -7-' Zo 7135 5 y 5-1-, s S Lr. G• .iJC~LL~-- / ~ J 4-'r 1✓~+-L~~Lc"L~ ~'/fil•Li:...~1•y4 J~'~ '1 BY SIGNING BELOW, I AM EXPRESSING AN INTEREST IN BEING PROVIDED WITH SANITARY SEWER SERVICE AND REQUEST ADDITIONAL INFORMATION PLEASE INDICATE IF YOUR HOUSE HAS A BASEMENT PRINT NAME PROPERTY ADDRESS SIGNATURE BASEMENT (Y OR N) 72,7E Pyi~ ~c II ?Z© 7~ R✓'ruu V 7 SD Su 7W Al BY SIGNING BELOW, I AM EXPRESSING AN INTEREST IN BEING PROVIDED WITH SANITARY SEWER SERVICE AND REQUEST ADDITIONAL INFORMATION PLEASE INDICATE IF YOUR HOUSE HAS A BASEMENT PRINT NAME PROPERTY ADDRESS SIGNATURE BASEMENT Y OR N) 1 11 0 S L-L/ ~~tJ ~[7 ~r f i I J RACIIt tcNo>trt~~~rts~'1'rrt En v ro r et d n4 G S j Features Subject Property: IS1360A `Rs; 902, 2100, 221 1S136DC TLs; 100, 101, 206 f 300, 301, 100, 2600, 2700, 27t I 2800, 2900, 3000, 3100, 3201 3300, 3400, 3501 Tigard, OR 97223 Washington County ---BAYLUR-fin j ;tl r z: i III c,1I , I i-J I C j~ J I I S ~ S~I I }I,1 l F i -TI f 7-1 I I Ins ~J `r L~ U3 , Key Features Urban Growth Bounda Urban Growth Area Park Cemetery Golf Course Community centers Flood Plains f ' Watlands Major Rivcrs & LaKet All River Shading All River Linework Stream Route. s Attachment 5,4 City of Tigard, Oregon August 5, 2005 O 13125 SAKEHall Blvd. - Tigard, OR 97223 Proposed Sanitary Sewer Roiinbursei- ent District Owners of lots east of SW 72nd Avenue and along Baylor have expressed an interest in a City project to extend a sewer to their lots. This server could be further extended along SW Clinton Street and SW 70th Avenue to serve a wider area including your lot. If a majority of the lot owners along the proposed extension of the sewer express interest, we may enlarge the district to hiclude those lots. All lots that. can be served by the sewer extension will be included in the district. The sewer would be constructed dxrough the City's Commercial Area Extension Program. The City would install public servers to each lot within a Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public server at the time of connection to the server: There is no requirement to connect to the sewer or to pay any fees until the owner chooses to connect to the server. The project will not cause any liens. In addition, each owner would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. The extent of the proposed project hill depend upon owner support of the project. Owners will have an opportunity to express their interest in the project after the estimated cost to the owners is available. Currently, you and the other owners are asked to mark and return the enclosed self-addressed postage paid post card indicating wlvch response best express your interest in the project. You are also encouraged to provide additional comments either on this post card or separately as indicated below. Please return post card. by August 14, 2005. Questions or additional comments may be sent to: Greg Berry, P.E., Project Engineer Community Development Department 13125 SW Hall Boulevard Tigard OR 97223 503-718-2468, greg(cHgard-or.gov [:lcm}~jrrp4cunteu~:emem fthle. aylos sl avl 72nftmty ng Old= Phone: 503.639.4171 a Fax: 503.684.7297 . o www.tigard-or.gov a 7TYRelay: 503.684.2772 E61sy Peel Labels A Use Avery©TEMPLATE 5961 TM Feed Paper 'BEACI I DAYLE D EV=YIN O 11530 SW 72ND AVE TIGARD, OR 97223 HARRIS FRED L HARRIS 11540 SW 70TH TIGARD, OR 97223 CAIN. H JOHNSON FAMILY L P II 8965 SW BURNHAM TIGARD, OR 97223 LAW JOHN C , 6945 SW BAYLOR ST TIGARD, OR 97223 WINEMER ROBERT G 11745 SW 70TH TIGARD, OR 97223 MONFARED FARSHAD & 16579 SW ICOLDING LIB BEAVERTON, OR 97007 JACKSON FAIvIILY LIVING TRUST 7045 SW CLINTON ST TIGARD, OR 97223 MYERS FAMILY LLC 5 CE NITERPOINTE DR #280 LAKE OSWEGO, OR 97035 FARZA JAVAD 7110 SW CLINTON ST TIGARD, OR 97223 MYERS I-AMILY LLC FIVE CENTERPOINTE DR #280 LADE OSWEGO, OR 97035 Etiquettes faciles a peler A Utilisez le gab arit AVERY 596'["" Sens.de chargement See Instruction Sheet ~~~p5961T~^ ; e for Easy Peel Feature GORGER RICHARD A/MOLLY] PO BOA 230725 TIGARD, OR 97251 ALCORN FAMILY TRUST 19325 SW ROSA RD ALOHA, OR 97007 ALCORN FAMILY TRUST 19325 SW ROSA RD ALOHA, OR 97007 WAGAR CREDIT SHELTER TRUST 14845 NW RIDGETOP CT BEAVERTON, OR 97006 PETERS ARDEN & SHERLEY TRUST 7135 S%V CLINTON ST TIGARD, OR 97223 DORTON CFLARLIE R AND 7075 SW CLINTON ST TIGARD, OR 97223 YOON SUING & HAE 7015 SW CLINTON ST TIGARD, OR 9722-3 MARY MALE TIS 2 LLC 2338 SW MADISON ST PORTLAND, OR 97205 INIPERL,IL INVEST1lNEENT PROPERTIES L 5255 SW MEADOWS RD ##369 LAI" OSWEGO, OR 97035 Consultez la feuille www.averycom d'instruction 1-800-GO-AVERY COMMENTS Attachment G Citywide Sanitary Sewer Extension Program Name or District No.: Baylor Reimbursement Dist 46 46 0 0-0-krs ks 0 0 - L) v~ 4-kL Name - Address & Phone would be appreciated but not required. COMMENTS Citywide Sanitary Sewer Extension Program Name or District No.: Baylor Reimbursement Dist 46 n (,r 1 Name - Address & Phone would be appreciated but not required. Fornication of Sanitary Sewer Reimbursement District No. 46 SW Baylor Street, 72nd Avenue August 11, 2009 Reimbursement District No. lor Street, 72nd SWBa y A venue BAYLOR ST/72ND AVE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 46 FY 2009-10 SANITARY SEWER EXTENSION PROGRAM 38 lots in the A PORTION OF THE NW 1 /4 NE 1 /4 SECTION 1 T2S R1 W W.M. proposed l i 72H~-'-AVE- district A a A LF L:j _-1._ 697F! AVE 3 sarn aKwr GB FN FKWr _ 72ND AY£ ~ san+ Fxwr } VICINITY MAP NTS 2 Reimbursement District No. 46 SW Baylor Street, 72"a Avenue ❖ Commercial Area Sewer Extension Program . Lot owners do not have to pay their share of the cost until they connect A Incentive Program is not available A Lot owners must pay their full share of the cost upon connection '1 Meeting Conducted Neighborhood meeting ALConducted June 11, 2009 at Town Hall Staff reviewed project details with 19 owners in attendance ALOne lot owner concerned that the project would be of little benefit to residential owners 4 Rei bursement District No. 46 aylor Street, 72"d Avenue Estimated total project cost: $492,381 Reimbursement Fee (Per Owner) x$0.720 per square foot 5 Ro bursement District No. 46 aylor Street, 72"d Avenue In addition, each owner pays the following: x$3,635 (per EDU if commercial) connection and inspection fee which funds projects to increase the capacity of the system A $60 (average) residential service charge per two months for operation and maintenance of the entire system. Commercial charges will vary. AAll costs to connect to the lateral installed through this project Reimbursement District No. 46 SW Baylor Street, 72"d Avenue e• Project will be constructed this Fall Final costs will be based on actual construction costs plus 13.5% engineering and inspection fees ❖ Finalization of the district will be brought back to Council after all work is completed and actual costs are known StaffRecommendation ❖ That Council approve the resolution forming Reimbursement District No. 46 SW Baylor Street, 72"d Avenue S s Y,S Y,D Y,D I BAYLOR ST z CV In ATLANTA ST Y,D Y,S I_Y'V_ BAYLOR ST f_ I F- ,S I ~ N,S 0 N,S ! D I N,5 f S ~ Y,S f Y Y'S D D j D I Y or N - Response to survey S - Some owner, site o V~ Vacant DAP, TMOUTH ST 'I I nt 9 ~ I ~i i 1 CLINTON ST AGENDA ITEM No. y Date: August 11, 2004 TESTIMONY SIGN- UP SHEET Please sign on the following page{s} if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) CQNSIDER A RESOLUTION FORMING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 46 (SAYLORSTREET, 72NDAVENUE) Due to Time Constraints City Council May Impose A Time Limit on Testimony ~k AGENDA ITEM No. 7 Date: August 11, 2009 PLEASE PRINT PrnnnnPnr - (4nPal6nu Tn Favnr) Onoonent - (5oeakine Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address 8,- Phone No. Name, Address & Phone No. Name, Address &Phone No. J 3 14 q li.f .Te Name, Address &Phone No. Name, Address&Phone No. Name, Address &Phone No. 7V? I n- Sw Ckz~k-3qmc ~ i~e(e~ '~6.A-r~► , Cwt .5 ~ l~ Ze 4~- Name, Address &Phone No. Naive, Address &Phone No. Name, Address &Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address &Phone No. Name, Address &Phone No. Name, Address 8r- Phone No. Cathy Wheatley W 14en From: Greg Berry ~Oll a~ Sent: Tuesday, August 11, 2009 4:46 PM J Cc: Cathy Wheatley; Gus Duenas Subject: Proposed Baylor, 72nd sewer reimbursement districts C+ I ranks for the letter. Cathy will For,,)ai d t© Cnu1101. From, BeachDD@aol,com [mailto:BeachDD@aol.com] Sent: Tuesday, August 11, 2009 4:31 PM To: Greg Berry; Cathy Wheatley Subject: Triangle sewer district To the Tigard City Council: Generally speaking, the biggest single investment owned by middle class people is their home. As with any investment, we want the investment in our home to increase in value with time. So we should welcome any development that promises to increase the value of our investment in our home. Recently, we have seen an alarming drop in the sale prices of residential property. How long this downward trend will continue is anyone's guess. But we who live within the proposed sewer district now have the opportunity to reverse that downward trend. And actually at no cost to ourselves. So I would urge my neighbors to accept the City's offer to install the proposed sewer to increase the value of all our properties. Sincerely, Dayle Beach Agenda item # Meeting Date August 11, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue enda Title Sensitive Lands Permit Requirements CA2008-00005 to remove criterion 18.775.070.B.5 which rohibits 12gthways--located within or adacent to the flood lain to be below the elevation of the aver a annual Prepared By: G P enstecher Dept Head Approvah City Mgr Approval: IssUE BEFORE THE COUNCIL Should the Council approve a Development Code Amendment to Section 18.775.070.B.5, removing a criterion which prohibits pathways located within or adjacent to the floodplain to be below the elevation of the average annual flood and, instead; require that pedestrian/bicycle pathways within the floodplain include a wildlife assessment that shows the proposed alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educational goals? STAFF RECOMMENDATION It is recommended the City Council approve the proposed Development Code Amendment through adoption of the appended ordinance (Attachment 1) as amended by the Planning Commission and revised by City Council, which reads: "Pedestrian/bicycle pathways within the floodplain shall include a wildlife assessment that shows the proposed alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educational goals." Furthermore, staff recommends that Council open the hearing to allow interested parties to comment on the proposed changes to the code amendment. Testimony should be limited to only the text changes proposed by Council at their July le hearing and the revised findings in support of those changes. KEY FACTS AND INFORMATION SUMMARY On July 14, 2009 the City Council closed the public hearing to deliberate the proposed development code amendment. Discussion focused on the intent of the proposed wildlife assessment criterion: "Pedestrian/bicycle pathways within the floodplain shall include a wildlife assessment to ensure that the proposed alignment minimizes impacts to significant wildlife habitat." Council expressed concern that the original language was unclear and too restrictive with respect to trail alignments that might otherwise be indicated in the adopted Pedestrian/Bicycle Plan. Councilors wanted to see language that would balance competing interests of wildlife habitat protection and recreation use. The above language was prepared in response to this direction. Council also directed staff to ensure that the new language is supported by findings prepared by staff and the City Attorney. Staff's response is that this is the case. The appended Memo (Attachment 3) provides the basis for Staff's conclusion by comparing the proposed language to other options. OTHER ALTERNATIvEs CONSIDERED A number of options have been considered through this process, The above referenced memorandum identifies three other options which were considered in arriving at the proposed language. CITY COUNCIL. GOALS The proposed amendment does not directly relate to City Council's 2009 or Fire Year Goals. However, the addition of a criterion for the protection of wildlife for paths proposed in the floodplain would update the code to be consistent with new Comprehensive Plan policies that support habitat protection (Comprehensive Plan Goal 8.1, Policies 6 and 17 and Goal 8.2, Policy 2). ATTACHMENT LIST Attachment 1: Revised Ordinance Exhibit A: Revised Proposed Code Text Changes Attachment 2: Draft City Council Meeting Minutes for July 14, 2009 Attachment 3: Staff Memo to the City Council., dated July 28, 2009 Attachment 4: City Attorney Supplemental Findings (Amended July 22, 2009) FISCAL NOTES There is no fiscal impact anticipated for this action. However, at the time the City initiates pathway development in the floodplain, the additional cost of a wildlife assessment would be expected. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.09- AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE SECTION 18.775.070.8.5, REMOVING A CRITERION WHICH PROHIBITS PATHWAYS LOCATED WITHIN OR ADJACENT TO THE FLOODPLAIN TO BE BELOW THE ELEVATION OF THE AVERAGE ANNUAL FLOOD AND, INSTEAD; REQUIRE THAT PEDESTRIAN/BICYCLE PATHWAYS WITHIN THE FLOODPLAIN INCLUDE A WILDLIFE ASSESSMENT THAT SHOWS THE PROPOSED ALIGNMENT MINIMIZES IMPACTS TO SIGNIFICANT WILDLIFE HABITAT WHILE BALANCING THE COMMUNITY'S RECREATION AND ENVIRONMENTAL EDUCATIONAL GOALS. (DCA2008-00005). WHEREAS, the City's Planning Division has requested to amend Chapter 18.775 - Sensitive Lands of the Tigard Development Code to remove a criterion which prohibits pathways located within or adjacent to the floodplain to be below the elevation of the average annual flood and, instead; require that pedestrian/bicycle pathways within the floodplain include a wildlife assessment that shows the proposed alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educational goals; and WHEREAS, notice was provided to the Department of Land Conservation and Development 45 days prior to the first evidentiary public hearing; and WHEREAS, the Tigard Planning Commission held public hearings on February 23, 2009 and April 6, 2009, and recommended approval of the proposed amendment, as amended to require a wildlife assessment to ensure that the proposed alignment minimizes impacts to significant wildlife habitat; and WHEREAS, notice of the public hearings was published in the Tigard Times Newspaper at least 10 business days prior to the public hearings; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the City Council has found the following to be the only applicable review criteria: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197 [Goal 1, Public Involvement; Goal 2, Land Use Planning; Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces; Goal 7, Areas Subject to Natural Hazards; Goal 8, Recreational Needs]; Applicable federal [FEMA] or state statutes or regulations; Applicable METRO regulations [Metro Urban Growth Management Functional Plan, Title 3, Water Quality and Flood Management, and Title 13, Nature in Neighborhoods]; Applicable Tigard Comprehensive Plan Goals [Goal 1, Public Involvement; Goal 2, Land Use Planning; Goal 5, Natural Resources and Historic Areas; Goal 7, Hazards; Goal 8, Parks, Recreation, Trails, and Open Space]; Applicable provisions of the City's implementing ordinances [TDC Chapters 18,380,18-390 and 18.775]. ORDINANCE No. 09- Page 1 WHEREAS, the Tigard City Council held public hearings on May 12"', July 14`', and August 11, 2009 to consider the proposed amendment; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and that approving the request would be in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOI LOWS: SECTION 1: The specific text amendment attached as "EXHIBIT A" to this Ordinance is hereby adopted and approved by the City Council. SECTION 2: The findings in the June 29, 2009 Supplemental Staff Report to the City Council, City Attorney's Supplemental Findings (Amended July 22, 2009), Minutes of the February 23, 2009 and April 6, 2009 Planning Commission hearings, and the Minutes of the May 12`x', July 1e, and August 11" 2009 Council hearings are hereby adopted in explanation of the Council's decision. 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 and title only, this vote of all Council members present after being read by number day of , 2009. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2009. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 09- Page 2 EXHIBIT A 18.775.070 Sensitive Land Permits A. Permits required. An applicant, who wishes to develop within a sensitive area, as defined in Chapter 18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area, either a Type 11 or Type III permit is required, as delineated in Sections 18.775.020.E and 18.775.020.G. The approval criteria for various binds of sensitive areas, e.g., floodplain, are presented in Sections 18.775.070.8 - 18.775.070.E below. B. Within the 100-year floodplain. The Hearings Officer shall approve, approve with conditions or deny an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during; the base flood discharge; 2. Land form alterations or developments within the 100-year floodplai shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use trap, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood; 4. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; 5. age aa°n•-d; Pedestrian/bicycle pathways within the floodplain shall include a wildlife assessment that shows the proposed alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educatronalgoals. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS permits and approvals shall be obtained; and 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. ATTACHMENT 2 Draft Minutes - Excerpt July 14, 2009 DCA2008-00005 - Sensitive Lands Permit Requirements 8:08:16 PM 6. CONTINUATION OF LEGISLATIVE PUBLIC HEARING FROM MAY 12, 2009 PROPOSED DEVELOPMENT CODE AMENDMENT REGARDING SENSITIVE LANDS PERMIT REQUIREMENTS (DCA2008-00005) TO REMOVE CRITERION THAT PROHIBITS PATHWAYS LOCATED WITHIN OR ADJACENT TO THE FLOODPLAIN TO BE BELOW THE ELEVATION OF TIDE ANNUAL AVERAGE FLOOD (18.775.070.B.5) REQUEST: To remove Section 18.775.070.B.5 of the Sensitive Lands Permit requirements which reads: 5. The plans for the pedestrian/bicycle pathway inchoate that no pathway will be below the elevation of an average annual flood;". Removal of this section would a11ow patt3vays to be installed in areas which would benefit the public's access ta'and:..,educat" al appreciation of ecological areas. On April 6, 2009, the Planning Commission recoi mended the City Council replace the subject section with "Pedestrian/bicycle pathways wihii€ ,:the floodplain shall include a wildlife assessment to ensure thath'e prcaposed align€uer€t minimizes impacts to significant wildlife habitat." LOCATION: Czde COMPREHENSIVE PLAN DESIGNATION: All City Comprehensive Plan Design'-- ps. ZONE: All City Zoning Districts. APPLICABLE REVIEW, CR: TERIA: The -Statewide Planning Goals and Guidelines adopted under Oregon,Revised Statutes Chapter 197; [Goal 1, Public Involvement; Goal 2, Land Use Planning; Goal 5 Natural Resources, Scenic and. Historic Areas, and Open , Natural Hazards,~xad Goal 8 Recreational Needs]; any Spaces; Goal 7, Areas Subject to federal FEM ] ox site statutes reollatians found applicable; any applicable METRO regulations, Metro Ctade Sections 3.67.300, Urban Growth Management Functional Plan; and Title 3, Water Quality alid T1ood Management]; any applicable Comprehensive Plan Policies; [Goal I, Public InvolvemenC,~R.G al 2, Land Use Planning; Goal 7, Hazards; Goal 8, Parks, Recri ation, Trails, and Operi\Spacc]; and any applicable provisions of the City's implementing aic ces [TDC 18.130,18.380:;18.390 and 18.7751. a. ` ~Qr Dirksen announced that this is a continuation of a legislative pubic hearing from b. City Attorney Ramis advised the procedure read into the record in the previous hearing is the prace`dure being followed. If, since that time, there have been any ex parse communications or if anyone has discovered a conflict, this would the time to disclose. There were no declarations or challenges. C. Associate Planner Pagenstecher presented the staff report. The Council packet materials included the supplemental staff report dated June 29, 2009, which repackaged the information from the previous proceedings, added new Goal 5 findings, and included staff's response to public testimony heard at the May 12, 2009, City Council hearing. I I P a The staff report includes the staff's and Planning Commission's recommendation for wildlife assessment in Proposal Summary, Section 1. The Options Analysis presented to the Planning Commission is in the Alternatives to Proposal, Section 7. The Two- Year Flood Inundation Exhibit presented at the first Planning Commission hearing was attached for reference. d. The new Goal 5 findings are on Page 9 in the staff report and are also contained in the Supplemental Goal 5 findings, dated July 7, 2009, the City Council received in the City Council newsletter. Associate Planner Pagenstecher referred to the staffs x'sponse to the public comments contained in the staff report. Public Comment Mayor Dirksen requested pubic comment be restricted to. new John crewing, 7110 SW Lola Lane, Tigard, Oregon advised his concern with this amendment is that the proposed requirement for a wildlife assessment is not a clear and objective approval standard. Mr. F ewing advised he sees it`` as simply a subinittal requirement. He referred to his previous testiniony: and said,' at "wildlife assessment" has not been defined as he requested 8:12:25 PM Mr. Frewing referred,,,,,,,`, o :a response from Essociate Planner Pagenstecher on a comment Mr. Frewing \ .admade. Mr. 'Frewing said that Associate Planner Pagenstecher advxs.ed that because Tigard previously adopted an ordinance, which implem ented the Na ure iii the'eighboihoods Program that it could not have included 'a requirement fora wildlife asses refit. Mr. Frewing said this sentence does not make sense. The Metto iS' requixes =clear and objective standards. The staff report does not say that this is a clear and objective standard and Mr. Frewing said he did not think this was a clear and objective standard where there should be one. Even if, at some e .dier date, Tigard adopted an ordinance to comply with Metro programs, what is occ~arring now is a "tape away." One can say we are coming "out of compliance" with what e had on the day that we adopted the ordinance that brought us into compliance with Metro ; xo `-airs. Mr. brewing said there would be no reason not to incorporate the clear and'objective standards requirement of Metro, including a clearer definition of a wildlife.rassessinent into this regulation. 8:14:19 PM Mr. Frewing said the discussion of the Parks Master Plan, just approved by the City Council, is also new i.n£ormation. He said he thinks the Parks Master Plan is an aspirational document and has very little to say about what open space will actually be protected in future years. He said he would prefer that there would be more specifics in this regard rather than the specifics in other regards because of the importance of open space and greenspaces to the people of Tigard. He said he is happy that there is a Park Master Plan, but it does not take the place of defining those areas where we will not have trails, the natural areas. Tigard needs to be move forward on planning open 2 1 P a g e spaces by saying where we are going to have trails and where we are not going to have trails. 8:1.5:37 PM Mr. Frewing advised he has not seen the Goal 5 findings submitted on July 7, 2009, and said he would like an opportunity to look at them and provide comments. He asked for additional time so he could review the findings. 8:16:35 PM Associate Planner Pagenstecher apologized to Mr. Frewii g regarding the additional Goal 5 findings for which Mr. I`rewing had not hadl a chance to re iview. Associate Planner Pagenstecher referred to the sentence that Mr F e , said did not make sense. He advised that he meant to convey that" 1V etro has al ady found that Tigard complies with the Nature in Neighborhoods "'Whatever criteiaae woxald come up with would be over and above compliance. Associate:. Planner Pagensteeier said he was not asserting that wildlife assessment crteraolz'was;;clear and objective. Mr. Frewing responded that when Metro approved Tigard's compliance with Nature in Neighborhoods, if included the requiremeii that no trails will: be built below the annual average flood. Now, we are taking thaaway`f this is approved, then we will have something less than we had whene comphd with Nature in the Neighborhoods. Associate Planner Pagenstecher suh~-g" hari;~_ed that,the kb ckground section of the staff report identifies why the existing criierioi is an ineffectual elevation standard. The wildlife assessment is a way,to"identify sensitive habitats that we do not have today. In staff's opinion, we are a6f,91 frig away anything- we are gaining a tool to site trails and design them for the preservation of habitat "Mr. Frewing acknowledged this was clear Staff Planner Pa % stecher recommended the City Council approve the proposed lent Code endment and adopt the proposed ordinance. f. Councilor Henderson referred to the Sensitive Hands PenTAt (Item B) where it states that, "Wiiin a 1.00-year floodplain --'!'he hearings officer shall approve, approve with conditions, or deny an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied." He said he does not know what "approved with conditions" means. Would the hearings officer be allowed to make more conditions? City Attorney Ramis responded that this language means that the hearings officer would have the discretion to impose conditions so long as those conditions were designed to assure that the application complied with the criteria. Some unrelated condition could not be invented. To the extent the hearings officer's judgment is that it is necessary to limit the project to be sure it complies with the criteria, then that kind of condition is allowable. Councilor Henderson asked about this section, as it would pertain to the wildlife assessment. City Attorney Ramis, and 3 1 P a g e Associate Planner Pagenstecher concurred, that he would think a valid condition would be one that ties the design of the project to whatever the wildlife assessment says is necessary to protect habitat. Associate Planner Pagenstecher added that the wildlife assessment would result in a series of recommendations regarding how to preserve habitat and those would be then required of a design to satisfy the hearings officer that the proposal complied with that criteria. 9. Mayor Dirksen closed the public hearing and called for consideration of the proposed ordinance, which includes the supplemental findings prepared by the City Attorney's office dated July 7, 2009. Motion by Councilor Buehner, s Ordinance No. 09-11, including Attorney's office dated July 7, 2009. ORDINANCE COMMUNITY DEVELOPMENT" CODE SECTIa A CRITERION WHICH PROHIBITS PATHWA ADJACENT TO THE FL THE AVERAGE ANNT PEDESTRIAN/BICYCLE INCLUDE A WILDLIFE ALIGNMENT MINIMI HABI'T'AT (D( which she found he to the specifics of and to adopt the City 1NDING TIC '"TIGARD 775.070.8.5, REMOVING LOCATED WITHIN OR 7 THEELEVATION OF ~ A-D REQUIRE THAT ,.THE FLOODPLAIN THAT THE PROPOSED NIFICANT WILDLIFE she appreciated the memorandum from the City Attorney, m answering questions she had regarding Goal 5. With respect ordinance and the discussion resulting from Mr. Frewing's etro's standards, she said that Metro is also responsible for in getting the various trails completed, such as the Fanno Creek .s are also looking at trails within the annual floodplain to meet Councilor Buehner advised she did not think. this ordinance relationship with Metro with regard to greenspaces. Council President Wilson said he agreed with Councilor Buehner. He said he thinks the language regarding the wildlife assessment could be clearer to assist the hearings officer in imposing conditions. He said he was also concerned, as he stated in the previous hearing, that we needed to balance the needs of wildlife with the recreational needs of people. This could be interpreted that to minimize the impacts to wildlife that extreme measures could be required, such as requiring eight-feet high boardwalks or pushing a trail to the absolute edge of the property maldng it less functional or less attractive for pedestrians to use. He did not think this was the intent of the ordinance. Council President Wilson said he would prefer to modify the sentence to reflect this. 4 1 P a g e 8:25:48 PM Mayor Dirksen suggested that the ordinance could be adopted this evening and have staff go back to develop a clearer statement. He said that it appears that what the City Council is looping for with the wildlife assessment is to find the balance between wildlife habitat and the needs of citizens. He said it was sufficiently clear to him regarding its purpose. Council President Wilson suggested wording such as, "A wildlife assessment shall be conducted and used to ensure that the proposed alignment balances impacts to significant to wildlife habitat with the recreational goals of the community." 8:26:54 PM Councilor Buchner indicated she would be fine; with tl President Wilson. She asked City Attorney Ratios if the ordinance tonight with the direction that staff 'names, City Attorney Ratnis suggested the City Councit give;' come back to the City Council with adjusted language a support that language and then have a final adoption 8:27:33 PM Councilor Henderson agreed with the City Atta: was a question at the last hearing ~lhether the 71 the greenways. He would like to have'a cleat" de: citizens want to use areenwavs and he would like gested by Council could approve the with a different definition? staff direction a. 6d,,staff would id, perhaps adjusted findings, to :com xindation. He said there l ordinance would affect all of Councilor Henderson said the a way for this to happen. 8:28:09 PM In response to a request far 1Vlayar Dirksen for Council President Wilson to describe the changes lie woocl Jibe, Qouneil President Wilson advised: "l'd life to ;do. two things I'd like to achieve a balance instead of just to minimize because that is,.sort of an extreme thing. But, 1'd also life to indicate that the wildlife;.; assessment be used to actually inform the design, that the design respond to it in some way - not just that you do one..." the following wording: include a wildlife assessment that shows that the proposed alignment impacts on significant wildlife habitat." The above wording would make it clear that not only would an assessment have to be prepared, but also the conclusion of the assessment would be that there is no significant impact. 8:29:08 PM Councilor Buehner commented that the Mayor's suggested wording might fall within Council President Wilson's concern that the balance might be leaning so far in favor of protecting the wildlife, that you have effectively minimized the viability of a trail in a reasonable location. She said she believed Council President Wilson's proposal was for a balance of interests. Council President Wilson said there are clearly trade-offs. The 5111age best thing for wildlife might be to build no path. He said he wants the Code to acknowledge that we are possibly causing some habitat degradation; however, we are going to do it in such a way that we consider the needs of wildlife and, if it is something extreme (i.e., an endangered species is severely impacted) then we might choose not to do it. He said that if it is common wildlife and a minor imposition, then we ought to design it in such a way that is the most desirable route for recreational purposes. 8:30:47 PM Mayor Dirksen read proposed worditag suggested by City Manager Prosser: "Pedestrian and bicycle pathways within the floi assessment that shows that the proposed alig significant wildlife habitat while balancing the environmental educational goals." 8:31:13 PM Council consensus was for support of the above lang whether they could approve the proposed ordinance apprised the City Council of his concern =insofar as he opportunity to review the language agaiirist the firtdix~ related to Goal 5, to make sure that eve are s~~ p requirements. include a wildlife nines impacts to recreational and Council also discussed City Attorney Ramis e the staff to have the :ave made, particularly of Goal 5 and Metro's 8.31.44 PM Mayor Dirksen agreed that it would be c tter k staff to review and have this come back before the City Council again. Community Deeop`xnent Director: Bunch said the findings are now saying that trails are no different frotxa other conflicting uses currently allowed in these areas. Staff will need to reseat&541As to develop an affirmative statement that the language meets the intent of the Council He recommended for this to came back to the City "cil at a later date City MAxiageT~losser advised this matter could be scheduled for the August 11, 2009, City Cou~eting. of Ordinance No. 09-11 was carried forward to August 11, 2009. 8:33:44 PM City Attorney Rarra s advised that the record, at this point, is closed. There will be no further testimony. 6 Page ATTACHMENT 3 City of Tigard Memorandum CPa7Fx5~'S2'CuurL;F^~a'i~'M"L'2vR9rE{I~'~xYn'~i-w.%53:.A~'^^~Ji~X"'»T~..°4°,~°Aif-;L._'~'1"~CA'S~~.,~~. .S+i:"rvY=~^nl?~.iiYn^"~ :x. 5•'~t A.. To: Mayor Craig Dirksen and Members of the City Council From: Gary Pagenstecher, Associate Planner Re: Continued Hearing for DCA 2005-00005 Sensitive Lands Permit Requirements Date: July 28, 2009 Council Direction On July 14, 2009 the City Council closed the public hearing to deliberate the proposed development code amendment. Discussion focused on the intent of the proposed wildlife assessment criterion: "Pedestrian/ bicycle pathways within the floodplain shall include a wildlife assessment to ensure that the proposed alignment minimizes impacts to significant wildlife habitat." Concern was expressed that this language could be made clearer and may be too restrictive with respect to trail alignments that might otherwise be indicated in the adopted pedestrian/bicycle plan. Councilors wanted to see language that would balance competing interests of wildlife habitat protection and recreation use. Summary of Options The following options are provided to give context to the recommended Option 3. Options range from retaining the criterion (Option 1), to removing it altogether (Option 4). Two other options include amended language to "facilitate" wildlife protection (Option 2), and to explicitly balance the competing interests of resource protection and recreation use with wording suggested by City Manager Prosser and supported by Council during the July 14€h Council hearing (Option 3). Consistency with Goal 5 Options 1 through 3 would add additional Goal 5 resource protection (requiring a wildlife assessment for pathways in the floodplain) beyond those already provided by the City's Sensitive Lands Ordinance (Section 18.775). In 2006 Council adopted revisions to the Sensitive Lands chapter to comply with Metro's Nature in Neighborhoods Policy (Ord. 06-20). The Department of Land Conservation and Development (DLCD) has acknowledged the City's Comprehensive Plan and implementing code as being consistent with the statewide planning goals. Therefore, in addition to the City Attorney's Revised Supplemental Findings dated July 22, 2009, staff finds that the recommended language for the proposed development code amendment (Option 3) is consistent with Metro and State Goal 5 regulations. 1 Option I - retain proposed criterion: Pedestrian bi cle athwa s within the ood lain shall include a weldli e ..assessment to ensure that the ro osed ali nment minimi es im acts to ri ni cant wildli e habitat: Pros: Retaining the proposed development code amendment language would provide information on wildlife and wildlife habitat in the project area. Strict application of the standard could preclude path alignments in certain habitat areas in order to preserve the quality of the habitat to its maximum extent. The requirement for a wildlife assessment implements Comprehensive Plan Goal 8.1, Policy 17 and Goal 8.2, Policy 2, which support habitat protection. Cons: Minimizing impacts to wildlife habitat could preclude alignments of pathways in accordance with the adopted pedestrian /bicycle plan. Option 1 does not provide any siting or design flexibility with respect to impacts to wildlife habitat. Option 1 may limit the City's ability to meet its Comprehensive Plan goals for trail connectivity and access to nature-oriented recreation in Fanno Creek Park and other locations. Option 2 - revise proposed criterion: The deli n and ali nment n edestrian bi de albwa s within the load lain shall incliide a wzldli e asre,rsment to aedlitate protection o si ni zcant wildli e habitat. Pros: This proposed revision would also provide information on wildlife and wildlife habitat in the project area. The habitat information would then be available to the project designer to account for that habitat in a manner that is protective, while allowing flexibility in path alignment and design. Trail connectivity and access to natural areas for nature-oriented recreation would be assured. The requirement for a wildlife assessment implements Comprehensive Plan Goal 8.1, Policy 17 and Goal 8.2, Policy 2, which support habitat protection. Cons: Option 2 does not prioritize habitat protection but rather allows for it among competing uses. Option 2 may result in trail designs and alignments that adversely -impact wildlife habitat. The language does not make explicit the competing goals of resource protection and park development. Option 3 - revise proposed criterion: Pedestrian bi cle athava s avithin the food lain shall include a xildli e assessment that shoavs the ro osed ali nment minimi es im acts to si ni scant rvildli e habitat avhile 6alancin the communi 's recreation and environmental educationalgoals. Pros: This language is explicit with respect to the competing goals of resource protection and park development. Minimizing impacts to wildlife is prioritized but tempered with the 2 programmatic goals of locating paths within the floodplain consistent with the adopted pedestrian/bicycle plan. The requirement for a wildlife assessment implements Comprehensive Plan Goal 8.1, Policy 17 and Goal 8.2, Policy 2, which support habitat protection. Balanced consideration of parrs, recreation, trails and open space implements Comprehensive Plan Goal 8.2, Policy 1. Cons: Option 3 may result in pathways with greater impact to wildlife habitat than with the existing language in Option 1, but still less impact than without the habitat assessment requirement. Option 4 - remove proposed criterion: Pros: Trails could be located within the floodplain below the average annual flood elevation and without a wildlife assessment, consistent with an adopted pedestrian/bicycle plan. Cons: Does not address resource protection policies referenced in the Comprehensive Plan or concerns expressed by the public. Recommendation Staff recommends Option 3 to facilitate balancing the community's natural resource and recreation goals for planned park pathway improvements within the floodplain. The proposed criterion revision would provide wildlife habitat information and allow design flexibility to balance resource protection goals with community recreation goals as pathways are developed in the future, pursuant to the Park System Master Plan. *Staff recommends the Council open the hearing for public comment to allow interested parties to comment on the proposed change in language to the proposed development code amendment. 3 ATTACHMENT 4 Supplemental Goal 5 Findings for DCA2008-00005 Amended July 22, 2009 (For the Supplemental Staff Report to City Council, dated June 29, 2009) OAR Chapter 660, Division 23 sets out "Procedures and Requirements for Complying with Goal 5." OAR 660-023-0010(5) defines "post-acknowledgement plan amendment" ("PAPA") to include "amendments to an acknowledged comprehensive plan or land use regulation and the adoption of any new plan or land use regulation." The Department of Land Conservation and Development ("DLCD") has acknowledged the City's Comprehensive Plan and implementing code as being consistent with the statewide planning goals. DCA 2008-00005 is therefore a PAPA. A PAPA must apply Goal 5 if the PAPA would affect a Goal 5 resource. OAR 660-023- 0250(3). As potentially relevant, DCA 2008-00005 would affect a Goal 5 resource if it "amends a portion of an acknowledged plan or land use regulation [that was] adopted in order to protect a significant Goal 5 resource," or it allows new "conflicting uses." OAR 660-023- 0250(3). DCA 2008-00005 amends TDC 18.775.070(5), a provision of the Sensitive Lands chapter of the TDC. A stated purpose of the Sensitive Lands chapter is to "Implement Statewide Planning Goal 5." TDC 18.775.010(E). Therefore, DCA 2008-00005 "amends a portion of an acknowledged plan or land use regulation [that was] adopted in order to protect a significant Goal 5 resource," and Goal 5 must be applied pursuant to OAR 660-023-0250(3)(x). Tigard Comprehensive Plan Chapter 5, Natural Resources and Historic Areas, protects the Goal 5 resources of fish and wildlife habitat, wetlands, streams, groundwater, and historic and cultural resources. These protections are implemented through the Sensitive Lands regulations at TDC 18.775. DCA 2008-00005 would allow the establishment of pedestrian pathways in the floodplain. Subsequently proposed pathways could impact Goal 5 resources within the floodplain that were not previously subject to the impact of pathways. However, the existing program to protect these Goal 5 resources remains sufficient to protect those resources and remains in compliance with Goal 5, for the following reasons: 1) DCA 2008-00005 limits new conflicting uses. OAR 660-023-0010(1) defines conflicting use, in pertinent part, as a use "that could adversely affect a significant Goal 5 resource." DCA 2008-00005 allows the establishment of pathways in floodplains, but limits such pathways to locations which are suitable for minimizing the impact onto significant wildlife habitat, as is ensured by the mandatory wildlife assessment. The wildlife assessment ensures the protection of Goal 5 resources within the floodplain by requiring an inventory of sensitive habitat and species in the project area, an analysis of the impacts of the proposed path, recommended mitigation measures to minimize impacts and ODF&W review, and public comment. Pathways established in the floodplain will accordingly conflict with the Goal 5 resources to the minimal extent necessary to achieve the City's recreation and environmental education goals. Supplemental Goal 5 Findings for DCA2008-00005, Amended July 22, 2009 For the Supplemental Staff Report to City Council, dated June 29, 2009 Page l 2) DCA 2008-00005 does not result in significantly different effects on any Goal 5 resources. The current, acknowledged Sensitive Lands regulations permit conflicting uses which have potentially similar impacts to pathways. Uses that are permitted outright to be located within the floodplain include Community Recreation (excluding structures) and farm uses (excluding structures). TDC 18.775.020(8)(2),(3). Such uses pose similar potential impacts to Goal 5 resources, and unlike the pathways allowed by DCA 2008-00005 do not require a Sensitive Lands permit to be obtained. In adopting the Sensitive Lands program, the City has already considered and made key decisions regarding the relative importance of Goal 5 resource sites and a range of conflicting uses. DCA 2008-00005 allows pathways that have similar impacts to the currently allowed conflicting uses, and are subject to additional requirements such as the wildlife assessment. It is evident that the proposed PAPA limits conflicting uses and does not result in any significantly different effects on Goal 5 resources. Furthermore, pathways allowed by DCA 2008-00005 remain subject to the additional protections of the Sensitive Lands regulations, which further limit impacts on Goal 5 resources. Such applicable regulations include requirements to obtain a Sensitive Lands permit (18.775.020(G); 18.775.070), engage in interagency coordination (18.775.030(C)), compliance with the general provisions for floodplain areas (18.775.040), and where applicable, compliance with the general provisions for wetlands (18.775.050). Additionally, pathways would remain prohibited in locally significant wetlands and along the Tualatin River, Fanno Creep, and South Fork of Ash Creek without an accompanying Environmental Social, Economic and Energy Analysis ("ESEE") prepared in accordance with OAR 660-023-040. TDC 18.775.090(A); 18.775.130. Based on the above, it is found that DCA 2008-00005 presents the same kind of conflicting uses contemplated and allowed under the current Sensitive Lands regulations and Goal 5 resource protection program, and that the existing protections under the Sensitive Lands regulations is still sufficient to protect the Goal 5 resources within the floodplain. Supplemental Goal 5 Findings for DCA2008-00005, Amended July 22, 2009 For the Supplemental Staff Report to City Council, dated June 29, 2009 page 2 -t - AGENDA ITEM No. 8 Date: August 11, 2009 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING: CONTINUATION OF JULY 143 2009 PUBLIC HEARING - PROPOSED DEVELOPMENT CODE AMENDMENT REGARDING SENSITIVE LANDS PERMIT REQUIREMENTS (DCA 2008-00005) Testimony limited to only the text changes proposed by Council at the July 14, 2009 Public Hearing and the revised findings in support of those changes. This A a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members ofthe public. The names and addresses ofpexsons who attend or participate m City of Tigard public meetings will be included - n the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose a Time Limit on Testimony I/Aden/Cathy/CCSignup/I.eg. PH Development Code Amendment DCA 2008-00005 AGENDA ITEM No. 8 PLEASE PRINT August 11, 2009 This is a City ofTrgard public meeting, subject to the State of Oregon's public meeting and records laws..AB written and oral tesbmony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meetingmtnutes, which is a public record. 'P---1' - NnPnking In Favor) Oononent - (Sneaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. s-0-25 z 7 s~~7 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. - (}Cv on )C-) TESTIMONY OF JOHN FREWING AUGUST 11, 2009 "t;~Y~, G B EFORE THE TIGARD CITY COUNCIL. d{,t Vq rrl REGARDING pATHWAIS IN SENSITIVE LAND AREAS, DCA 2008-00005 I11 }4-- IF I am John Frewing, 7110 SW Lola Lane, Tigard, OR 97226. I would like to provide comment and suggested changes to what staff has called '(Option 6' in the matter of regulating pathways in sensitive land areas of Tigard, filed as DCA 2008-00005. Comment 1: Clear and objective Standards. Option 6 rewires that a wildlife assessment 'show' certain results. The use of the word 'show' is not a clear and objective standard; there are an infinite number of variations to the meaning of 'show. There are various degrees of 'show' as well as a variety of ways of 'showing'. The same problem exists with the words 'minimize impacts to significant wildlife habitat while balancing (unspecific) recreation and environmental goals. I have attached to this testimony, as Attachment A, the METRO code, Sections 6.07.1660, Paragraphs B5 and C, which point out how the proposed Tigard wording fails to comply with the METRO regulations in this regard, which in turn are required to meet state planning Goal 5. Paragraph B5 notes that cities like Tigard, as members of the Tualatin Basin Natural Resources Coordinating Committee (TBNRCC), can comply with the METRO's Nature in the Neighborhoods program by adopting certain comp plan and code provisions approved by METRO, but continues, saying, "All other provisions of this Metro Code Section 6.07.1360, shall still apply to each city and county that is a member of TBNRCC." The very next section, paragraph 5C, is clear in requiring that implementing ordinances relied upon by a city or county to comply with this title shall contain clear and objective standards." This paragraph goes on to define clear and objective standards. It is my view that the proposed Tigard words are not clear and objective standards because they do not meet the METRO definitions, which include the following criteria: 1. It must contain a fixed numerical standard, such as a fixed distance. The Tigard words have no fixed standard for limiting the location of pathways on sensitive land areas, only the reference to 'balancing' certain interests. 2. Or it is a nondiscretionary requirement, such as prohibiting grading beneath the dripline ofa protected area. The existing Tigard regulation has such a requirement, le no pathway below the elevation of the average annual flood, but the proposed wording eliminates any such nondiscretionary requirement. 6. Or it is a performance standard that describes the outcome to be achieved, specifies the objective criteria to be used in evaluating outcome or performance, and provides a process for application of the performance standard. Under the proposed Tigard wording, the outcome can vary anywhere between habitat protection and recreational use (ie does not describe the outcome to be achieved) and has no objective criteria to F be used in evaluating the outcome of a particular pathway proposal, and there is no provision for a process for application of the (non existing) performance standard. In preparation for this evening, I have written to the principal METRO planners responsible for enforcement of regulations regarding Nature in the [Neighborhoods and goal 5, pointing out this noncompliance and asking them to enforce their code provisions on Tigard in this matter. See Attachment B. Tigard code and staff and findings all acknowledge that the subject code words are subject to Goal 5 review, namely, that "DCA 2005-00005 'amends a portion of an acknowledged plan or land use regulation (that was) adopted in order to protect a significant Goa15 resource", see the third paragraph of Supplemental Goal 5 findings amended July 22, 2009. Comment 2: Sentence structure of the approval criterion. The proposed Tigard wording fits with TDC 18.775.07013 as one of several approval criteria for a Sensitive Land Permit application request. However, the proposed wording does not refer to the content of an application, but refers to the pathway itself. As a result, the proposed criterion doesn't make sense, ie a atp hway itself does not include a wildlife assessment. I believe the sentence structure should be changed to read: Submitted designs, plans and evaluations for pedestrian/bicycle pathways within the floodplain shall include a wildlife habitat assessment which shows that the proposed alignment Comment 3: Wildlife assessment versus wildlife habitat assessment. The proposed Tigard wording uses two different terms to describe the study required to be submitted. A wildlife assessment studies actual wildlife, while a wildlife habitat assessment studies the environment of interest (including observed wildlife) to determine what wildlife either does or can live at that location during some life stage. I urge you to consistently use the term 'wildlife habitat assessment'. To be effective, a 'wildlife assessment' must be done over at least several seasons and perhaps years to observe wildlife on the site, whereas a 'wildlife habitat assessment can be done in a shorter time; the latter looks at the resources on the site which different species of wildlife use during their different life stages, whether or not a particular individual of such species is actually seen onsite. In earlier comments regarding this code change, I have provided you with 'national' examples of wildlife habitat assessments, but there has been no staff or council response; I don't know if you have even looked them over. With this comment, I provide you with a 'local' outline for a wildlife habitat assessment - that which is used by METRO in their greenspace and natural area assessments. I urge you, in a spirit of compliance and cooperation, to adopt this METRO outline as a clear and objective standard for a wildlife habitat assessment. See Attachment C. Comment 4: Compliance with recommendations of wildlife habitat assessment. The present record includes conflicting statements regarding compliance with the recommendations of the wildlife habitat assessment. I will point these statements out to you: _ In the'5upplemental Goal 5 Findings for DCA 2008-00005' amended July 22 (Attachment 4 to this City Council Agenda item), it is stated at the bottom of page 1: "Pathways established in the floodplain will accordingly conflict with the Goal 5 resources to the minimal extent necessary to achieve the City's recreation and environmental education goals." This wording clearly indicates that there will be NO, NONE, ZERO compromise of recreation/education goals for protection of wildlife habitat. It concerns me greatly. It says that the recreation/education goals will be achieved, at whatever impact to wildlife habitat is necessary. This seems to violate the discussion of City Council at its July 14 meeting, when 'balance' was introduced as a consideration in pathway location and design. Another conclusion is printed in the minutes of the July 14 City Council meeting (at 8.35:16): "Associate Planner Pagenstecher added that the wildlife assessment would result in a series of recommendations regarding how to preserve habitat and these would be then required of a design to satisfy the hearings officer that the proposal complied with that criteria." This wording clearly states that the recommendations of the wildlife habitat assessment are to be mandatory. The person/s performing the wildlife habitat assessment are presumably professionals in their field, but have no special knowledge or skills regarding achievement of the city recreation/education goals. Thus, there would be no compromise from the actions necessary to preserve habitat. I ask this evening that the City Council resolve these major differences in the record as to how the wildlife habitat assessment will be used in design and compliance with code requirements. As you might imagine, my opinion is that the Pagenstecher words are better than the (anonymous) supplemental findings of Attachment 4. Comment 5: Impact on Coal 5 resources. I believe that the proposed code changes impact Goal 5 resources which were not previously subject to the impact of pathways (see Tigard agreement in Supplemental Findings, paragraph 5). Such new impacted areas are 'significant Goal 5 resources' because they lie on the Tigard adopted map of Significant Fish and Wildlife Habitat Areas and the impact of pathways is 'adverse'as acknowledged by Tigard staff. I believe that the proposed code changes do not protect those resources as asserted in the Supplemental Findings because they allow 'conflicting uses' in areas previously protected and the simple requirement for some kind of assessment, coupled with compromise towards recreation/education goals, does not offer any specific protection of anything. The findings specify, but the record does not support City Council approval of even the evaluation outlined there, namely'an inventory of sensitive habitat and species on the project area, an analysis of the impacts of the proposed path, recommended mitigation measures to minimize impacts, ODFW review, and public comment.' If these are necessary elements of the wildlife habitat assessment, they should be included in the regulation itself. Mitigation, though mentioned, is not protection of wildlife habitat resources; it might include restoration of some area miles away. While ODFW review is specified, there is no commitment to comply with their expertise and recommendations. Because of these deficiencies In protection of Coal 5 resources, both this regulation change and specific project proposals should be made subject to the state "Environmental, Social, Economic and Energy Analysis" (ESEE) prepared in accordance with OAR 660-023-040. The findings err further in saying that the impacts resulting from adoption of DCA 2008- 00005 are not 'significantly different effects'than on any Coal 5 resource (including resource location). The current regulations permit conflicting uses in some areas of the floodplain, but not below the elevation of the annual average flood. The city has already considered and made key decisions on the importance of the area below the elevation of the annual average flood by prohibiting pathways there. The proposed code change does not propose any specific limits on the conflicting uses of pathways and does have significant adverse effects on the few remaining Coal 5 resources of Tigard. Furthermore, the riparian areas of interest under DCA 2008-00005 , are protected ONLY by the existing code words ofTDC x.8.775.07013--the other alleged protections in the Supplemental Findings all have exemptions which would not protect these resources. Based on the above, I find that DCA 2008-00005 presents new conflicting uses on sensitive lands (Goal 5 resources) below the level of the annual average flood and that changing the Tigard code as proposed will not be sufficient to protect these resources and will leave these resources exposed to adverse effects and loss. Attachment A METRO Code on 'clear and objective standards' Attachment B Email to METRO (Tim O'Brien, Brian Hamer) asking for Goal 5 enforcement Attachment C METRO Wildlife Habitat Assessment Methodology (2001) AUIC-4 LNG VI) °~A (B) Ensuring that publicly-owned parks and open spaces that have been designated as natural areas and are not intended for future urban development are managed to maintain and enhance the quality of fish and wildlife habitat that they provide; and (C) Pursuing funding to support local park, open space, and habitat acquisition and restoration, such as with local bond measures, System Development Charge (SDC) programs, Federal Emergency Management Act (FEMA) grants, or other funding mechanisms; 4. District Plans. a. Adopt one or more distract plans that apply over portions of the city or county, and demonstrate that, for the remainder of its jurisdiction, the city or county has a program that complies with either Metro Code Section 3.07.1330(13)(1) or Metro Code Section 3.07.1330(B)(2). If a city or county adopts one or more district plans pursuant to this paragraph, it shall demonstrate that, within each district plan area, the district plan complies with Metro Code Section 3.07.1330(2)(3). District plans shall be permitted under this subsection only for areas within a common watershed, or which are within areas in adjoining watersheds that share an interrelated economic infrastructure and development pattern. Cities and counties that choose to develop district plans are encouraged to coordinate such district plans with other entities whose activities impact the same watershed to which the district plan applies, including other cities and counties, special districts, state and federal agencies, watershed councils, and other governmental and non-governmental agencies. b. The City of Portland shall develop a District Plan -Z pti~ that complies with Metro Code Section 3.07.1330(B)(4)(a), in cooperation with the port of Portland, that applies to West Hayden Island; or 5. For a city or county that is a member of the Tualatin Basin Natural Resources Coordinating Committee (the (Effective 4/25/07) 3.07 W 87 "TBNRCC," which includes Washington County and the cities of Beaverton, Cornelius, Durham, Forest Grove, Hillsboro, King City, Sherwood, Tigard, and Tualatin), amend its comprehensive plan and implementing ordinances to comply with the maps and provisions of the TBNRCC Goal 5 Program, attached hereto7 and incorporated herein by reference, adopted by the TBNRCC on April 4, 2005 (the "Tualatin Basin Program"), subject to the intergovernmental agreement entered into between Metro and the TBNRCC. All other provisions of this Metro Code Sectiou-07.1330, as we a Metro Code Section 3.07.1360, shall still amly to each of and county that is a me of 1~^ fiR--r-U in addition, in order for a city or county that is a member of the TBNRCC to be in compliance with this functional plan, the following conditions must be satisfied: a. Within the compliance timeline described in Paragraph 5 of the Intergovernmental. Agreement entered into between Metro and the TSNRCC, the TBNRCC and its members comply with the six steps identified in section B of Chapter 7 of the Tualatin Basin Program; b. Clean Water Services approves and begins implementing its Healthy Streams Plan; C. The TBNRCC members agree to renew and extend their partnership to implement the projects on the Healthy Streams Project List and target projects that protect and restore Class I and 11 Riparian Habitat, including habitat that extends beyond the Clean Water Services "vegetated corridors," and the TBNRCC shall continue to coordinate its activities with Metro and cooperate with Metro on the development of regional public information about the Nature in Neighborhoods Initiative; d. The city or county has adopted provisions to facilitate and encourage the use of habitat-- friendly development practices, where technically feasible and appropriate, in all areas identified as Class I and II riparian habitat areas on the Metro Regionally Significant Fish and Wildlife Habitat Inventory Map. Table 3.07W13c provides examples of the types of habitat-friendly on file in the Metro Council office and copies available from the Metro Planning Department. (Effective 4/25/07) 3.07 - 08 development practices that shall be encouraged and considered; e. The city or county has adopted provisions to allow for the reduction of the density and capacity requirements of Title 1 of the Urban Growth Management Functional Plan, Metro Code Sections 3.07.110 to 170, consistent with Metro Code Section 3.07.1330(H). Particularly, the provisions shall (1) apply only to properties that were within the Metro urban growth boundary on January 1, 2002; (2) require the protection of regionally significant habitat on the property, such as via a public dedication or restrictive covenant; and (3) allow only for a reduction in the minimum number of units required to be built based on the amount of area protected as provided in part (2) of this paragraph. In addition, cities and counties will be required to report to Metro as provided in Metro Code Section 3.07.1330(H)(3); f. The city or county complies with the provisions of Metro Code Section 3.0'7.1330(13)(1) to (B) (3) as those provisions apply to upland wildlife habitat in territory added to the Metro urban growth boundary after December 28, 2005. For example, (1) each city and county shall either adopt and apply Metro's Title 13 Model, Ordinance to upland wildlife habitat in new urban areas, (2) substantially comply with the requirements of Metro Code Section 3.07.1340 as it applies to upland wildlife habitat in new urban areas, or (3) demonstrate that it has implemented an alternative program that will achieve protection and enhancement of upland wildlife habitat in new urban areas comparable with the protection and restoration that would result from one of the two previous approaches described in this sentence; and g. The TBNRCC and the city or county complies with the monitoring and reporting requirements of Metro Code Section 3.07.1360. C. The comprehensive plan and implementing ordinan es relied upon by a city or county to comp y with this title shall contain clear and ob'ective stan aids. A standard's~T'be considered clear and objective if it meets any one of the following criteria: (8ffective 4/25/07) _ 3.07 - 89 1. it is a fixed numerical standard, such as fixed distance (e.g. ee or land area (e.g. acre 2. It is a nondiscretionary requirement, such as a requirement that grading not occur beneath the dripline of a protected tree; or 3. it is a performance standard that describes the outcome to be achieved, specifies the ob'ect-ive riteria to be used in valuating outcome or per ormance, and provides a process fora lication of the erf man s lord, suc as a_ =nditional use or design review process. D. In addition to complying with subsection (C) of this section, the comprehensive plan and implementing ordinances that a city or county relies upon to satisfy the requirements of this title may include an alternative, discretionary approval process that is not clear and objective provided that the comprehensive plan and implementing ordinance provisions of such a process: 1. Specify that property owners have the choice of proceeding under either the clear and objective approval process, which each city or county must have pursuant to subsection (C) of this section, or under the alternative, discretionary approval process; and 2 Require a level of protection for, or enhancement: of, the fish and wildlife habitat that meets or exceeds the level of protection or enhancement that would be achieved by following the clear and objective standards described in subsection (C) of this section. E. Use of Habitat--Friendly Development Practices In Regionally Significant Fish And Wildlife Habitat. 1. Each city and county in the region shall: a. Identify provisions in the city's or county's comprehensive plan and implementing ordinances that prohibit or limit the use of the habitat- friendly development practices such as those described in Table 3.07-13c; and b. Adopt amendments to the city's or county's comprehensive plan and implementing ordinances to remove the barriers identified pursuant to subsection (E)(1)(a)of this section, and shall (Effective 4/25/07) 3.07 - 90 Page 1 of 2 ffrewin From: "Jfrewing" <jfrewing@teleport.com> To: <Tim,o'brien a@oregonmetro.gov>; <Brian.harpera@oregonmetro.gov> Seat: Monday, August 10, 2009 3:91 ISM Subject: Tigard Removal of Goal 5 Protection Tim O'Brien Bran Harper Gentlemen, This memo reports what I believe is an action which takes City of Tigard out of compliance with its earlier commitment to Nature in the Neighborhoods provisions (Goal 5) of the METRO code. Tigard has been a member of the Tualatin Basin Natural Resources Coordinating Committee for some time, and a year or so ago reviewed its development code for adequacy with the recommendations of the TBNRCC and made several changes for compliance. METRO and DLCD then approved the code provisions of the member Washington County cities and county as compliant with the METRO Nature in the Neighborhoods regulations and Goal 5. Recently, Tigard has acted toward a change in its regulations which seriously impact (ie, detract from protection of) the fish and wildlife resources of the city. The city development code, upon enactment of the TBNACC provisions, included (and had included for some time) a provision that for sensitive lands, plans for any pathway on sensitive lands would be required to show such pathways to be located above the elevation of the annual average flood. A recent proposal (a 'post acknowledgement plan amendment, PAPA), would have simply eliminated such requirement, allowing pathways even closor to streams and their important wildlife habitat, including Goal 5 resources. In the course of public review, the city proposal has been modified, still allowing pathways lower than the elevation of the annual average flood, but requiring "Pedestrian/bicycle pathways within the floodplain shall include a wildlife assessment that shows the proposed alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educational goals." This change allows a new conflicting use in the areas below the level of the annual average flood, which is the very area where many riparian plants and animals depend on close access to streams, lakes and wetlands. Goal 5 resources are in this area below the level of the annual average flood. Pathways in this area below the level of the annual average flood will conflict with Coal 5 resources; the findings by Tigard for their proposed change even state that the conflict will be that "necessary to achieve the City's recreation and environmental education goals." - indicating that there will be no balancing (no consideration), but that the recreation and environmental education goals override any impact on Coal 5 resources. The Goal 5 resources are thereby not protected as required by state law. Additionally, while this revised language widens the area of concern, from the elevation of the annual average flood to the floodplain (100-year flood level), it replaces a clear and objective criterion with one which is essentially a submittal requirement - submittal of a piece of paper (actually, it doesn't even require submittal of a study as part of an application[). The METRO code, at 3.07.1330 13.5 requires that even forTBNRCC cities, local codes must comply with "All other provisions of this Metro 8/10/2009 Page 2 of 2 Code Section 3.07.1330 The very next code section, METRO code 3.07.1330 C requires that implementing ordinances "shall contain clear and objective standards" and goes on to define `clear and objective'. Tigard staff: and legal counsel agree that their proposed code change is subject to state Goal 5 and METRO regulations as approval criteria. The proposed Tigard rule is not clear and objective. It does not contain a fixed numerical standard, it is not a nondiscretionary requirement (such as 'above the annual average flood elevation') and it is not a performance standard that `describes the outcome to be achieved, specifies the objective criteria to be used in evaluating outcome or performance, and provides a process for application of the performance standard, such as a conditional use or design review process.' The Tigard City Council is scheduled to adopt its revised rule, described above, on August 11, 2009, to be effective 30 days later. Please review this matter and take action to enforce the protective measures for fish and wildlife in the Tigard code as of the date of its METRO approval in accordance with Title 13. Please let me Icnow of your review and enforcement actions. Thanks, John c=rewing 7110 SW Lola Lane, Tigard, OR 97223 ftewing_ tefe op rt.com 503-245-5760 f ' 5/10/2009 METRO 2001 WILDLIFE HABITAT ASSLSSME NT METHODOLOGY The following Wildlife Habitat Assessment (WHA) data collection and numerical rating system is a modification of one that was originally developed for site-specific use in the City of Beaverton in 1983 as part of their statewide planning Goal 5 update (we define a "site" as a contiguous habitat patch surrounded by other land use types). The original methodology was designed by a technical advisory team consisting of staff from the City of Beaverton, Portland Audubon Society, U. S. Environmental Protection Agency, U. S. Army Corps of Engineers, U. S. Fish and Wildlife Service, Oregon Department of Fish and Wildlife, and the Wetlands Conservancy. Since that time, it has been used in Washington County, Gresham and in the entire Portland metropolitan region, including the Willamette Greenway, as well as Eugene and other areas statewide. Selecting a widely used protocol is advantageous because it potentially allows for comparison and repeatability of data over space and time. The methodology in its current form was modified based on input from Jennifer Thompson (U.S. Fish and Wildlife Service), Molly Michael (Oregon Department of Fish and Wildlife), and Tom McGuire (formerly City of Portland, currently with Adolfson and Associates) and Barb Grover (City of Portland), We thank them for their technical assistance. Each time this methodology has been used, it has been slightly modified and refined to address the specific needs of local jurisdictions and the Oregon Department of Land, Conservation, and Development (DLCD). For example, Metro has added data columns for the presence of downed wood and nonnative plants, two major urban habitat issues; in addition, we have altered the Water Quality category to reflect channel and bank morphology and stability rather than basing it on water quality, which we are currently not equipped to measure in the field. In addition, Metro did not use three categories from the score sheet: flora, uniqueness of habitat type, and interspersion. We recorded relevant information but omitted scores from the first two categories because we were using the inventory to test our GIS model, which did not consider specific habitat types. We did not score or use interspersion because small-scale habitat juxtapositions are not always advantageous for urban wildlife, as such interspersion omen points to habitat fragmentation and deleterious edge effects. The WHA is inherently biased towards vegetative types with woody structure. This is one of the drawbacks of using a generalized methodology for assessing multiple habitat types - habitats that are potentially of great importance, such as native grasslands and oak savannas, may receive low ratings due to natural lack of structural diversity. Yet many habitat specialists rely on these habitats. For this reason, Metro emphasizes the importance of delineating such rare, important habitats in a separate step during the planning process, rather than relying solely on a generalized methodology such as the WHA (unless all potential habitat patches are equally assessed). The WHA is one tool among many that should be utilized in thoughtful wildlife habitat planning. The following is a discussion of that methodology as it was applied by Metro in the Portland metropolitan region. The methodology involves identifying and evaluating parameters that make sites good or potentially good wildlife habitat areas. There are two parts to the methodology: 1. A narrative description of the site. 2. A numerical rating of various wildlife habitat parameters. NARRATIVE DE, SCRWTION A narrative description of the site and survey conditions, including weather, topography, vegetation, wildlife habitat features, human use and habitat enhancement potential, are completed at each site using a standard inventory form (see attached form called Wildlife Habitat Assessment Narrative Sheet). NumiucAL RATING The numerical rating system (see attached fora called Wildlife Habitat Assessment Scoring Sheet) reviews each site in terms of its potential for wildlife. The system is based on the fact that all wildlife has three basic requirements for survival: food, water and cover. Each site is to be evaluated in terms of relative quantity, duality, diversity and seasonality of the components that appear at the site. Also considered are human disturbance, the proximity to other aquatic and upland areas, unique or rare features, and wildlife, flora and habitat types. Note that the "Score Existing" and "Score Enhanced" refer to existing conditions versus the site's potential if successful restoration efforts were implemented; these potential restoration activities should be documented in the narrative description under "Restoration Potential." This rating system was meant to assess the relative values of aquatic and upland habitats. It was not intended to provide a comprehensive analysis of each site. Information derived from the rating sheets should be used in tandem with the narrative descriptions. However, if performed during the same year by the same well-trained field crew, the WHA scoring methodology allows for general comparisons of wildlife habitat duality between a wide variety of habitat types. This consideration and time required in the field are the primary advantages of using a qualitative methodology such as the'WHA over a quantitative one. DESCRIPTION OF 'VARIABLES Photos List photo roll and exposure numbers, or whether digital camera was used (if digital camera used, first photo should identify site so as not to confuse exposures). If no photos are taken, state so. Site 11D A space is provided for the observer to label each site with an individual identification number or code. These codes will be predetermined, Site Name Name of park(s), property owner, or address of site. Thomas Guide Map page and grid number so anyone can find Their way to the site. Directions Directions to the site and entry point. Give directions from nearest major road. Indicate the boundaries of the extent of the site surveyed (you may mark this on the map if preferred). The table on the Scoring Sheet consists of 20 components that are evaluated for each site. The 20 components are divided into six general categories: 1. Water 2. Food 3. Cover 4. Human disturbance 5. Unique features 6. Important habitat features Consistency of scoring can only be accomplished through extensive group training at the same sites, in combination with periodic "calibration" sessions in which the group reassembles and ensures that scoring is consistent among individuals. In most cases, scoring should be based on the degree to which the site is in a natural vs, unnatural/disturbed condition and to account for variety of native habitat types and natural conditions. 2 Note that any whole number within the point range for each category may be used; for example, if the range of choices is 0, 4 or 8, an observer could assign any whole number between 0 and 9. This will help prevent the observer from having to make arbitrary judgment calls if a criterion appears to fall between categories. WATER Four aspects of water characteristics on a site are included on the rating form; seasonality and quantity; channel morphology, complexity and alteration; proximity to cover; and diversity (e,g. ephemeral and perennial streams, ponds and wetlands). All of these factors play an important role in the site's significance to wildlife. It is important to note that the relative value of these aspects compared to most other components (food, cover, human disturbance and unique features) was higher. The reason for this weighting of the relative value of the water component was that wetlands and riparian habitats are disproportionately important to wildlife. Therefore, it is possible that a site with good water resources but lesser values under other categories would rank higher than an upland site with better food and cover values. Seasonality and quantity: This aspect refers to the amount of water available on site and its seasonality. Year-round water is extremely important to most wildlife species, particularly in an urban setting where habitat fragmentation may isolate habitat patches from other water sources, For example, this could include a perennial stream where there is evidence of associated ephemeral (seasonal) wetlands (indicated by vegetation) and/or dry side channels (indicating presence of ephemeral streams). Ephemeral streams and wetlands provide important habitat to fish and amphibians that is different from perennial sources. A site with a perennial stream but no evidence of other water sources such as those described above should receive a score of 6 or 7, weighted by the size of the stream and its relative importance to the patch. For example, if the habitat patch is very large but only has one small stream present, certain non- mobile groups such as amphibians would have a hard time getting to the stream from the outer edges of the patch, thus this site would receive a 6 instead of 7. A site with only seasonal or ephemeral sources would receive a 4. A site without any apparent water resources should receive a zero in this category. Channel inorphology, com lexi and alteration: Metro changed this criterion (formerly "duality") because we did not feel that stagnant or seasonally gushed water could accurately reflect water duality without more technical measurements. Furthermore, we were unlikely to be able to ascertain the flushing frequency of such water sources. Thus we selected a criterion that is particularly important to instream and other aquatic habitat because it reflects alterations in the hydrologic regime. However, we have weighted this criterion somewhat lower than the other three aquatic criteria because the simple presence of water is critically important to so many terrestrial species, and the WHA is generally geared towards terrestrial wildlife habitat. Streams with altered hydrologic regimes are unable to support the same quantity and quality of instream wildlife. For example, urban streams omen become "flashy" - that is, during a storm event water levels both rise and drop more quickly than in undisturbed conditions. This causes bank erosion and other effects, changing the channel form and composition of the substrate. One result is that aquatic invertebrate communities are typically simplified, presumably resulting in reduced food resources for both instream (fish and aquatic amphibians) and terrestrial vertebrates (birds, some small mammals, and terrestrial amphibians). Water quality is also typically lower in these sites due to sedimentation and toxins that enter the stream from impervious surfaces and storm drains. High-scoring sites should show little evidence of degradation; signs of stream degradation include channel incision and containment (i.e., not allowed to meander), evidence of erosion (rootlets, undercutting, toppling woody vegetation, bare soil) along the banks, and heavy sedimentation within the streambed. Other factors, such as oil sheen, sewerage smell, pipes and culverts, or excessive trash in and near the stream, may also downgrade this criterion. Healthy streams should contain a good supply of large wood, Ponds and wetlands may also show evidence of human-induced alterations. For example, some constructed wetlands may not perform functions adequately imitating those found in natural wetlands, and some human-made ponds may be armored, dammed or otherwise altered. Levees and dikes are another form of modification. Some wetlands may appear to have been drained and/or filled. Such water resources are probably not as valuable to wildlife as "natural" ponds and wetlands, and should receive a somewhat lower score under this criterion. Other factors similar to those mentioned above (e.g., unstable banks, oil sheen, etc.) also generally apply to these water sources. Proximity to cove: Wildlife will use water more if it is close to vegetative cover. This allows escape from predators and protection from weather extremes. The closer and more dense the cover, the more important the water source to many species. Dense cover immediately adjacent to a water source gave the site a value of 8, nearby cover a value of 4, and no cover a value of 0, Diversi : A site with a mixture of wetland, stream and open pond or take has higher wildlife value than a site with only one of these features. Lowest scores have no water present at the site (score = 0); sites with only one water source receive 4 points; sites with > I water source (two different types of streams [ephemeral and perennial], a stream and a pond, pond and wetland, etc.) receive a score of 8. Sites receiving the highest scores should have more than one type of water available, with at least one perennial (available year-round) source. FOOD Food is a basic requirement for any organism. Wildlife species cannot survive in one area for any appreciable period of time without food. The greater the variety and quantity of food, the greater the potential for serving the needs of more wildlife species. The three aspects included under food are variety, quantity, and seasonality. Metro altered these criteria slightly (formerly variety, quantity and seasonality, and proximity to cover) because most food resources are cover. Variety The variety of food on a site was rated from 8 (high) to 0 (low). We recognize that any intact food web includes plant matter, insects, and other animals; however, we focus here on plants because that is what can be readily assessed using this methodology. The presence of insects and other wildlife depends largely on water and plant resources, thus non-plant food resources are covered to some degree under other categories. A site with little or no "food plant" species - for example, a site dominated by reed canarygrass or Scot's broom - receives a score of zero, whereas a site with limited food such as one dominated by Himalayan blackberry receives a score of 2-4 (depending on whether it is a native species, which would score higher), and a site with several food species may receive a score of 4-8, Native flowering plants are also a food source, but should not count into the scoring as much as fruits, nuts and berries. uanti : This aspect measures the amount of food and its availability. Sites having large quantities of food available received a value of 8, and sites with little or no food available received a value of 0. To receive the maximum score, food plants should be primarily native. For example, sites limited primarily to blackberry patches could receive a score of 2, whereas similar quantities of a native source would receive a 3, Keep in mind the 3-dimensional nature of food availability. 5easonaliq: This aspect measures the year-round availability of food. Sites which provide food year-round received a value of 8, and those sites providing limited food seasonally received a value of 4. Sites with food available in only one season received a score of 2. This has to do with the timing of fruiting or seed setting. For example, spring plants include Indian plum, salmonberry, ferns, fungi, and flowering plants (including maples). Summer plants include red-osier dogwood, salmonberry, thimbleberry, strawberry, Oregon ash, red alder, blackberries and cherries. Fall plants include sa.lal, Oregon grape, hawthorn, rose hips, ocean spray, Douglas' spirea, blackberries, Oregon ash, red alder and oaks. Wintertime food sources might include hazelnut and other nuts, oak, snowberry, and conifers; highest scoring sites should include such food resources. 4 COVER The aspects of cover included here (structural diversity, variety and seasonality, and nesting and denning sites) attempt to describe the physical environment of the site from a number of perspectives that are important to wildlife. Structural _Diversity: . What is looked for in this category is the vertical stratification of the vegetation on a site. That is, is there only one layer of vegetative cover (e,g., lawn or one layer of shrub, such as Himalayan blackberry) or are there two, three or more layers. The most diverse structural system in our area would be multi-layered, with a ground layer of herbaceous vegetation (sedges, grasses, ferns, herbaceous plants, etc.), a second layer consisting of shrubs ()=Himalayan blackberry, snowberry, Oregon grape, etc.), perhaps another layer of taller shrubs (red or blue elderberry, Indian plum, red osier dogwood, vine-maple, ninebark), a short tree layer (Pacific or red-osier dogwood, hazelnut, saplings of taller species), and finally the tall canopy layer (Douglas-fir, Western hemlock, big-leaf maple, black cottonwood, Oregon ash, Oregon white oak, etc,). The highest scoring sites should have a range of age and size classes. The more layers present, the greater the surface area for feeding, traveling and breeding available to a wider diversity of wildlife species. In general, woody vegetation (tree and shrub cover) are more important than herbaceous cover in the types of habitat we are surveying. However, certain plants such as sword fern also provide invaluable cover to low-dwelling creatures. Values range from S for high structural diversity to 0 for low or no structural diversity. Variety and seasonality : This reflects the variety and year-round availability of plants within each vegetative layer. Variety of cover is important from cover, feeding and reproductive standpoints. The greater the variety of cover, and the longer it is available to wildlife through the year (e.g., conifers and sword ferns provide better winter cover), the more important the habitat. For example, a forested wetland with a mixture of rushes, sedges, spirea and willows will be a much more important wildlife habitat area than a wetland with a monoculture of reed canary-grass. Variety values range from S for high variety to 0 for no or low variety. Reed canarygrass monocultures should receive a 1, mowed lawns a 0. Nesting and_denning sites: This criterion refers to structures such as snags, cavities, stumps, large downed wood, vegetative cover, clumps of mistletoe, large trees, logs, undercut banks, brush piles, root wads, bird and bat boxes, old unused buildings, and reptile/amphibian hybernacula such as rocky outcrops and rock piles. Sites with a variety of nesting and denning sites may receive up to four points. The third part of the form includes values in addition to food, water and cover. The components examined include human disturbance, unique features and important habitat features. HUMAN DISTURBANCE Disturbance is examined from two perspectives - modifications to the physical habitat and actual on- or near-site audible or visible disturbances. The previous (non-Metro) version dealt more with natural disturbances; while we recognize that natural disturbances are very important agents of influence on wildlife communities, the natural disturbance regime in urban areas (e.g. fire, landslides, flooding) is often suppressed or highly modified by human activities. In addition, it is a judgment call as to whether such natural disturbances are beneficial or detrimental to wildlife. Thus Metro altered these criteria to clarify their meaning and reflect more hurnan-related disturbances, and also increased their range of values to reflect the importance of human disturbance to wildlife and habitat in the urban setting. When scoring these and other criteria, keep in mind the extent of disturbance relative to habitat patch size. Habitat modification, structures etc: This category was used to assign a higher value to those sites with little physical modification and to reflect the fact that the removal or disturbance of physical components (food, water, cover) is detrimental to wildlife. The presence of structures, human trails, roads and paved areas, houses, playgrounds, sewer and stormwater manholes, outfalls or pipes, homeless camps, trash piles, etc. alter natural habitat. Significantly modified habitats such as lawns also fall within this category. Houses and buildings intrude light into habitats at night and are also usually sources of further disturbances. Some species seem to be human-avoiders; for example, larger habitat patches with no roads, 5 k trails, etc. in the patch's interior may provide very important "interior habitat" for some disturbance- sensitive species such as Neotropical migratory songbirds. In general, the more physical alterations to a habitat patch, the more altered the wildlife community is likely to become, For example, a moderately wide habitat patch (75-100 m) with some lawn and houses adjacent to the patch but some 25%) intact natural forest and/or other natural habitats, might receive a 4. A large patch with a major trail or several minor trails, but little other disturbance, would receive a 5 or 6, whereas a smaller patch with the same amount of trails and disturbance might receive from 2-4, depending on the amount of disturbance relative to the habitat patch size. Direct human disturbance eo le on trails and elsewhere voices road noise, pets, etc : Even if an area is highly disturbed from a physical perspective, it may receive little human use. Human and human-related (domestic animal) disturbances can be very detrimental to wildlife. This criterion deals specifically with humans (on foot or in vehicles) and their pets, and refers to human-associated disturbances that can be directly seen, heard, or otherwise detected. Examples include road noise, voices, music, construction and industrial noise, lawnmowers, dogs barking, or humans, dogs or cats seen, It is recognized that time and date will influence this criterion; for example, a park visited on the weekend or after school hours may have more humans and pets around. However, that is something we cannot address here without more time and money, thus we can only estimate these influences based on what we see and hear. To compensate for this flaw we assigned a somewhat lower range of scores for this criterion (0-6 rather than 0-8 for the Physical Disturbance category). A site with multiple human (or pet) related disturbances such as road noise, barking, presence of or sounds from humans (voices, chainsaws, music, etc.) receives a low score, whereas a site where none of these influences are heard or seen receives a 6. WILDLIFE Because this is a qualitative rather than quantitative survey method, there are some problems with this criterion, such as: differences in observer expertise, differences in wildlife detectability due to weather, changes in wildlife communities over seasons, and non-standardized amounts of time spent at various sites. As a result, Metro does not at this time intend to use the resulting criterion score in the final analysis phase. However, we would still like your professional opinion of each site's score. Note that Metro has altered this component, which previously relied specifically on the presence of so-called "sensitive species" (those that are identified through an at-risk categorization in state or federal lists). If sensitive species were used, then sites with none detected but with very good habitat would be effectively downgraded, and that is not our intent here. In addition, in-depth searches would need to be conducted in order to locate and identify any of the large number of sensitive species that could be found in the urban region, and that is beyond the scope of this project. Another means of estimating sensitive species presence is to use the Oregon Natural Heritage Program (ONHP) data, but that is too coarse-grained for our use at this time. However, scores based on ONHP data (as well as any sensitive species actually detected onsite) could be added in the office at a later date as the data improves. Thus Metro has altered this score to more reflect wildlife diversity, and relative rarity its the urban region. Metro also moved two subcategories, flora and unique habitat types, to the narrative description, because (1) we are not scoring these subcategories and (2) a better written description of unique and valuable features can be made. Wildlife. Many sites in the urban region will not receive the highest possible score in this category, reflecting the general depletion of certain large mammals and loss of habitat specialists, as well as habitat loss and alteration. For wildlife, the highest-scoring sites might have large mammals such as elk, bear, cougar, bobcat, etc, present, and this is likely only in sites such as Forest Park or perhaps Oxbow (and would be hard to document with our level of effort). Alternatively, a site with a diverse array of native wildlife species such as beaver, muskrat, otter, Neotropical migratory songbirds, and other species may receive the highest score. The presence or signs of presence of any "Sensitive Species" (see Metro's species list) would automatically bump a site up to the highest score in this category. Bald Eagles provide one example, a - 6 ~k- Known habitat specialists or animals that are relatively rare in the urban region, such as presence or sign of Pileated or Hairy Woodpeckers, oak specialists such as White-breasted Nuthatch, Acorn Woodpeckers, Western gray squirrel (also a sensitive species), unusual reptiles, mammals or amphibians, or what appears to be a very good mix of native wildlife species could increase the score in this category up to the maximum even if no sensitive species were found to be present. If only common wildlife were apparent except for Pileated Woodpecker sign, the site should receive a 1 or 2. A site with high abundance of nonnative species such as European Starlings but few other species beyond the commonplace should receive a 0. Presence of a heron rookery would increase a site's score to 4 because of its importance to a large number of water-dependent birds. Bats are of particular interest in the urban setting, thus bridges and structures should be quickly checked for crevices >'/z". IMPORTANT HABITAT FEATURES Interspersion with ether hahitats: Habitats are important to one another in the sense that a number of different habitat types and habitat patches adjacent to one another can provide an overall diversity of vegetative cover, food, and often water, as well as the potential for wildlife to move between patches. Therefore, an isolated site surrounded by pavement, buildings, bare ground, etc, would receive a lower interspersion value than if the site were surrounded by other habitat types, such as wetlands (emergent, forested, shrub), upland forests, shrubby areas or meadows. Sites receiving the highest scores would have other habitat patches nearby, and some of those habitat patches would be different habitat types than the site. The interspersion ranges from 6 for high interspersion to 0 for low interspersion. Downed wood, old stumps and snags: The scientific literature indicates that downed wood is a fundamentally important habitat element for terrestrial insects, amphibians and small mammals. Downed wood also provides critical refugia for instream wildlife (addressed in "Channel morphology"), and ultimately derives from terrestrial sources. Snags are included here because they are future sources of downed wood, therefore indicate the continued presence of downed wood over time. Although there is some overlap with the "Nesting and denning sites" category within Cover, the importance of large downed wood justifies snag inclusion here. Sites with little or no downed wood, old stumps or snags receive a score of 0, sites with a moderate amount of such features receive a 4, and sites with relatively high amounts of woody sources receive an S. Percent. nonnative _ plants: Nonnative insects, birds and other animals are generally associated with nonnative plants, whereas native animals generally prefer native plants. Nonnative organisms are a major threat to biological diversity, particularly in urban ecosystems. Edge habitats tend to contain more nonnative plants than interior habitats, thus it is important to mentally average the overall percent nonnative cover across edge and interior habitats. Nonnative plants could also have been included in the Habitat Modification criterion under Human Disturbance; we chose to place nonnatives under Important Habitat Features because they have the potential to influence several other categories (e.g., food, cover, unique features). We have assigned different scores to each vegetation layer, recognizing that all layers are important, but some more so than others. The herb layer, with short generation times, is usually the first to "go nonnative," and is not as important to wildlife in general as the shrub layer. The shrub and canopy layers provide critical nesting habitat, cover, and food to native insects, birds and other wildlife in our region, thus these two layers are assigned greater potential point values than the herb layer. For each layer, the lowest score reflects a strong nonnative component (e.g., > 25% overall nonnative), whereas the highest score reflects primarily native plant cover (e,g., >95% natives). TOTAL SCORE This can be done in the office. Each site received a total score by adding up the points on the WHA Scoring Sheet. 7 WILDLIFE HABITAT AsuSSMENT NARRATIVE SITEET Portland Metro Region Observer Dame(s): Date and time: Site ID: Site Name: 1. Weather Wind: Precipitation: ❑ None ❑ Mist ❑ Lt rain ❑ Med raiii ❑ Bard rain ❑ Other ❑ Snow Percent cloud cover: ❑ 0% ❑ 33%0 ❑ 66% ❑ 100% Temperature: 2. Physical parameters Site dimensions and acreage (calculate using GIS; attach map for each site); General topography (flat, rolling, ravine, bluff, etc,): '7'ewhIn 1 • AR70#PY Tl~~tllYr?C t111ti t11t1 tl,,? C1mr ?w,.d virt-,a (Y1nndG- fFrl lt~S_ S'trf;rhm.4'. wetlands_ 0-tc.: fill in tabte); Type Number, size or extent Condition (describe) Isolated or connected to stream? (wethands) Vegetation? {list) Major structures, roads, playgrounds, parking lots, etc.; 1 3. Vegetation Table 2: Vegetation type(s), dominant species in each vegetation layer (herbaceous, shrub, tree canopy), miri C1t%hrnV1MM+1' 1~~rr.~nt~rrpc nf'Panh hnhitat tvnp (tip Tnhn.goti and O'Neil's 2001 scheme): Habitat Type WATR HWET RWI+T WLCH WOO WTGR FIELD AGPA IURBN Approx. % cover Dominant herb species ]Dominant shrub species Dominant canopy Spp (>.5 m) _ 8 Table 3: General estimate of percent tree and shnib cover- % Cover <5% 5-25% 26-50% 51-75% 76-100% Herb Shrub Canopy Table 4: Snag abundance and size (relative to size of habitat patch General abundance Absent Low Medium High Small dbb 510") Medium Ali (1024") Large dbh (>24") Comment on general health and vitality of habitat. Is there new vegetative recruitment? Different aged trees? Flora: If there is a particular species of plant present that is sensitive or unique in some way, list it here. Include unusually significant findings such as large clumps of ninebark, red-osier dogwood, very large trees, etc. If Oregon White Oak or other species of interest is present but not dominant its presence and relative abundance should be documented. Rarity of habitat _type:. List the presence and extent of rare habitats such as oak/madrone, native grasslands (basically absent, but include non-reed canarygrass grasslands that look good), and bottomland hardwood forest (should be cottonwoods present), 4. 'wildlife Species observed (herps, fish, birds, mammals) or known to be present (include wildlife sign, such as rubs, scrapes, tracks and droppings, woodpecker sign, etc.): 5. Herman disturbance List human uses and use by domestic animals: List proximity to residential/developed areas, and type of nearby developments/land use (may be done from aerial photos in office if not visible in the field): Use aerial photos to assess interspersion with other natural areas (done in the office, not in the field), 9 G. Current restoration efforts and restoration potential: Comment on evidence of restoration and enhancement efforts currently on the site (include notes oil apparent success or failure): Comment on enhancement and/or maintenance that would improve habitat. Be sure to link this information closely to the "Enhanced Score" category on the scoring sheet. ❑ Remove nonnative plants: type prevalence Upland (nonstreambank) plantings are needed (describe): ❑ Streambank plantings are needed (describe): Slope stabilization: Trash or other cleanup (describe): ❑ Other (describe): ❑ Other (describe): 7. Additional comments: General description of other habitat features (food sources, bird feeders, roosting, perching, nesting, etc,): Other unique or outstanding features: Other notes and comments: 8. Aerial photograph "to do's:" ❑ Delineate the habitat surveyed (all sites) ❑ Confirm or correct wetlands, if possible (use an encircled check 4; add new ones not on map) ❑ Correct stream lines when possible ❑ Mark significant patches of reed canarygrass, Himalayan blackberry, other invasives ❑ Mark important rare habitat patches ❑ Mark important single features (very large trees, etc.) ❑ Label habitat types (Johnson and O'Neil scheme) ❑ Label possible restoration sites (when not apparent from invasive delineations) 10 WILDLIFE HABITAT ASSESSMENT SCORING SHEET Portland Metro Region Observer(s): Date: Photos? No Yes Roll & Rxp4 Site ID: Site name Thomas Guide # Directions to site entry and extent of area surveyed: Score Score Component Range of Values Eaistin- Enhanced Comments Seasonality and None Moderate Good uantity 0 4 8 g Channel morphology, boor Moderate Good - complexity, alteration 0 3 6 d ProYirnity to cover None Near Adjacent 0 4 8 Diversity (streams, Zero One Two Three-D ponds, wetlands) 0 4 6 8 Variety Low Medium High 0 4 8 p Quantity Low Medium l4igh 0 4 8 Seasonality Low Limited Yr-round 0 4 8 Structural diversity Low Medium High 0 4 8 Variety and seasonality Low Medium High p 0 4 8 U Nesting and denning Low Medium high sites 0 2 4 Habitat modification, High Medium Low structures, etc. 0 4 8 Direct human disturb, High Mediurn Low (trails, road noise, pets) 0 3 6 A Wildlife Not diverse Somewhat Very 0 2 4 Elora Not unique Somewhat Very Do not score in field. 0 2 4 Rarity of habitat type Not rare Somewhat Very Do not score in field. 0 3 4 w Interspersion with other Low Medium High Done in office using aerial photos, habitats 0 3 6 Do not score in field, Fo Downed wood, old Low Medium High stumps, snags 0 4 8 %nonnative herbs 100% 80% 50% 10% 0% p., 0 1 2 3 4 % nonnative shrubs 100% 75e% 500M 25% 10% 5% a w 0 1 2 3 4 5 6 %nonnative canopy >W% 5% 3% 0 0 2 3 6 Existing Enhanced TO'T'AL SCORE:, 11 Agenda Item # Meeting Date August 11, 2009 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consideration of a Resolution requesting that the Washington County Board of Commissioners consider creation of Citizen Partici ation Or ^an-o~n CPO 4T Prepared B~~: Liz Newton Dept Head Approval: W City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the Council adopt a resolution requesting the Board of County Commissioners consider creation of CPO 4T? STAFF RECOMMENDATION Adopt the attached resolution which reflects city council's previous discussions and direction to staff. KEY FACTS AND INFORMATION SUMMARY After a brief discussion at the April 14, 2009 City council meeting, consensus of the Council was to direct staff to draft a resolution requesting county consideration of creation of a CPO 4T. Staff prepared a draft resolution £or council review and discussion at the June 16 workshop meeting. Council discussed the resolution, had no revisions and agreed to consider adoption on the July 14, 2009 consent agenda. (Copy of draft minutes attached) Councilor Henderson requested the item be pulled from the consent agenda for further discussion. Councilor Webb, who was scheduled to be absent from the July 14 meeting, requested the item be carried over to the August 11 Business meeting. Washngton County Resolution & Order 86 - 5 establishes the CPOs and sets out the Scope of Activities. The first activity listed in the resolution is to: `Advise and consstlt suith the 8oalrl of County Canr»rissioners on matters affecting the livability of the conrmuniiy. Such »ratterf wordd include, but not be limited to planning, houjing pal ks, open space and reoration, hrrnran resoulre delivery system ,water and sewage disposal systems and other natters affecting the livability of the community. " Creation of one CPO for the city of Tigard would provide a vehicle for Tigard's citizens to come together to discuss issues of countywide significance. Currently Tigard is split and served by two CPOs that also serve residents of unincorporated areas. (Map attached.) CPO 4B discussed the issue at their July 2 meeting. Consensus was to continue the discussion at the September meeting. CPO 4M officers sent a letter to the Board of County Commissioners taking a neutral position on the issue. (Copy of letter attached.) If the proposed resolution is adopted, it will be formally transmitted to the county with a cover letter summarizing council's discussion on the request. Copies of the letter and resolution will also be provide to CPO 4B and CPO 4M. OTHERALTERNATFVES CONSIDERED Modify the proposed resolution. CITY COUNCIL GOALS N/A ATTACHMENT LIST Resolution Draft June 16 City Council minutes Map CPO 4N1 Letter dated July 18, 2009 FISCAL NoTEs N/A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION OF THE TIGARD CITY COUNCIL REQUESTING THAT THE WASHINGTON COUNTY BOARD OF COMMISSIONERS REMOVE LAND WITHIN THE TIGARD CITY LMTS FROM CP04B AND CP04M AND CREATE CP04T AND MAKE PROVISION FOR THE AUTOMATIC 'T'RANSFER OF PROPERTIES TO CP04T AS THEY ARE ANNEXED TO TIGARD CITY LIMITS. WHEREAS, the Washington County Board of CoMMISsIoners adopted Resolution & Order 86-5 on June 3, 1986 to adopt a Citizen Participation Policy for Washington County and providing for its implementation, including establishing Citizen Participation Organizations; and WI IERE, AS, the City of Tigard is divided into CP04B and CP04M; and WHEREAS, the Scope of Activities defined for CPOs includes "Advise and consult with the County Board of Commissioners on matters affecting the livability of the community"; and WHEREAS, Neighborhood Associations may also be recognized as a substructure of the CPO program; and WHEREAS, the boundary of CPO#2 is nearly coterminous with the City of Beaverton's Neighborhood Association boundaries; and WHEREAS, up to two representatives of the City of Beaverton's Committee for Citizen Involvement (CCI) can be recognized as members of the County's CCI; and WI-EE, REAS, the City of Tigard has an active CCI and Neighborhood Network Program; and WHEREAS, Tigard City Council recognizes the importance of direct communication between Tigard citizens and their county government to represent their common interests. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council respectfully requests that the Washington County Board of Commissioners initiate the process to remove land witlhin the Tigard city limits from CP04B and CP04M and create CP04T. SECTION 2: The Tigard City Council respectfully requests that the Washington County Board of Commissioners include a provision for automatic transfer of properties from their former CPO to CP04T in the case of future annexation to the City of Tigard. RESOLUTION NO. 09 - Page 1 SECTION 3: This resolution is effective i.inmediately upon passage. PASSED: This day of 2009. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 09 - Page 2 DRAFT 'Al 5. DISCUSSION ON DRAFT RESOLUTION REQUESTING Ti-iAT WASHINGTON COUNTY CREATE A CPO 4T 9:33:50 PM Mayor Dirksen asked Council if they had reviewed this item and if they had any questions. Assistant City Manager Newton said if this was the direction they wanted to take staff would bring this back on a future consent agenda for Council action. Councilor Webb mentioned a discussion she had with Washington County Commissionet Rogers who was favorable to this but said Tigard should make sure islands within the City arc included. Councilor Buchner said areas should also be added as they are annexed. Assistant City Manager Newton said that may be a problem with people who are not currently in the City limits because the purpose is to give residents of Tigard their own representation to the Board and they may have different issues. She said County staff agreed that we should make sure people are added as they are annexed. Mayor Dirksen said regarding islands, the issues of people surrounded by the City tend to be the same as those within the city. I le suggested some outreach to explore this more fully. City Manager Newton said this would be placed on the July 14 consent agenda. 6. 9:36:35 I'M City Manager Prosser announced that the Tigard City Council would enter into an Executive Session under ORS 192.660 (2) (d) to discuss labor negotiations - - _ I.y _ . - RAOEIEMAN•ST saahador?a y y - _ J _ - T. _ Oecmnr PUk _ . LVEIR~Rb - - - `.T __7 s' ScY,OtUtFERR4lRpr-r _ ~ rear,.ts - - - ~~'^Lruuis7 a L.kP J L. JL_ i 1e51 ~ s. q BEEFBfNgIRO~~~ i - i T. _ ardrrraarcw,rPP ~ ' L-1 ~~^r^+•TAVU3RS'RRRY•R,D ' GlrrarR i - . sere i _ cemetery[? ! as Iii fm-,nv Grek ! • Park. ~`/t 4AL0'ST RnchPUt ~ TWaletyms icsvfi - ~~~71fAW}ryN•Rb nffardrts CerY Put 40 F i I A ~ QaR i ew L-` - trrerr PUk _ ~ _ ¢ h C - KFRR•Rp I Fs~ W -II - rr r-I MELROSE•ST B0-f~aw r~ RRUSE•WA BONITA•Rb -71 a I 1 ~ - i ~rE l - CPO Boundaries • I j ® Tigard City bmiL✓ a ~ •1 1 a .~I ,GARu pS c - I r~ GEPA~iRO 13j7s sw rt n,r a,,,, rf,ra.d, Oren on 97?I3 , A`-`'- - 507.839. 4f7i n•We a wwty. •fnn rd-v CPO 4M c/o Pat Whiting, Chair 8122 S.W. Spruce St. Tigard, Oregon 97223 July 18, 2009 0V Tom Brian, Chairman & TO Washington County Board of commissioners ~d 155 N. First Avenue, Room 300 \~2~oK\ Hillsboro, Oregon 97124-3072 ~'xx Dear Chairman Brian & County Commissioners: "Regarding the draft Resolution of the Tigard City Council requesting that the Washington County Commissioners remove land within the Tigard City limits from CP04B and CPO 4M and create CP04T." Although CPO 4-M would prefer that the City of Tigard remain within the County designated Citizen Participation CPO structure as currently identified, we respectfully acknowledge the right of the City of Tigard and its citizenry to seek adoption of their draft resolution. And, it is recognized that the case of CPO 2 is an example of the City's determination to resemble this scenario in behalf of their position. If the City of Tigard draft resolution were approved there is concern that the City of Durham would be seper- ated from the current CPO designation. Durham is adjacent to the City of Tualatin and due south of Tigard. It is currently at the southern end of CPO 4M. As officers of CPO 4M we concur that this important matter be evaluated and acted upon by elected officials of Washington County the County Commission - as the request is coming from the elected body of the City of Tigard the Tigard City Council. The months of July and August, 2009, CPO 4M is focusing on the National Night Out program "to take a bite out of crime, August 4, 2009. Our next regularly planned meeting will be September 23, 2009. At this time, therefore, the volunteer elected officers of CPO 4M are hereby responding to the City of Tigard Council's draft resolution and have concurred neutrality on the issue before you. Please advise as to the June 27, 2001, Resolution and order #01-75 of Washington County. Thank you for your attention. Respectfully submitte~,d/-- Pat Whiting, Chair D Yedlo)lte ig, vice-Chair Trudy Know Ye at ry cc: City of Tigard, City of Durham, CCI