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City Council Packet - 02/09/2010 q TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING February 9, 2010 COUNCIL MEETING WILL BE TELEVISED I: \Ofs\Donna \Ccpktl 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov City of Tigard 11 Tigard Business Meeting - Agenda TI GARDE x; TIGARD CITY COUNCIL MEETING DATE: February 9, 2010 — 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign -in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503 - 639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503 - 639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). 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 AF1'ACHED AGENDA TIGARD CITY COUNCIL— February 9, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard - or.gov I Page 1 of 6 City of Tigard Tigard Business Meeting - Agenda g g g TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE /TIME: February 9, 2010 — 6:30 p.m. Study Session; 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 o Discussion on Burnham Street LED Lights and Paving Alternates — Public Works Department Staff o Highway 99W Project Briefing— Community Development Department Staff o Administrative Items o Council Calendar February 15 MondayPresidents Day Holiday — City Hall Closed 16* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 23* Tuesday Council Business Meeting — 6:30 pm, Town Hall March 9* Tuesday Council Business Meeting CANCELLED 16* Tuesday Council Workshop Meeting RESCHEDULED to March 30, 2010 23* Tuesday Council Business Meeting — 6:30 pm, Town Hall 30* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall TIGARD CITY CO UNCIL— February 9, 2010 City of Tigard I fm 13125 SW Hall Blvd., Tigard, OR 97223 ( 503 - 639 -4171 , www.tigard-or.gov I Page 2 of 6 - - 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non - Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Taylor Friesen • Tigard Chamber of Commerce Chief Executive Officer Debi Mollahan • Follow -up to Previous Citizen Communication • Citizen Communications Sign Up Sheet 7:45 PM 3. CONSENT AGENDA: (Tigard City Council) 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 Council Minutes for November 10, 2009 3.2 Receive and File: a. Council Calendar b. Tentative Agenda c. Minutes for November 16, 2009 Joint Meeting with the Park and Recreation Advisory Board (PRAB) 3.3 Local Contract Review Board: a. Authorize the Mayor to Sign two Intergovernmental Agreements (IGS's) with the Oregon Department of Transportation (ODOT) regarding Construction of Improvements at the Intersection of Highway 99W /Greenburg Road and Main Street • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council /City Center Development Agency has voted on those items which do not need discussion. 7:55 PM 4. BURNHAM STREET AND CAPITAL IMPROVEMENT PROJECTS (CIP) BRIEFINGS • Public Works Department 8:10 Piet 5. REVIEW OF REGIONAL TRANSPORTATION PLANNING ACTIVITIES • Staff Report: Community Development Department 8:25 PM 6. CONSIDER AUTHORIZATION OF A PARKS, OPEN SPACE AND TRAILS BOND ELECTION TIGARD CITY COUNCIL— February 9, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard- or.gov I Page 3 of 6 • Staff Report: Public Works Department • Council Discussion • Council Consideration: Resolution No. 10 -09 Council Member: I move for adoption of Resolution No.10 -09 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the resolution? City Recorder: Resolution No. 10 -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 $ TO FINANCE THE COSTS OF CAPITAL CONSTRUCTION AND CAPITAL IMPROVEMENTS; DECLARING INTENT TO REIMBURSE EXPENDITURES; AND RELATED MATTERS. Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 09 -09, please say "aye." Mayor /Councilors Mayor: All those opposed to adopting Resolution No. 09 -09 please say "nay." Mayor /Councilors Mayor: Resolution No. 09 -09 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes = failure to pass. 8:40 PM 7. CONSIDER RESOLUTION TO RENEW THE CITY'S INCENTIVES TO ANNEX UNTIL FEBRUARY 2011 • Staff Report: Community Development Department • Council Discussion TIGARD CITY COUNCIL— February 9, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 4 of 6 • Council Consideration: Resolution No. 10 -10 Council Member: I move for adoption of Resolution No. 10 -10 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the resolution? City Recorder: Resolution No. 10 -10 — A RESOLUTION AMENDING RESOLUTION NO. 07 -13 TO EXTEND THE INCENTIVES FOR VOLUNTARY ANNEIXATION OF UNINCORPORATED LANDS TO THE MUNICIPAL CITY LIMITS TO FEBRUARY 2011 Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 10 -10, please say "aye." Mayor /Councilors Mayor: All those opposed to adopting Resolution No. 10 -10, please say "nay." Mayor /Councilors Mayor: Resolution No. 10 -10(is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Note: Tie votes = failure to pass. 8:55 PM 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. TIGARD CITY COUNCIL— February 9, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 5 of 6 9:05 PM 11. ADJOURNMENT TIGARD CITY COUNCIL— February 9, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 6 of 6 City of Tigard • Study Session — Agenda 'TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: February 9, 2010 — 6:30 p.m. Study Session; 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 o Discussion on Burnham Street LED Lights and Paving Alternates — Public Works Department Staff o Highway 99W Project Briefing— Community Development Department Staff o Administrative Items o Council Calendar February 15 MondayPresidents Day Holiday — City Hall Closed 16* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 23* Tuesday Council Business Meeting — 6:30 pm, Town Hall March 9* Tuesday Council Business Meeting CANCELLED 16* Tuesday Council Workshop Meeting RESCHEDULED to March 30, 2010 23* Tuesday Council Business Meeting — 6:30 pm, Town Hall 30* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall TIGARD CITY COUNCIL STUDY SESSION AGENDA — January 26, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard - or.gov � Executive Session — The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) (f) - Exempt public records — to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192 -660 (2) (g) - Trade negotiations — involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel — for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment- related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) (j) - Public investments — to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. I:\ADM \CATHY \CCA SS - PINK SHEET\20I0 \10209.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA — January 26, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 503- 639 -4171 www.tigard- or.gov � cL cQ Feb 8, 2010 -� l nO Cuer The Honorable David Wu a I g I 1 0 2338 Rayburn HOB Independence and S. Capitol St, SW Washington, D.C. 20515 (c Dear Congressman Wu We are writing to offer suggestions for necessary improvements to the Active Transportation Fund Act introduced by Congressman Blumenauer on February 11th. The Act would establish a $2 billion competitive grant program in the Department of Transportation for cities to create active transportation networks that provide safe and convenient access for pedestrians and bicyclists. Applicants would need to demonstrate broad community support for their active transportation network and indicate how their investment will contribute to a significant "mode shift ". Qualified cities would receive grants ranging from $5 million to $15 million each year between 2011 and 2014. Increasing people's ability to choose biking and walking as viable transportation options is important from both a land use and a transportation perspective. Providing a complete community that encourages and allows healthy and environmentally friendly lifestyle choices should be the goal of every jurisdiction. Toward that end, a new and secure funding source should be created that is limited to the construction of active transportation facilities such as bike lanes, bike boulevards, and bike and pedestrian paths. However, we feel the proposed legislation as introduced includes some language that will make it unpalatable to many Americans and Members of Congress, and ultimately will not give it the secure funding source these projects need and deserve. One of our concerns is the emphasis on "mode shift" to qualify for grant funding and the implied mandate to require residents commit to a different behavior from that they would individually choose. We would suggest that the intent of the Act be changed "to facilitate the creation of a complete transportation system that provides residents with options for their transportation choice ". The other, and major, concern we have is the identification of the funding source for project grants. The Act as written indicates that appropriations would be taken, in amounts of up to $466,666,666 annually, from the already inadequate and endangered Highway Trust Fund. We feel that to fund this new program from an existing and under supported source is inappropriate and endangers not only the viability of this important new program but also the Trust Fund itself, which already fails to provide the level of funding necessary to support the surface transportation needs identified nationwide. We strongly encourage Congress to modify the language of the Act to define and create a dedicated funding source appropriate to the task such as bicycle registration or licensing, or some other as yet unidentified source. It is our hope that all like- minded individuals seeking to create a better future for our citizens can come together in collaborative agreement on this important legislation. Once these or similar changes are made to the draft Act we would strongly support it and encourage our colleagues around the country to do likewise. Sincerely Co .4 mint 30115 N3oo0M Z a u►lu,./ dyne Joys uapukll /o .fsJ p� 01 • . y . . 1 ��. . ,, ! ! ; ` • t ! T • k •i A- ,1 1 A 11 4 ' P • . y • r r rrrr rrrr rrrrrrrr - rrr eui113 `uagzuagS 4o Ma!A s fined aouapodxa MaU e JoJ paean o} Hai 4 }seoo uofiaJo 01J4 do aApp oivaos a a�el suoggeugsap �anea� 4o 11,14 s! a `e uangpoo a! lAR 4 4.-. .44)4- y Y ' 4 ■ .1 1,14 ii;! 12 Travel on a Shoestring 'I --, e* , t, Nri li , 1 ;17 fk, . _..- 1, �i it1 I 0 , i, i y • i � b i It IF ,, _ _ - * 3 !�'� j „,,,,,,N. '11 -, .._ , if • ;k 4 _ ., ... ,..., _ , , .iii it _ = -_ '-`�� '� Light rail into the past and make new frOe u d, On - 1 `q. by Eleasah Gerdes 1' Y Street in Tigard, you will find an new friend and visiting a few iU` endless amount of quaint shops and other shops including Main St. "I� W II G G e don't have customers or restaurants. If you're trying to save Stamp & Stationery, we stopped , I l 1' clients, but friends we do a little money, you can still have in Cafe Allegro for lunch. gr Several { I, business with,” says Don Hanson, fun window shopping or meeting people throughout the day had !, owner of Tigard Cleaners. It was the friendly proprietors. recommended it, so we just had to ,I this friendly attitude that drew us Chuck Woodard, owner of try their authentic Italian cuisine to Tigard for a day of good food, Tigard Liquor Store, was born in for ourselves. 11 shopping and a little exercise. Tigard and has been doing business Being budget - minded (and One way to enjoy a there since 1953. He recounted to waistline- minded) we split the familiar place like Tigard is to us a funny story about what life chicken artichoke dish at Cafe take advantage of the unique was like when he was a child. He Allegro for $9.95. The description opportunities they offer. Many remembers the streets back then of sliced chicken breast, marinated II people suggested we grab our bikes weren't paved and the horses, artichoke hearts, fresh mushrooms and hop on TriMet's Westside wagons and old -time cars would and green onions sauteed in a 1, Express Service (WES) Commuter create deep ruts in the street. One thyme cream sauce served over 1 Rail which will drop you off day when he was 4 or 5 ears old, penne pasta was tantalizing to say ! I R ,, right near Main Street in Tigard. he was walking across the street the least. Fortunately, the dish lived We bought a one -day pass for and fell in one of these trenches. up to our expectations. .1 $4.75, hooked our bikes up to the Since it had been raining he wound Once lunch h had satisfied our I Ii convenient racks on the train and up covered in mud and, needless to appetites we started off down I ! prepared ourselves for the fun say, his mother wasn't too happy Main Street again. We stepped �; ahead. about it. in Musi's on Main, a resale and Once you arrive at Main After saying goodbye to our consignment shop, and found a At Tigard Cleaners, we treat you like family. z � s 1 c> Thee Generations Serving Tigard On Site We Have Every Drink Imaginable! ; Call 1 Y our Complete Shop for Mixers & Accessories I 1 o t stop in today! Tigard Liquor Store I I l -. ,14: � 503- 639 -2000 503. 639 -1483 l I I c Mon thru Sat, ii a.m. to 7 p.m. I TIGARD 12519 SW Main 12490 SW Main St. • Tigard i k,. 1 , CLEANERS Tigard, OR 97223 _ -�` i 1 - ., II' ! , _ Since 1960 . �`.. -- Travel on a Shoestring 13 touching card which we purchased. = _ f - f � - <:.;. t, Suzie Duncan -Winn, the artist who e, '. ' . l; , `' •-'.7' ` _4 ii created it, is a local elementary �`-� `` ,, s 4 1 " .- - ' 4 school student with autism who has y 0. f` i a passion for drawing. Proceeds i J ' ' • from the sales of these cards goes �, ` � / \ \ , towards her college education. - . -- Next time you're in Tigard, don't pass up the opportunity to support f - N this budding artist. _ _ .; ,,,, ` — . _ __ As I mentioned earlier, we • • ' � ;` 'a; • k - ) -' 1. ' � also had the pleasure of meeting •:a • Don from Tigard Cleaners who - -6,41. "' s { �� ( k has been doing business in Tigard \ • , .."\liet--J4.4..•-..- , \: ,,,,., 4 4iik since 1960. He has seen a lot of *'-,' Alli growth throughout the years and has enjoyed being a part of the "It's been a joy to grow up with of Heaven. Proprietors, Mike and thousands of little events that go them," says Don. "It's kind of like Maria Ritter, will give you a free into making a community. Some a family reunion when they come sample of one of the delectable of his customers first came into in." treats to try. The most amazing his shop as children and now have Another local shop that will thing about their delicious desserts grandchildren of their own. treat you like family is A Taste is that they are safe for diabetics. NEW Burnham Street coffee, comfy chairs and a warm fireplace... and Downtown Tigard 1 What more could you ask for? IP Coffee • •T t ® (` F, ' Grilled & Cold Sandwiches : • Ch eck •• `) f t \, Beer • Wine • Appetizers : o our e . F (� /?� Monday thru Friday, 6 to 6 '. chop! n * Of L 7 Saturday, S to 4 0° °`` n o S • US I F, .. I Beveland Street Coffee House It 503- 670 -1796 It "' 17i ` ` ` "'`{ 7357 SW Beveland St. • Tigard, OR 97223 1 )o\ n;uw; n l ...u, .40,41 d0otig!)gaid<f 1 Burnham Street and . Come in for authentic, gourmet Downtown Tigard have t 'd Itauuan cuisine in a cozy bistro setting . Perfect for business I luncheons, Hendly g atherings or intimate get- togelhers I . :u l . n,I I,i , ` -. : �fl,�.l in any 11.0) � — I 1 Cafe � - Allegro 1, RESTAURANT - ./ 1' & CATERING 503 -684 -0130 ,�' , 1 CA tN \1nrtr 'r 12386 SW Main St. ,, ;;A;.t q rd- nr.gur /Burnh ami, ,; «, ., Tigard, OR 97223 • i 14 Travel on a Shoestring They use a Xylitol- Fructose blend break. You'll also find a serene The next step l as the sweetener and 100 percent view of the park to enjoy before organic whole wheat in over 70 you pick up the trail again. If you Jim Griffith Memorial Skate Park 1 percent of what they sell. After keep heading south you'll want to Watch some highly skilled I being diagnosed with diabetes check out Tigard's Cook Park and skaters tackle the drop -ins. Or �� himself, Mike discovered he didn't Durham City Park. Our day was bring your own board and join in like most sugar -free desserts, so he about over so we rode back down the fun. L' took matters into his own hands. the trail back to Main Street. I. Now they produce goodies that Before picking up the WES Beveland Street Coffee House I, everyone can enjoy. Even those to head home, we tried to spot a Cozy up to the fireplace with 1 . without diabetes will love them just glimpse of Thor, the dachshund a nice warm cup of coffee or ,l like we did. dubbed the Volunteer Public tea. Peruse their gift shop and 1 After enjoying our desserts and Works Construction Manager who stave off hunger with a grilled �` buying a few for later, we figured it has been helping (or just looking sandwich. 'I was a good time to cash in on our cute in his safety vest) with the I plan to get a little exercise. Bike or Burnham Street improvements. Summerfield Golf Course I � walk on the Fanno Creek Trail to Alas, we didn't see him, but it will Play a round of golf at the Tigard Library and then sip a give us an excuse to visit Tigard this course situated among latte and read a book for a relaxing again in the near future. neighboring homes. The course il li ��_ `_ is relatively flat with few hazards. ..-z {.. _ �'r"=V The Ballroom Dance Company li Trip cost per pers tom' Y t Get your groove on They offer II �.:,�:4 -.4 lessons and instruction to singles l! '' '' II WES Pass 4.75 and couples. Make time to attend .; 7` c ' a dance party and show off your Lui&ch 4 5.00 c.--ft' =�; & -r.-rT. new moves or just watch others. I I Card 4 2.25 t I � 1 1 Desse .00 t _ 1 cam , > , - �' . ,L�. il k — * . The Broadway Rose -,% Enjoy an extraordinary musical 4 ' Total. $16.5 ' ` u r - where they are dedicated to r keeping live theater affordable. i; lr ' ' = =' - Their breadth and talent rivals III '' (-- '--4.1 the national Broadway tours. I , i \ , cur o s f 11tc City of Ti. t ,d } •10 of our own beers on tap 1J • • Good Food – No Trans -Fats {! " ' • Fu11 Bar •Free Wi -Fi �f r ". �� '� •Children's Play Area D �� a ) Open 11:30 a.m. Daily .w :� . ‘.1k.1114 -' J t 1 J 7 Days a Week ht.ne by KEITH HERRMAN . ' ...a atherin place Gathe I 9 9 P nt7k ttnirn Two distinctive ane -acts create an rrat. jtt at entertaining musical that explores ={ Lunch Menu, 11:30 a.m. l0 2:3Q p.m. ��.�tarrr; the highs and lows o(love. Hoppy Hour. 3:00 p.m. to 6:00 p.m. Ti E I 7;cf�rt. r,- . BROAD 1 503- 624 -9400 • Fannocreekbrewpub.com s ,n_ s,; p L /'. T �, E, t- � 503- 620 -5262 � 1 SW Main • St. • 1](111'11town Tigard N c�� STALL THEATRE I Iai eu'•AN+ - Travel on a Shoestring 15 TorbL cievu mroadwa j' Lampoons vikt,tsLcaLs at Uroac(wu Rose VIentre by Gloria Johnson sing the impossible song, to clear r► = -- r i my unclearable throat" to the tune of : T he Broadway Rose has opened "Impossible Dream." Lamb also takes 1 ; -ti. . its 2010 season at its theater in a shot at famous producer Cameron r Tigard with Forbidden Broadway, a Mackintosh as he enumerates a `few of I tiOX OFFICE hilarious musical revue that lovingly his favorite things' from The Sound of -% - pokes fun at over a dozen of some of Music, resulting from the producer's • tti ` Ci 1 musical theater's iconic hits including: many financially successful Broadway Fiddler on the Roof Phantom of hits. , �' the Opera, Sound of Music, Mary The very talented Megan Carver ; - le ... 4 , r Poppins, Mamma Mia, Man of La spoofs Carol Charming, the legendary -- M - ,• Mancha, Les Miserables, and Cats. It and long - running star of Hello, Dolly. i I also targets famous Broadway actors, Later Carver masterfully parodies Liza writers, and composers, including Minnelli. Rebecca Teran portrays a Carol Charming, Cole Porter, Liza more mature, red - dressed Annie as - Minnelli, Bob Fosse, Stephen she laments becoming "30 years old, actors parody the blocking in Les Miz Sondheim, Barbra Streisand, and tomorrow." Wade Willis is a pathetic by constantly whirling and spinning Andrew Lloyd Webber. looking cat from the Andrew Lloyd around the stage. The show's director, Rick Lewis, Webber hit Cats. He sings "I Enjoy Each member of the cast is great was working in New York in 1982 Being a Cat" because it's brought individually, but their ensemble when Forbidden Broadway first him so much money, but confides that singing is excellent. "Ambition" — opened as a cabaret act. It now has 15 next season "I'll be playing in Lloyd their version of "Tradition" — from editions and 25 cast albums. Webber's next show as Rin Tin Tin." Fiddler on the Roof brings down the • Due to passionate show tunes, He also is a hilarious phantom of the house with shrieks of laughter. sometimes corny blocking, overblown opera singing "Mucus (Music) of the The cast flawlessly carries out romanticism, convoluted plots, and Night." dozens of quick costume and wig self- indulgent stars, musicals provide Les Miserables leaves itself wide changes with the help of a terrific fertile ground for lampooning. open to dozens of spoofs. "On My production crew. Costumes by Eyan The cast of four, together with Own" becomes "On My Phone" as Candini put the finishing touches on remarkable pianist, Kurt Crowley Carver, playing Fantine, is so caught a show that is two hours of delightful (he doesn't use a piece of music), hit up with her cell phone that she can't and reasonably -priced entertainment. the stage running with high energy. wait to talk to a friend — "I'll call you The Broadway Rose Theatre Everyone, that is, except Isaac Lamb, back after I die." To the tune of "I Company has been producing theater who in his first number as Don Dreamed a Dream" Teran whines, "I in Tigard since 1992. It is the only Quixote drags himself on stage with dreamed of shows in days gone by, professional musical theatre company a metal cane and feebly begins "To when pathos wasn't overstated." The in Washington County. { !!! • Cut Flowers •Plants •Mail Order Roots • Free Catalog • The Largest Selection of Unique Adelm Handbags in Yamhill County 1 56 90 Br ooklake Rd NE t i� Peo Salem, OR 97305 Peony ,e-:74 I -5 exit 263 (Brooks), 1.5 miles Fast 503- 393 -6185 j f• j '1,1 ib—i_c J : -� w GAY ens w�'•Peonyparadise.com e l `� -'•• • • r.,..�. 2 .. e ; s:- a r. - , ;i ?E-41 ' _ -) A Purse within a Purse Organizer • = t �, m r ti , ;r e t ••:- : Iani5 3letuefrp SC Q ift5 I . . ' - ' • - %:' . -'. -. - —• - •4•`� " Mon. tliru Sat., 10 to 6 • 503- 537 -8826 • 718 E. 1st St. • Newberg R. :.. ^. 16 Travel on a Shoestring BUBS BREW Fanno -� said it. That's right: because everyone Creek had a variety that I found to be loves a brewpub. If you haven't yet caught on to particularly pleasant, foods ranging 'a ' I it, I'm going to talk to you about from the standard American burger 1 a brewpub I went to. Fanno Creek all the way to exotic coconut - shrimp Brewpub is just off 99W in Tigard. I tacos. I didn't try the shrimp tacos this I dined there recently and found a fine visit but I do plan to return and try variety of beers brewed right there. them at Fanno Creek when they host I \ Tv " On special was a Raspberry Stout, their 1st Annual Nano Beer Fest. And ` as well after I do, perhaps I'll fill you all in on , ' which my lovely wife enjoyed `' , r as a Vanilla Porter, while I started my the great fresh beers from around the 1 ` ' evening with a Doppelbock and then area. I� by Joshua Gerdes moved onto a Porter. s The Doppelbock was not as sweet , f�, . I veryone loves a brewpub. as Doppelbocks can get, and those of I ` " N , C ` ` I E Brewpubs are fantastic places to you who shy away from the sugary i i I II ' i try out local beer S I er and even get decent beers should give it a try. And though ;, � ' — = , ' I ` :' , chow. You might be surprised to learn I'm not a huge fan of fruit stouts, the Iii i �, o . i � 1 i • ' that in Ancient Egypt it was thought Raspberry Stout was a good balance I l 1 � ►I t that in order to have a secure afterlife, between the dark robust flavor of i i one needed to have a good brewpub. a stout and the fresh tartness of why? I'm pretty f And P _ -- ? re sure I already raspberries. I'� at " I, 1 i Don pass up these ,, � Drowning Poseidon affordable destinations J I I Plays. .° $14, Kid $7 ii Tr ees of Mystery Adult , irin Redwoods perspe of `'!I Kin's Bar arid Grill � Walk among awe -insp g Northern Califorthe nia for a new ctive of nature. Take the Sky Trail for a different v a n d v isit the ' n 1 gift afternoon at the En d of the Trail i i Ma ift shop. Spend the one of t he b est p rivately N Amencan mus - 9 A l night owned ative collections in the world (ad is free). 800 -638 -3389 • treesofm ystery.net CA 9554$ �A 15500 Highway 101 North, Klamath, 1k 1' . 80 W. 3 r St. Crescent City Laftt Outdoor recreational activities abound in this area e, OR near the Pacific Ocean, the Smith River and Klamath i (503),164-8 1 River, Redwood National and State Parks, and the Smith River National Recreation Area. Located on I Highway 101 on the beautiful Northern California B : Josh Gerdes, Jeff Bad , Chad Taylor coast about 20 miles south of the Oregon bor • ii Dro oseidon.com it was named one of America's prettiest towns by i • P Dravuningpose n mail For T raveler i n 2 009. D on ' t m i t this spring. • Agenda Item # S %/944, ceS / Y, Meeting Date February 9, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Highway 99W Project Briefing Prepared By: Mike McCarthy Dept Head Approval: f / / City Mgr Approval: f ISSUE BEFORE THE COUNCIL No action is required; the Council is being asked to receive an update on the Highway 99W /Hall Blvd /Greenburg Rd /Main Street Project. STAFF RECOMMENDATION Informational briefing only. No Council action required. KEY FACTS AND INFORMATION SUMMARY Topics will include: • Project Overview and History • Key Design Elements • Intergovernmental Agreements (on Consent Agenda) • Agency Coordination • Communication Plans and Responsibilities • Funding for the 99W /Hall portion of the project • Anticipated Construction Timeframe: o Bid in March o Start Construction in April OTHER ALTERNATIVES CONSIDERED Not applicable CITY COUNCIL GOALS Long -Term Goals - Continue pursuing opportunities to reduce traffic congestion ATTACHMENT LIST 1) 11x17 printout of project overview plan FISCAL NOTES Construction for this project is fully funded in the FY 2010- 11City Gas Tax Fund in the amount of $3,843,000. ■ .,, �, _ 51S51lhlli %,. I _ t � S, J ' `-� 1r` r.. . h . . ° °,�, •1 • • . a M _ . R s s - F ri p � •� ._f "- r ..� i' , .. r _ { • Y U •$ • 0 r \\•,:„.1,,,i,„. Y_ i. "" w `I ♦ t 4 3 r i , • , 0 p , may a < �, „ J f R ■ J . } A t ., - 9 4 a ,. :'r .3 M1 ,� = " �'- 1. .54 r 1 ♦ . S .. 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'+ I j p _ • LEGEND r , r 'ti • t F — - - -- E..ismQ Aim E f °I. ° • + 9r - - ,ma j, r r 4 00 �`'"-µ \- $� .. ..� Proposed ceasirer°r;ea € = \ . . s z .. 1M- r / r i '' / Eras/Tog AVM-Of-Way Una ', 3.: *i f .,� S . / 1 A/ .. '� 1 ME f Proposed FiAhi G iYOV line • 'y ,. R d ` r _� f Y Y .. - - . Prop-owl Tamp. Conetruciiart Eesvmrnl {' ° l ( % ( / V - ° to _--- -__ —._ _ Proposed Curd Fete >:. �._ • . • m lee ! . �. ' • - - ,. l: s'E •� � �. • .� ' ; • 111114 ' y { j l Proposed Back o! Woit .SCALE ya .• a ./ C • t ! , [ 1' • , �, • e 9 i a • �-, _ u e a° Proposed Grading Lingle ` , ° w i V* "' pu l 4 / if �C 0 O � I • •r . Proposed rzcrwrtmq wmt .s' - " •, 1 PACIFIC HWY WEST (OR99W) 90% PRELIMINARY DESIGN PLAN .�' (' RD / SW MAIN ST SW HALL BLVD INTERSECTION PROJECTS �� II 3� G { SW GREENBURG R gt 1PUtli1C CITY OF TIGARD, WASHINGTON COUNTY, ODOT 1 "" °R ""MOT""5`° "noN November 2, 2009 IMPRO PFOGM ` TIGARD Agenda Item # S -Ltd Se_c s a 4 if Meeting Date February 9 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Burnham Street LED Lights and Paving Alternates D Prepared By: Kim McMillan /Ted Kyle Dept Head Approval: City Mgr Approval: �/C ISSUE BEFORE THE COUNCIL The Council has requested the Project Manager and City Engineer provide Council with information regarding installation of LED street lights on Burnham Street. They have also requested to see alternate paving designs for the crosswalks and parking areas. STAFF RECOMMENDATION Staff recommends that Council consider the alternates and direct staff on which design they prefer. KEY FACTS AND INFORMATION SUMMARY • The project already has a lighting design. Staff has been working with the consultant and PGE to determine the feasibility of adapting the design to TED lighting. • The existing design for crosswalks and parking areas includes using stamped asphalt with a dura -therm striping process. A stamped, colored concrete process is being considered as an alternate. • Both of these issues have cost and schedule impacts to the project that will be discussed. OTHER ALTERNATIVES CONSIDERED Council could decide the original design is preferred over the alternatives and direct staff to proceed as originally planned. CITY COUNCIL GOALS N/A ATTACHMENT LIST Additional information on these issues will be included in the February 5, 2010 Council Packet. FISCAL NOTES The funding source for the additional cost of these options has not yet been identified. Sc ;C • Item # 2 " City of Tigard Newsletter Dated:2;6 TIGARD Memorandum • To: Honorable Mayor and City Councilors Craig Prosser, City Manager From: Kim McMillan, Engineering Manager Date: Februarys, 2010 Re: Burnham Street Pavement Upgrades The Burnham Street and Ash Avenue intersection includes a stamped asphalt design for the crosswalks and a center medallion. Stamped asphalt was also included for three mid -block crossings and for the parking areas along Burnham Street. The proposed process for the stamped asphalt is: • 1) Heat the asphalt with an infra -red heater, 2) Stamp a pattern into the heated asphalt (see attached photo of a project in Forest Grove that used stamped asphalt) and, • 3) Place a Duratherm thermoplastic into the depressed asphalt area (i.e. grout line). Council has asked staff to look at other options for the decorative paving portions of the project. Pavers have been used in Lake Oswego and Sherwood without success. Lake Oswego removed the pavers and Sherwood continues to have maintenance problems with them. A stamped concrete option would prove more successful and provide several color and pattern options. The first option for Council consideration is using stamped concrete for the crosswalks and medallion at the Burnham Street /Ash Avenue intersection and the three mid -block crossings. The stamped asphalt could still be used in the parking areas where there is less traffic. The estimated cost increase for this option is $125,000. • The second option for Council consideration is using stamped concrete for the crosswalks and medallion at the Burnham Street /Ash Avenue intersection, the three mid -block crossings and also in the parking areas. The estimated cost increase for this option is $150,000. The use of stamped concrete will also impact the construction schedule. The concrete work cannot be driven on immediately. Therefore, we will have to close half of Burnham at these • locations, making it one -way from Hall to Main. This will help us to avoid having to provide flagging 24 -hours a day. It is expected that there will be a six to eight -week impact to the paving schedule. The contractor has not yet determined if this delay will impact the overall schedule. • H IN '^ f \ ry f ^ : r. I ti t•'4 1 , . _ , • _, _ . ., .. •; 1 '---. , - . .-- • ' „*„ t ' , ,;'",,,;(/- asill Ito :: fJr �� 41/4 � ` : sue; i` * - gi . --- — t l , -...- , „.:',1 , .4 } �i r .: Kira } i�f' �L11A • 1- V Al 0--` . T .._ " , ,. .,,,,...,,, ,, 3 .< SeSS Item it Newsletter Dated: 2'$ 4 MEMORANDUM TO: The Honorable Mayor and City Councilors FROM: Theodore S. Kyle, P.E., Interim City Engineer RE: LED Street Lights for the New Burnham Street Project DATE: February 5, 2010 At the request of City Council, Public Works staff has completed a preliminary review of substituting LED street lighting technology for the high pressure sodium technology currently planned for the Burnham Street project. LED streetlights are an emerging technology that has great promise in saving energy. LED uses less power than conventional lights and are being installed in outdoor lighting fixtures. This memo contrasts the differences between conventional high pressure sodium fixtures and LED fixtures for use on the New Burnham Street project. The memo covers availability, lighting levels, costs, and energy savings, maintenance concerns, and potential risks of using LED technology. Availability LED fixtures are available that have a similar look to the ornamental fixtures to be installed on the Burnham Street Project between Main Street and Hall Boulevard. Some fixture have the LED array in the base of the fixture and aim it on a reflector, other fixture have the array in the top, and still others use an array configuration similar to a bulb. Lighting Conventional high pressure sodium lamps produce a yellow colored light, while LED produce a whiter light and tends toward blue tones. Two scenarios have been looked at for utilizing LED luminaries on Burnham Street: Scenario 1 — Replace luminaries in kind with new LED technology luminaries. Preliminary lighting analysis shows this will result in light levels slightly lower than published standards with generally poor uniformity. This scenario would require 43 lights along Burnham Street. This is the same as is required with the current design. Scenario 2 — Replace luminaries in a manner that will meet or exceed current standards and the current lighting design for Burnham Street. This requires redesign of the current approved lighting along Burnham Street. Preliminary lighting analysis shows two luminarie manufacturers currently have a product on the market that will light Burnham Street to current standards and lighting design. This will require the addition of four to nine lights to the current design resulting in 47 to 52 lights along Burnham Street. Twenty to twenty -nine of the original lights locations would be able to be maintained from the original design. Energy Each LED fixture consumes approximately 90 to 100 Watts. The high pressure sodium fixture currently proposed for the Burnham Street project consumes approximately 150 Watts (not taking into account additional energy consumption by the ballast). Burnham Street has 43 fixtures in the current design between Main Street and Hall Boulevard, including light poles at the intersection of Ash Street. If they were all equipped with LED lights, the power consumption would be approximately 35 to 40 percent . of the amount of power used by HPS. However, between four and nine additional fixtures will be needed to provide the same amount of light levels. This reduces the energy savings to approximately 20 to 35 percent over the currently proposed HPS system. Maintenance Currently PGE maintains most of the street lights in Tigard. They currently do not have an LED fixture on their pre- approved hardware list, but they have expressed an interest in working with the City in trying the LED technology in ornamental fixtures on a "pilot" basis. They would accept these one of a kind LED fixtures into their system and maintain them as if they were conventional lights. They would monitor the energy consumption and the maintenance efforts. • Controls LEDs are an instant on /instant off light source. They can easily be monitored and controlled with remote monitoring systems. LED fixtures equipped with a control system can report on system performance and allow preprogrammed lighting levels to be set. The "health" of the fixture can also be monitored remotely so maintenance people can be alerted when the system is failing. This reduces the need for drive -by inspections at night, and allows maintenance to respond just to those • locations that require attention. This, in a many cases, has resulted in agencies and utilities being able to respond quicker, reduce the number of burn -outs system wide, and lower maintenance effort over the long term. Control systems and their application with the LED luminaries can benefit both PGE and the City. Risk of lower lighting levels • The Illuminating Engineering Society of North America (IESNA) in conjunction with the American National Standards Institute (ANSI) sets nationally recognized standards for the amount of light that should be provided on each class of street to meet safety needs. The use of this standard is not mandated by regulation or law; however, accident victims have recovered financial claims from cities where light levels were below the standard. LED's produce a whiter light than the current HPS systems used predominately throughout the City. A common assumption is that • with the whiter light, the human eye can see more with less light. This concept is currently being studied to determine how the current light standard applies to white LED light sources. In lieu of a newer standard, a common practice by many agencies is to meet the current published standards. Light standard could change, but until it does, the City may be culpable to an accident victim. Other risks • LED outdoor lighting technology is changing rapidly. New fixtures and lights are being released to the market every week. The LED technology used in luminaries today may be redesigned and become obsolete within months. This does not mean that the fixtures will not function, however replacement parts may become scarce. Reviewing and selecting luminaries from reputable companies with strong outdoor lighting backgrounds and research programs can help reduce these risks. Cost difference LED fixtures cost about twice as much to purchase than HPS fixtures. On Burnham Street, this would add approximately $37,000 to the project cost assuming that lower lighting levels are acceptable and the same number of light poles is used. The cost would be between $49,000 to $66,000 more if additional lights are added to meet the same light levels as achieved in the current HPS design. The cost estimates in this memo are rough estimates based on list pricing from the • fixture suppliers. The final cost would need to be negotiated with the contractor for the Burnham Street Project and implemented in a change order Life cycle differences LED lights are expected to last about twice as long (12 to 15 years) as conventional HSP bulbs. The lifecycle cost is difficult to estimate because neither PGE nor City staff have a history of using LED lights. A quick calculation of energy savings, assuming a cost of energy at 0.06 per kilowatt - hour, would total $500 per year for Burnham Street. Although this savings seem small, it may be worth the cost because energy savings continue to accrue for many years to come. This figure does not include any savings for maintenance. Installation Both the LED fixtures and HPS fixtures can be installed on the same light poles, use the same wiring, and utilize the same line voltage. The effort to install the LED fixtures is comparable to the HPS fixtures. Installing additional poles and fixtures will add between $12,000 and $29,000 if the same lighting levels are deemed necessary. Questions for the Council Is the Council interested in pursuing LED lighting on the Burnham street project, given the potential costs and risks? Should additional lights be installed so light levels would be the same as if the conventional system were installed? Recommendation: Staff recommends that we proceed with the following actions: • If LED lights are selected, redesign the lighting system to increase the number of fixtures to meet current lighting standards. • Develop a pilot program agreement with PGE for LED lighting maintenance. • Negotiate a cost for providing LED street lights instead of the HPS lights with the Burnham Street contractor. • Bring the change order and PGE agreement for Council's consideration when the details have been worked out. (2 ( j SC1SSi (N1 a Oho Candidate Election Dates — City of Tigard Cli 1 C L,11---() d November 2, 2010 Election 0 -1 - a- Candidate Filings: • Not sooner than June 2. (15 days after Primary Election) Not later than August 2, 5 p.m. (Mayor) Not later than August 23, 4 p.m. (Council Candidates) Filing Requirements: Registered voter. Tigard resident for at least 1 year. File a Nomination Petition Form signed by 20 City of Tigard registered voters Pay $50 filing fee. I: \ADM \CA1 hIY \ ELECTION \2010 \Candidate Election Dates.docx • Candidate Filing Information Page 1 of 1 t G ON Search the Site J More Search Options ° REGO N County Home Assessment & Taxation Flections Forms Candidate Filing Information • Candidate Filing Information MAY 18, 2010 Primary County Offices up for Election: Justice of the Peace (term 6 years) Qualifications - Resident of the State 3 years and residence or office in district one year prior to appointment or becoming a candidate. County Commissioner - at - Large (term 4 years) Qualifications - Resident of the District and a qualified elector for 2 years ' County Commissioner District 2 (term 4 years) Qualifications - Resident of the District and a qualified elector for 2 years County Commissioner District 4 (term 4years) Qualifications - Resident of the District and a qualified elector for 2 years County Auditor (term 4years) Qualifications - Resident of the County for 6 months and be a qualified elector and hold at least one of the following: Certified Public Accountant (CPA) Certified Internal Auditor (CIA) Certified Government Auditing Professional (CGAP) Where to file: Washington County Elections Division 3700 SW Murray Blvd. Suite 101 Beaverton OR 97005 When to file: First day to file Sept. 10, 2009 Last day to file March 9, 2010 at 5 p.m. Last day to file for Voters Pamphlet March 11, 2010 at 5 p.m. Go to: Candidates Voter's Pamphlet Filing Camnalan Finance Information Ways to File for Candidacy httn:/ /www.co.washinaton. onus /AssessmentTaxation /Elections /Forms /candidate - filing pack... 2/9/2010 County Candidate and Measure Filings Page 1 of 2 c Zia ,9t., • Search the Site More Search Options O REGON County Home A sessment &Taxation Elections Current Election County Candidate and Measure Filings County Candidate and Measure Filings March 9,2010 -- Special Election Measure Filings: Cornelius 34 -174 l Cornelius Motor Vehicle Fuel Tax Referred by Petition May 18, 2010 -- Primary Election Candidate Filings (as of 02/08/10): Justice of the Peace: James R Shartel • County Commissioner - at - Large: Doak Schulte Andy Puvck (by prospective) pick Schouten )" County Commissioner District 2: Mike Niehuser )- Andy Miller ) County Commissioner District 4: Richard Kidd Ill )71 Bob Terri I /- Greg Mecklem ) County Auditor: John Hurler) -: Measure Filings: Washington County Fire District #2 34- 175 ) -i Renew Five Year Local Option Levy For Fire /Emergency Services Candidate Filing Packet: Candidate Filing Information Candidates Voter's Pamphlet Filing Camoa'gn Finance Information Ways to File for Candidacy Related Topics Election Close Topic: Election • httn• / /www- cn. wa shin gton.or.us /AssessmentTaxation/ Elections /CurrentElection/county -can... 2/9/2010 ,54 it . A (AO' f4t ••••••,...,...,., Core 4 Urban and Rural Reserve Proposal v .,,, .,„,..., 02/08/10 - DRAFT ._/2 Z.S.4: (F\ '/Ci C.1 ,...,.> ■ , f - - . A 1 i. F as P 2. • ., e . . „., e . . ,,,, OIIVO■ * . ... . St ..... • . „ ... as * I'' CI - • . . - ' . , . . . ... 1 a • - , _ - , • .I .. Tana.hou.re • 1-1.2.wscal T PoPILInd Stek• no, , .1.11eti t 1,13. '.., ..■ . . . . ,.. . Grs.6.1.■ . , • 1.1,1,11 VI., 1 , , , ■ .. , . . giii ' . ..-......... . . ...awn. tall, , • , . , TS Ass ... I C .coales ^, 7apvySallary ,t.4., , . , ,, i 4 y , „ VIkent, ID Own. .• \•.' . . (Haan., - _ F. . . ... 2 dig 2...... • .1. , g I . 75 prIrs „,... sands e 1..F - .. . . , . ... fr r W - I r7Pi'''' .a. ... Ai ° .. .,41 -' ..16 • t t 41651W ur117X., , . _ ,... '••• - rs.rew - . I ° .., n rdee , ... , .. -, ■ , ... , La • . , , la .1 rr 1 . r I, rs .1 t • -...” `• s•••' • 5 . ° • . 2 . I ' Proposed rural reserve areaS ' si. ,., C . ounty boundaries Hootmo Ira Proposed urban reserve areas Urban centers ... - Areas with options Columbia Roder Gorge Scenic Area - ' .7, Undesignated areas Urban growth boundaries Reserves study area . . o I 2 . .. ',Iola! a R _ Rd , .Sw Brockman St r......._ tort W ashir ....., 101111,111 rt 01 • L. , 4.-J i Sq u S ` ' 1%Ve eV NI �, _ - kill i ! " . 7 . ..«.- t _ uir . II) • w Z` a t ../,____,, 6B urban MU rraVI ,2j NI i 8 "1 1 -- - c) Sc hail s .. ,. ur., ; f. ,. S „ S _ i >1), , ''' i W a !n . "r • _ g " .iii• ,.... _F.. ..- ,,,,_,.._;.„ y _ . • i .• • • , . t,....._ ,,$ t• i N __. ik,... i .... I `S ' o1�s �' Ferry Rd ` • . A -.1■,6 "... 0 . I. . 99 V) 6Can 1 L FM • S - ' M . , _,, v ��,., Bur/ Mountai �• t if I t" 4 \ (0 3 :-.z ,4..a de .... i ,c, . ?.- 1 ,,/,:, ;,, uoid,c, , . _, . ,_ •„, 1 ,i-r) ____ 1 ) , , Le) . % 4/ d .s R d _ . 40 ... , . A ,, B ,,,,,. ef - ' i Of ..� Q GD urban • • s i S1/�,/Scf�olls Sherwood Rd - ..�. i �• *. . "1".11 1/, Al ' i : . S W Tualatin R #* - AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: February 9, 2010 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: P K" � ) (KJ Also, please spell your name as it sounds, if it will i help the presiding officer pronounce: 1 ► l Address P.0 0 -4 ID 3 City 1),- WaCQ State a, Zip c 7 I f Phone No. S 330 t '( l . Name: _ ►_. Also, please spell your name as it sounds, if i will help the presiding officer pronounce: FD SAcei Address ,O 5ePX. .5755 o �. • ,2 City .Y4 c State 0 Vaal Oh Zip (7 Phone No. 5 75 Z g7 — 2q 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 q //D Tigard City Council Citizen Update — Tigard Chamber • The Tigard Chambers' Membership Drive is going very well, new members are joining, attendance is increasing at weekly networking events as well as Chamber After Hours Open Houses. We had 130+ attendees at last weeks Good Morning Tigard. o Interested businesses are invited to check out either a Good Morning Tigard, each Thursday morning at 7 :30 a.m., come to the Chamber anytime M -F, or come to our final Membership Drive Open House on Tuesday, the 23 of February from 4 -6 p.m. At any of these venues they can get a feel for the chamber, meet chamber staff or members and explore the benefits of chamber membership. Members who join during the membership drive will have their $35 application fee waived and receive 13 months of membership for the price D/4-- of 12. Check out the events tab fithe Chamber Directory for more event schedules. o I'd like to give a special invitation to you Mr. Mayor and the rest of City Council to come to our Open House • Tigard Chamber Bowl -O -Rama is at the Tigard Bowl, Saturday, March 6 from 10 a.m. to 1:00 p.m. Team, lane and title sponsorships are available as well as just bowling. Bowl 3 games, get food, shoes, fun and prizes for just $29 per person. Team sponsorships which includes bowling for 5 people and Lane signage are available for only $199. It would be great to see a team from the City and maybe the Police or Fire Department. For more info, contact the Chamber at 503 - 639 -1656 or e-mail us at info @tigardchamber.org • Shining Stars Community Awards Banquet has had a date change to Friday, April 16 from 6 -9 p.m. Nominations for volunteers and businesses of the year are being accepted until March 15 Silent Auction items are being solicited and table sponsorships start at $250. Dinner Tickets are $45 until March 1st and increase to $55/ person after March 1 Check the Chamber web for more info at www.tigardchamber.org. Nominations for high school scholarships are now closed, we received 6 applications. C Commutta itink.cetn Ail ate cx ned It You may think you are networked, but is your facebooking and tweeting really helping your business grow? Our social network is built for success. V V , °tow- ,a ,, .... $ eCO ,. ,,.... ‘,„.., n. #sett orked at our Membership Drive Open House. et the CEO, Board Members and Chamber members. Feb 23, 2010 4 -6 p.m. @ 12345 SW Main Street, Tigard, OR 97223 Y m � -►D- -► a Igl /D Tigard High Leadership 9000 SW Durham Rd. • Tigard • Oregon • 97224 (503) 431 -5518 Tigard City Council Meeting: February 9, 2010 Student Envoy: Taylor Friesen I. Academics a. The first day of the second semester was yesterday. b. There will be no school next Monday, February 15 II. Athletics a. Girls Basketball will be away playing Newberg this Thursday, February 11 Freshmen and JV play at 5:45 PM, and Varsity plays at 7:15 PM. b. Boys Basketball games against Newberg at home start Friday evening at 5:45 PM for Freshmen and JV, and 7:15 PM for Varsity. III. Arts a. Tigard High Theatre Arts Department presents the musical Hello Dolly Feb. 18 and 19 at 7:00 PM and Feb. 20 at 2:00 and 7:00 PM. Tickets are $10.00 for adults, $8.00 for students and seniors. Tickets may be purchased from the Tigard High bookkeeper during the school day or, if not sold out, at 6:00 PM for evening performances and 1:00 PM for the matinee. The auditorium will open a half hour before curtain time. IV. Activities a. The National Honors Society Blood Drive is next Wednesday from 8:00 AM to 3:00 PM. J BEFORE TIGARD'S CITY COUNCIL FEBRUARY 9, 2010 When the free people of Oregon, in whom all power is inherent, can be subjected to arrest and their property seized with no stated authority other than the barrel of a gun wielded by illiterates posing as "law enforcement officers ", and no one has the courage to resist, the free people must stop kidding themselves about being free and /or exercise the right they have at all times (see Oregon Constitution at Article I, Section 1). We, the people, delegate authority by voting for elected officials. Tigard's duly elected Officer of the City Council are formally asked: Will you rise to your delegated task of controlling our armed public servants, compelling their performance in accordance with their oath of office and the laws of Oregon? Your answer in the affirmative will be an appointment scheduled with at least one elected official, Tigard's City Attorney, Tigard's Chief of Police and such members of the general public as may wish to address the issue of police accountability. The date for the appointment shall be no sooner than two weeks, but no later than four weeks from the date of this demand. The appointment shall be a publicized event and announced by publishing in the local newspaper, on the City website and by mention during any cable cast of Council proceedings prior to the date of the appointment. A video recording shall be made of the event. The purpose of the event shall be to record comments specific to arbitrary exercise of the police power, but more importantly, to secure commitment on the part of elected Tigard Officials to exercise their delegated authority to protect the people from unlawful search and seizure. If City Council chooses not to respond to the question and this demand for opportunity to petition for redress, their answer shall be understood to be: We, the City Council of Tigard, declare that the right of the people to be free from unreasonable searches and seizure has been ABOLISHED within the City's limits. (see ORS 181.400; 801.305; 153.039; 174.100(5); 183.310(8)) A member of the general public under ORS 801.305 Richard L. Koenig Committee for Appropriate Enforcement of Motor Vehicle Laws 503 287 -1240 Agenda Item No. 3.2.a III For Agenda of February 9, 2010 11111 MEMORANDUM T I GARD TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three -Month Council Meeting Calendar DA'Z'E: February 2, 2010 Regularly scheduled Council meetings are marked with an asterisk ( *). February 6 Saturday Council Coffee — 9:00 am, Tigard Public Library Lobby 9* Tuesday Council Business Meeting — 6:30 pm, Town Hall 15 Monday Presidents Day Holiday — City Hall Closed 16* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 23* Tuesday Council Business Meeting — 6:30 pm, Town Hall March 9* Tuesday Council Business Meeting CANCELLED 16* Tuesday Council Workshop Meeting RESCHEDULED to March 30, 2010 23* Tuesday Council Business Meeting — 6:30 pm, Town Hall 30* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall April 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 I: \ADM \City Council \Council Calendar \3 -month calendar for 100209 cc mtg.doc Agenda Item No. - c . b Tigard City Council Tentative Agenda 2010 Meeting of 2 / 9 /07C/ v Meeting Date: February 9, 2010 Meeting Date: February 16, 2010 Meeting Date: February 23, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Work/CCDA/6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due December 29, 2009 Request to Sched. Due January 5, 2010 Request to Sched. Due January 12, 2010 Materials Due @ 5: January 26, 2010 Materials Due © 5: February 2, 2010 Materials Due @ 5: February 9, 2010 Study Session - Time Sched. 35 min. 10 Avail. Workshop Study Session - Time Sched. 0 min. - 45 Avail. Discussion of New Street Lighting Technologies - Joint Meeting with CCDA/CCAC to review Burnham Street Imp. Project & Pavement CCAC Annual Report to CCDA - Sean _ Treatments - Kim - 20 min. 60 min. Highway 99W Project Briefing - Ted /Mike -15 min._ Review Options - Amend TMC - Advertising Signs in Public ROW- Susan /Ron - 30 min. Consent Agenda Periodic Review Update - Darren - 15 min. LCRB - Approve 2 IGA's for Hwy 99W /Hall /Greenburg /M1 Discuss Tree Code Update Project Scope, Consent Agenda Proj. with ODOT and Washington County - Dennis Schedule and Process - John - 45 min. Approve Formation of Ad Hoc Greenway Trail Master Plan Project CAC - Duane - RES LCRB -Award Street Sweeping Svcs. Contract - Dennis Business Meeting PH- Legislative - Consider a Development Code Amendment to allow an Electronic Message Center Business Meeting at a School that fronts an Arterial Street - Hap W THS Student Envoy 20 min. - ORD Chamber of Commerce Rep. Legis. PH - Consider PC Recommendation Burnham &CIP Project Reports - Ted /Kim -PPT - 15 min for Amending Devel. Code Allowing Seasonal Regional Trans. Planning Update - Judith /Ron 15 min. Outdoor Markets - Gary P. & Ron B. - 25 - ORD Consider Authorization of a Parks, Open Space and Trails Bond Election - Dennis - 15 min - RES Consider Renewal of Annexation Incentives until February 2011 - Gary P. - RES - 15 min. Time Avail: 110 min. - Time Scheduled: 55 min. Time Avail: 180 min. - Time Scheduled: 150 min Time Avail: 110 min. - Time Scheduled: 45 min. Time Left: 55 min. Time Left: 30 min. Time Left: 65 min. Page 1 of 7 Color Key: Admin -Green CD - Red HR - Magenta Finance /IT - Orange Library - Aqua Police - Blue Risk - Purple PW - Brown CG = Council Goal 2/1/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: March 9, 2010 Meeting Date: March 16, 2010 Meeting Date: March 23, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due January 26, 2010 Request to Sched. Due February 2, 2010 Request to Sched. Due February 9, 2010 Materials Due @ 5: February 23, 2010 Materials Due @ 5: March 2, 2010 Materials Due © 5: March 9, 2010 Councilor Wilson absent Business Workshop Study Session - Time Sched. 35 min. - 10 Avail. -_xec. Session - Labor Negotiations - Sandy -25 min. Discuss Revisions to Citywide Personnel Policies - Sandy - 10 min,. Consent Agenda Items previously scheduled for this meeting Workshop moved to March 30, 2010 due to Approve IGA w /ODOT for Greenway Trail Master were moved to March 23, 2010. lack of a quorum. Some Council members Plan Project - Duane are attending NLC Conference. Approve Members of Greenway Trail Master Plan Project CAC - Duane -RES Annual Solid Waste Financial Report - Dennis -SI LCRB -Award Contract for Repair of the Fanno Creek House - Dennis LCRB -Award Contract for Consultant for MEETING CANCELLED MEETING RESCHEDULED Water Rate Methodology Study - Dennis Adopt Tree Board Bylaws - Todd - RES Business Meeting THS Student Envoy Chamber of Commerce Rep. Arbor Day Proclamation - Marissa Bumham &CIP Project Reports - Ted /Kim -PPT - 15 min. Consider and Adopt TMC Amendments to Specify the Removal and Disposal of Signs and Other Items Illegally Placed in the ROW and Establish Fees for Removal of Such Items Susan H. and Christine D - 30 min Review 2010 Special Legislative Session and its Impact on Local Revenue Sources - Kent and Liz - 10 min. Time Avail: 110 min. - Time Scheduled: 55 min. Time Left: 55 min. Page 2 of 7 2/1/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: March 30, 2010 Meeting Date: April 12, 2010 Meeting Date: April 13, 2010 Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Budget Com./TBA Meeting Type/Time: Business /6:30 p.m. Location: City Hall Location: TBA Location: City Hall Request to Sched. Due February 16, 2010 Request to Sched. Due Request to Sched. Due March 2, 2010 Materials Due @ 5: March 16, 2010 Materials Due @ 5: Materials Due @ 5: March 30, 2010 Workshop Study Session - Time Sched. 0 min. - 45 Avail. Budget Committee Joint Meeting - Update on City's YTD Financial Picture -Toby - 30 min. CCDA Budget Committee - Update on Agency's YTD Financial Picture - - Toby - 10 min. Tigard Transportation System Plan Update - Consultant Final Briefing - Darren - 70 min. Budget Committee Meeting Consent Agenda Consider Implementing a Traffic -photo en- ,dopt Revisions to Citywiae Personnel - oiicies - forcement program- Chief Orr - 30 min. Sandy Water Rate Methodology Study Project Overview - Dennis - 30 min. - PPT Business Meeting THS Student Envoy Chamber of Commerce Rep. Arbor Day Update and Tree Stewardship Awards - Marissa/Todd - 35 min. Burnham &CIP Project Reports - TedfKim -PPT -15 min. Informational PH - Finalize SS Reimbursement Dist. No. 45 ( Hoodview) - PPT - RES - Dennis - 15 min. Informational PH - Finalize SS Reimbursement Dist. No. 46 ( Baylor, 72nd) - PPT - RES - Dennis - 15 min. PH -Adopt Development Code Amendment to Extend Approval Period for Specified Land Use Decisions in Recognition of the Economy's Impact on Develop- ment Activities - Cheryl C. - 30 min. - ORD Time Avail: 180 min. - Time Scheduled: 170 Time Avail: 110 min. - Time Scheduled: 110 min. Time Left: 10 min. Time Left: 0 min. Page 3 of 7 2/1/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: April 19, 2010 Meeting Date: April 20, 2010 Meeting Date: April 26, 2010 Meeting Type/Time: Budget Com./TBA Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Budget Com.ITBA Location: TBA Location: City Hall Location: TBA Request to Sched. Due Request to Sched. Due March 9, 2010 Request to Sched. Due Materials Due © 5: Materials Due @ 5: April 6, 2010 Materials Due @ 5: Workshop Briefing on Regional Transportation Plan Judith- 15 min. Water Rate Consultant Presentation on Water Rate Study Findings - Dennis - 60 min. PPT Water Rate Consultant Presentation on Budget Committee Meeting System Development Charge (SDC) Findings - Budget Committee Meeting Dennis - 30 min - PPT Time Avail: 180 min. - Time Scheduled: 105 min. Time Left: 75 min. Page 4 of 7 2/1/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: April 27, 2010 Meeting Date: May 11, 2010 Meeting Date: May 18, 2010 Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due March 16, 2010 Request to Sched. Due March 30, 2010 Request to Sched. Due April 6, 2010 Materials Due @ 5: April 13, 2010 Materials Due @ 5: April 27, 2010 Materials Due @ 5: May 4, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Workshop Meeting with Judge - Nadine - SI - 30 min. Joint Meeting with Library Board - Margaret - 30 min Disscuss Repeal of Title 18 Minimum Density Requirements - John - 30 min. Water Rate Consultant Presentation on Consent Agenda Consent Agenda Final Recommendations on System Dev. Charge (SDC) Update - Dennis 30 min.- PPT Water Rate Consultant Presentation on Final Recommendations on Water Rate Study - Dennis - 60 min.. - PPT Business Meeting Business Meeting Council Goal Update - Liz N. - SI - 15 min. THS Student Envoy Chamber of Commerce Rep. Citywide Sewer Extension Program Review - Ted - 20 min. Burnham &CIP Project Reports - Ted /Kim - PPT - 15 min. QJPH - Consider Comprehensive Plan Amendment and Sensitive Lands Review to extend Wall St. across Fanno Creek to Fields property - Cheryl 60 min. - ORD Time Avail: 110 min. - Time Scheduled: 15 min. Time Avail: 110 min. - Time Scheduled: 95 min. Time Avail: 180 min. - Time Scheduled: 180 Time Left: 95 min. Time Left: 15 min. Time Left: 0 min. Page 5 of 7 2/1/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: May 25, 2010 Meeting Date: June 8, 2010 Meeting Date: June 15, 2010 Meeting Type/Time: Business /CCDA/6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due April 13, 2010 Request to Sched. Due April 27, 2010 Request to Sched. Due May 4, 2010 Materials Due @ 5: May 11, 2010 Materials Due @ 5: May 25, 2010 Materials Due @ 5: June 1, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Workshop Consent Agenda Consent Agenda Business Meeting Business Meeting Chamber of Commerce Rep. Burnham &CIP Project Reports - Ted /Kim - Gertity amity provwues Svcs. tor Shared Revs.- Rt5 -Toby 5 min. PPT - 15 min. Declare Election to Receive State Revenues - Toby PH RES Public Hearing - Adoption of Final Recommended Approve 2010 - 2015 CIP - PH - Toby - 10 min. Water Rate Study Report - Dennis - 60 min. - RES Adopt Citywide Master Fees & Charges - Toby - RES -10 mir Adopt FY 2010 -11 Budget - PH - RES- Toby- 25 min CCDA Budget Adoption - PH - Toby- 5 min. Time Avail: 110 min. - Time Scheduled: 55 min. Time Avail: 110 min. - Time Scheduled: 75 min. Time Avail: 180 min. - Time Scheduled: 0 Time Left: 55 min. Time Left: 35 min. Time Left: 180 min. Page 6 of 7 2/1/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: June 22, 2010 Meeting Date: July 13, 2010 Meeting Date: July 20, 2010 Meeting Type/Time: Business /CCDA/6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Workshop /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due May 11, 2010 Request to Sched. Due June 1, 2010 Request to Sched. Due June 8, 2010 Materials Due @ 5: June 8, 2010 Materials Due © 5: June 29, 2010 Materials Due © 5: July 6, 2010 Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Workshop Council Groundrules - Cathy - 20 min. oint Meeting with the Budget Committee SI - Toby - 30 min. Consent Agenda Consent Agenda Approve Senior Center Lease Renewal 2010 -2015 - Loreen - MO Business Meeting Business Meeting Approve Posting of 60 -day Public Hearing Notice Chamber of Commerce for Final Consideration by Council to Adopt 2010 Burnham &CIP Project Reports - Ted /Kim -PPT - Water Rate SDC - Dennis - 30 min. PPT - 15 min. Time Avail: 110 min. - Time Scheduled: 30 min. Time Avail: 110 min. - Time Scheduled: 15 min. Time Avail: 180 min. - Time Scheduled: 50 Time Left: 80 min. Time Left: 95 min. Time Left: 130 min. Page 7 of 7 2/1/2010 Agenda Item No. 3 p . c • ' =-t•� Meeting of f elar ,m0 City of Tigard • Park & Recreation Advisory Board Minutes MEETING DATE: November 16, 2009 7:00 — 8:30 p.rn. MEETING LOCATION: Public Works Building, 8777 SW Burnham, Tigard, OR 97223 The papaw of tbe. Pare and Recreation Adwirog Board is to advise and advocate for park and 1 ecr'eation opportunities for a growing .Tigard Joint meeting with the Tigard City Council to discuss the Tigard Parks Bond election results and future direction for the PRAB. Park and Recreation Advisory Board (PRAB) Chair Rogers called the meeting to order at 7 p.m. . Roll Call: Park and Recreation Advisory Board (DRAB) Members Present: Chair Rogers, Board Members Davies, Mears, and Swanson. Also present: Alternate Board Member Polivka. PRAB Board Members Absent: Bernhard, Freudenthal, Leinberger. City Council Present: Mayor Dirksen; Councilors Buehner, I-Ienderson (also City Council Liaison to the PRAB) and Webb. Absent: Council President Wilson. Staff Present: City Manager Prosser, Parks and Facilities Manager Martin, Parks Supervisor McKnight, City Recorder Wheatley. Park Bond Results — Next Steps: Prioritize action items Bob Betcone of the Trust for Public Lands reviewed an assessment of the outcome of the bond measure election that failed. e Voter turnout was low. • Survey results indicated the bond measure would pass by 63 percent; however the pollsters assumed that there would be at least a 40 -45 percent voter turnout. Actual voter turnout was 34.5 percent. The bond measure failed by 53.8 percent. o Another factor in the failed measure is that in many jurisdictions there is a demographic that consists of people who tend to vote against government- sponsored measures to increase taxes. Generally speaking, this demographic' is expected to comprise about 25 percent of the overall electorate. PARKS & RECREATION ADVISORY BOARD AGENDA — November 16, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard- or.gov 1 Page I Accompanied wide the low turnout numbers was the aspect that the "no voters" tend to be regular voters and are more influential when the turnout is lower. • Another factor in the disparity between the election results and survey results was that the polling was done in May and since that time there has been a consistent series of negative news reports regarding the economy and unemployment. • In other parts of the country, measures of a similar sort did pass (i.e., $400 million measure passed in the State of New Jersey). • Post - election analysis suggests that this type of experience can be viewed as a learning experience telling us what the voters might do next tine. • TPL helped with the successful Metro Open Spaces Campaign three years ago and the successful Tualatin Hills Parks and Recreation Campaign ($100 million). Both of those campaigns had an earlier failed measure. • Discussed opportunities coining up for a potential bond measure election in 2010. Discussion included the gubernatorial race in November and the likelihood of a number of money treasures on upcoming ballots. The May ballot might not have as many money measures. 2010 money measures will include a county vide library levy as well as a public safety measure. • TPL would like to run the Tigard bond measure campaign again and would also perform another poll. • TPL "...is enthusiastic... and willing to support any new effort..." • The decision of a "go" or "no go" to the ballot for May is needed right away. • Greater voter turnout would be expected in a May or November 2010 election. • Mr. Betcone suggested the wording of the ballot measure be evaluated relative to the polling results to convey an accurate - message about how the funds would be used. • Jurisdictions have choices with regard to the message; i.e., highlight particular projects such as the Fowler project or other real. estate projects. • Last results suggest more grass roots efforts are needed; i.e., get - out - the -vote type of activities, and door - knocking activities. • Reassessment of the dollar amount should be done. • Board Member Swanson suggested the lead -tune before the election was tight. She suggested that next time there be more public forums and more publicity. • 1\'Ir. Betcone agreed with Board Member Swanson that a more robust communication effort be made so voters can draw a closer association to the question on the ballot. • Mayor Dirksen said he would be interested in what the members of the PRAB think. • Board Member Davies said he feels strongly that we should try again. He referred to other jurisdictions sending this type of question out to the voters multiple tunes before realizing success. I-Ie questioned the messaging that went out on this most recent effort and referred to the short time period for communicating to the voters about the park bond treasure. He felt that the Fowler and similar projects should have been featured more protninendy in the information shared with the voters. The voters, he said, would have attached more to specific projects than to the message that went out such as a "good, warm feeling of clean water." • Chair Rogers agreed that .the voters should be able to attach their idea of what the money will be used for and create a vision how the money will be used. Having more lead -tune will help the next effort. He supported another attempt. • Board Member Mears suggested using the Master Plan as the basis for information sharing with the voters so the goal is worded clearly. PARKS & RECREATION ADVISORY BOARD AGENDA — November 16, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 1 www.tigard- or.gov 1 Page 2 • Board Member Swanson said the PRAB had been preparing for a 2010 bond measure and going to the voters in November 2009 took her by surprise as she had anticipated having a whole year to get the word out. She said she definitely agreed with the bond measure. • Councilor Webb commented the Council had also been thinking about the bond measure for a later date. • Chair Rogers also commented on the sooner -than- planned election effort. He, too, was expecting to go t� the voters in 2010 or 2011, but the polling results indicated that the tuning appeared to be supportive for passage in 2009. o Board Member Davies said that May 2010 election might be too soon. He noted that property tax statements carne out a week before Election Day and that could be a consideration for avoiding a November ballot measure. o Board Member Mears commented that another reason to support going out for a May election is that May is the time when people begin to think about surnrner. o Councilor Buehner commented on how she would plan a campaign. Communication efforts would include a video on cable access accompanied by a volunteer effort to get a door tag "on every door in the city about two weeks before the election." • Councilor Webb advised a November election often has a number of money issues and people.will select one or two to support. o Mayor Dirksen offered that we inight want to consider a campaign for May 2011. Councilor Buehner commented that this would an off -year election. • Mayor Dirksen reported for Council President Wilson, who could not attend tonight's meeting, his suggestion that a ballot measure might be more attractive if we could identify some properties and get options on them. Chair Rogers said this could be a "double -edged sword" limiting • opportunities. However, by identifying properties, voters can connect with the property. Mayor Dirksen agreed that the point is to have a vision that represents the vision of the residents of Tigard. Chair Rogers said the Fowler property is a fantastic piece of property and said he would like for everyone to be able to wall: through this property so that, hopefully, "they would agree with us." o Councilor Buchner noted. her only concern with the Fowler property is that she received some "push back" from residents as their perspective was that the taxpayers have already paid for this property when purchased by the School District. This is an issue that we need to be prepared to address. Chair Rogers agreed that care should be taken to put together the appropriate message. o Councilor I- Ienderson reported the objections he heard were based on The Times editorial. Mr. Betcone commented that this was not the worst type of editorial the issue could have received. The editorial seemed to endorse many of the favorable qualities for the bond measure, but then concluded "almost provocatively" that the timing was not right due to the economy. The measure was favorably endorsed by the Onponian. o Mr. Betcone commented that there was no organized "no" campaign. Some individuals expressed concern. Concerns 'expressed, in general, related to some of the more technical aspects (i.e., ballot measure wording or the degree to which the proposed ballot .meshed with the Master Plan). IIe did notrecall any concerns regarding the concept for more open spaces, playgrounds, and wildlife habitat in the City of Tigard. IIe advised the technical concerns could be addressed in public education forum • City Manager Prosser noted in the May 2010 ballot it is highly likely there will be a measure to create a Tigard Aquatics District. He asked Mr. Betcone if that would tend to work in favor or against a parks bond measure. Mr. Betcone responded that he did not know. Often tines, in other jurisdictions polling results indicate disfavor with facility construction. TPL often recorrunends that those types of efforts be taken up separately from measures to purchase land or open spaces. He PARKS & RECREATION' ADVISORY BOARD AGENDA — November 16, 2009 City of Tigard 1 13125 SW I - Iall Blvd., Tigard, OR 97223 1 503- 639 -4171 www.iigard- or.gov 1 Page .3 said he would be happy to do some research and report to the City Council and Park and Recreation Advisory Board. • Chair Rogers noted how crucial tithing is for this type of ballot measure. • Mayor Dirksen asked Ibir., Betcone his recommendation :for the next step. He commented that it appears there is consensus among the PRAB and City Council members to make another bond measure attempt. The questions are -- How do we do it? and -- When is the appropriate dine. Chair Rogers agreed with Mayor Dirksen that the DRAB would like to see the City continue to pursue a park bond measure accompanied by new planning and different approaches to the campaign. • Mayor Dirksen said the bond issuance dollar amount should be reconsidered. I Ie pointed out there were other money measures on the November 2009 ballot that passed in other jurisdictions. ® Board Member Mears said he would like to see the ballot measure back on the May 2010 ballot. A November election should be avoided because of the tuning of the mailing of property tax statements. • Board Alternate Polivka saidshe was concerned that May might be too soon. • Chair Rogers suggested the details of the process could be sorted out later now that it appears there is agreement to "push this thing along." • Mayor Dirkseii said he feels a sense of urgency. "This land is going to be lost if we do not tie it up, and soon." He added that this would be the only reason he would want to go ahead.with a bond measure with the economy the way that it is. If we Wait until things get better, it rnight be too late. • Councilor Webb commented that the deadline would be tight for a May election. The filing deadline is in March 2010. ® Board Member Davies summarized what needs to be accomplished; i.e., rewrite the polling questions and determine if the numbers need to be changed. He asked Mr. Betcone how long the polling process would take. Mr. Betcone said this could be put together quickly — within six weeks. He agreed. the poll needed to be redesigned. Mr. Betcone commented that at the front -end, we would want to put together a more concerted game plan with regard to a grass roots effort including an educational effort. These efforts should be integrated so they are more complimentary and we are "firing on all cylinders." • In response to a question from Chair Rogers, Mayor Dirksen said he would not want to go forward if the polling indicated the timing was not right. Councilor Buehner indicated she supported another attempt. Councilor Webb said she would not want to put thus matter on the November ballot, which is now scheduled to have the library levy and the public-safety levy. Councilor Henderson said he agreed with Board Member Swanson's earlier comment regarding the importance of lead - time; however, he said he also believed that people did not have good information and if this could be delivered effectively that this would be an important factor towards success. Councilor Henderson said May was acceptable and agreed there were competing issues in the November election. • Mayor Dirksen said the matter should be explored to determine if there is a fatal flaw. • Board Member Davies added that it would be important to determine what is going to happen with die-aquatic measure. Tuning of this will also be a factor. • Mayor Dirksen noted there would be a meeting on November 17, 2009, to discuss an alternative proposal to the formation of an aquatic district. City Manager Prosser explained the concerns regarding the formation of an aquatic district and that the four cities, the County, and the School District have been meeting. There is a chance the aquatic district formation might be withdrawn; however, the timeline is tight and the alternatives under consideration are complicated. There was discussion on the aquatic district proposal and die players involved. PARKS & RECREATION ADVISORY BOARD AGENDA — November 16, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 1 www.tigard- or.gov 1 Page 4 Mr. Betcone left the meeting. Chair Rogers asked the City Council members what they would like to see from the PRAB in 2010. o Mayor Dirksen said the inventory of available 'properties suitable for purchase was completed. It could probably use an update; however, he did not know if this would be a major task for the Board. 6 There was discussion about prioritization of the inventory. The list, as a whole, needs to be reviewed.and PRAB members were going to consider doing this as their next project. Mayor Dirksen said that if the City . goes back to the voters again, this would be very important. Regardless, this priority listing of inventory needs to be kept up to date. O Parks and Facilities Manager Martin commented properties will come up for purchase and the Board has determined where these should be placed on the priority list. He said recently he has been getting more .calls from people regarding pieces of property being offered for sale for parks. O Councilor Buchner-noted the Water Division has several reservoirs, some of which have small parcels that would be appropriate for pocket parks. She suggested the Board might want to consider • looking at these properties as those would be relatively inexpensive since the City is a 71% owner. Chair Rogers asked about the status of Burnham Street, Downtown Revitalization, and Parks. O City Manager Prosser reported good news about the bids for the Burnham Street project. The Engineer's estivate for the project was $8.4 trillion. The City was considering alternatives to phase the project because it did not have the fiill funding The bid award carne in at $4.1 million, so the City is able to proceed with the entire project. The road will'be kept .open for the entire 18 -month construction period. • No parks were acquired. City ManagerProsser reported the 'entire lot at the northeast corner was purchased (Zuber property). Mayor Dirksen noted there might be an opportunity to consolidate properties in the area. ® The dog park Will be closed during the Burnham Street construction. • .A piece of property near Main Street was purchased, cleaned up and seeded. This property is technically not a park, but is needed for the alignment of the urban creek. A design is still needed for this area. o The Fanno Park Master Plan calls for a downtown plaza and we would have used some of the bond money to move this forward. Nothing can be done until a source of'financing is identified. O Chair Rogers commented that it would be nice to establish some type of focal point (i.e., a ._fountain) to start bringing people to the area. o Time was spent discussing the activities planned this year in the downtown area: re- meander of Fanno Creek, small projects designed to draw people to the downtown such as replacing trails, 12- foot sidewalks, landscape areas, and green street work on the south end of Main Street. Chair Rogers opened up discussion on recreation topics: o• Board Member Davies said the PRAB members would want to revisit recreation options for the City of Tigard, although it is not the focus at this tine. • Mayor Dirksen said there was no opposition to a recreation program on City Council; the only questions are: 1) How would it be funded?, and 2) In the face of limited funding, what is our priority? PARKS & RECREATION ADVISORY BOARD AGENDA — November 16, 2009 City of Tigard 1 13125 SW Hall Blvd., I igard, OR 972 i 503 - 639 -4171 I www. tigaid - or.gov 1 Page 5 m Board IVletnber Swanson noted there are already pockets of recreation offered; however, it is not cohesive. Offerings include the Tigard 4 of July, Fainily Fest, and programming by the Library. Alternate Board Member Polivka acknowledged the current activities offered, but she envisions a more .extended recreation program. O Mayor Dirksen commented on other recreational opportunities offered in the City through long- standing private not -for -profit organizations; i.e., little league, soccer, etc. O In response to a question by Councilor Henderson, City Manager Prosser advised the City has hired an events coordinator (32 hours /week) who will work on activities such as the Family Fest and a concert series. O Chair Rogers corrunented about the purchase of parkland over the years and there is recreation prograrnining occurring. Often... "we don't market our successes to the public." O Board Member Swanson said a big problem with the recreation in Tigard is that it is sporadic. There is no centralized catalog. The recreation programming does not have to be run by the City exclusively., She suggested a program coordinated by the City and collaborating with other organizations: O Chair Rogers advised that before there was the decision to go ahead with the parks bond, the FRAB was working on an inventory of recreation programming in the City. Mayor Dirksen said this would be an excelled "interim success "; that is, with the community create a recreation catalog for a central clearing point find out information about all the activities offered in Tigard regardless of how it is funded. O Additional discussion took place on whether to include some questions about recreation funding in the upcoming poll, noting the funding for purchasing parks would come from the bond measure (not for funding operations). Typically fees do not cover the full cost of recreation programming, which would mean that we would need to reprogram some existing general fund money or go to the voters for a levy. Chair Rogers called for public continent: O John Frewing reported his concerns about the bond measure. He said he thinks that Tigard needs more open space and, in particular, natural areas. I -Ie said he was concerned that the last bond measure did not provide any substantive natural areas. The Master Plan specifically mentions that about.naturai areas are "somehow vague in the City of Tigard and there is no direction in the Comprehensive Plan as to what to acquire." Mr. Frewing commented that at a City Council meeting last week, Council President Wilson said we need to get on with trying to identify what we need as natural areas. Mr. Frewing said the polling done by the consultant apparently found a great deal of interest in natural areas. While natural areas were mentioned in the ballot title, there was inconsistency in the fact that.the Master Plan does not have any natural areas identified. He said clarifying this matter would go a long ways towards helping win a ballot measure. If the bond measure is to include natural areas, there must be some basis for including these areas. The idea of being specific in naming some typical areas is a good one. PARKS & RECREATION ADVISORY BOARD AGENDA — November 16, 2009 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 1 www.tigard- or.gov 1 Page 6 ® Executive Session: The Parks and Recreation Advisory Board went into Executive Session at 8:10 p.m. under the provisions of ORS 192.660 (1) (d), (e), (f) & (h) to discuss labor relations, real property transactions, current and pending litigation issues and to consider records that are exempt by law from public inspection. The Executive Session concluded at 8:34 p.m. and the meeting was adjourned. Catherine Wheatley, City Recorder Attest: Park and Recreation Advisory Board Chair, City of Tigard Date: • I: \ADM\CATI;IY \CCML009 \091 PRAB final.doc PARKS & RECREATION ADVISORY BOARD AGENDA — November 16, 2009 City of Tigard I 13125 SW I -Iall Blvd., Tigard, OR 97223 I 503- 639 -4171 1 www.tigard- or.gov ( Page 7 Agenda Item # M a Meeting Date February 9, 2010 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Authorize the Mayor to Sign Intergovernmental Agreements (IGAs) with the Oregon Department of Transportation (ODOT) regarding construction of improvements at the intersection of Hwy 99W/ Greenburg Road and Main Street. Prepared By: Mike McCarthy Dept Head Approval: City Mgr Approval: d'e ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Council authorize the Mayor to sign two IGAs with the Oregon Department of Transportation (ODOT) regarding construction of improvements to the intersection of Hwy 99W /Greenburg Road and Main Street? STAFF RECOMMENDATION Staff recommends the Council authorize the Mayor to sign the agreements. KEY FACTS AND INFORMATION SUMMARY • A City Gas Tax has been passed and funds have been budgeted to construct improvements on Hwy 99W at its intersection with Greenburg Road and Main Street. These improvements include auxiliary through lanes on Hwy 99W, additional turn lanes on Greenburg Rd and Main St, bike lanes on 99W, sidewalks, and street trees. • There are two agreements: o Agreement 26189 addresses the actual construction project o Agreement 26200 addresses acquisition of Right -of -Way for the project • This project will be completed in conjunction with a Washington County / ODOT project to improve the intersection of Hwy 99W with Hall Blvd, for which a separate IGA has been completed and signed by the City. • For economies of scale and construction coordination, Washington County will be acting as the City's agent to let the contract, inspect, and oversee construction of this project. A separate IGA with Washington County is forthcoming. • ODOT's standard for Hwy 99W does not include street trees; however City policy calls for street trees. By this agreement ODOT allows street trees, but requires the City to assume all maintenance costs associated with cleaning up their leaves, etc. This includes street sweeping and maintenance of the stormwater drainage system. Public Works has agreed to accept this responsibility. • The IGAs have been reviewed by the City Attorney. OTHER ALTERNATIVES CONSIDERED The City Council could choose not to enter into the IGAs. ODOT's likely reaction would be to not allow the project. Staff has negotiated several items of this agreement and has received some concessions from ODOT. ODOT does not appear likely to grant further concessions in these agreements. Further negotiations could delay the project. CITY COUNCIL GOALS None ATTACHMENT LIST 1. Agreement 26189 — Cooperative Improvement Agreement Pacific Highway West and SW Greenburg Road /SW Main Street Signal Improvements and Maintenance. 2. Agreement 26200 — IGA for Right -of -Way Services on Pacific Highway West and SW Greenburg Road /SW Main Street. FISCAL NOTES ODOTs project cost of $15,000 and construction costs for this project are fully funded in the amount of $5.3 million in the City Gas Tax Fund. The maintenance cost for street sweeping and storm drainage is budgeted in the Stormwater Fund, estimated to be $5,000 per year. Misc. Contracts & Agreements No.26200 INTERGOVERNMENTAL AGREEMENT FOR RIGHT OF WAY SERVICES Pacific Highway West and SW Greenburg Road /SW Main Street 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" and collectively referred to as the "Parties." RECITALS 1. By the authority granted in ORS 190.110, 283.110, 366.572 and 366.576, state agencies may enter into agreements with units of local government or other state agencies for the performance of any or all functions and activities that a Party to the agreement, its officers, or agents have the authority to perform. 2. By the authority granted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within the State. When said money or a letter of credit is deposited, State shall proceed with the Project. Money so deposited shall be disbursed for the purpose for which it was deposited. 3. That certain SW Greenburg Road, which becomes SW Main Street after crossing Pacific Highway West (99W) is a part of the City Street System under the jurisdiction and control of Agency and Agency may enter into an . agreement for the acquisition of real property. 4. Pacific Highway West (99W), is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 5. This Agreement shall define roles and responsibilities of the Parties regarding the real property to be used as part of right of way for road, street or construction of public improvement. The scope and funding may be further described in Cooperative Improvement Agreement number 26,189. Hereinafter, all acts necessary to accomplish services in this Agreement shall be referred to as "Project." NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the Parties hereto as follows: R/W Services IGA (Revised July 2009) - 1 - TERMS OF AGREEMENT 1. Under such authority, State and Agency agree to perform certain right of way activities shown in Special Provisions - Exhibit A, attached hereto and by this reference made a part hereof. If the State performs right of way services on behalf of the Agency, under no conditions shall Agency's obligations for said services exceed a maximum of $10,000, including all expenses, unless agreed upon by both Parties. 2. The work shall begin on the date all required signatures are obtained and shall be completed no later than ten (10) calendar years, on which date this Agreement automatically terminates unless extended by a fully executed amendment. 3. The process to be followed by the Parties in carrying out this Agreement is set out in Exhibit A. 4. It is further agreed both Parties will strictly follow the rules, policies and procedures of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35 and the "State Right of Way Manual ". STATE OBLIGATIONS 1. State shall perform the work described in Special Provisions - Exhibit A. 2. With the exception of work related to appraisals, State shall not enter into any subcontracts for any of the work scheduled under this Agreement without obtaining prior written approval from Agency. 3. If the State performs right of way services on behalf of the Agency, State shall perform the service under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings. 4. State's right of way contact person for this Project is Matthew Gossett, Region 1 Right of Way Project Manager, 123 NW Flanders Street, Portland, OR 97209, 503 -731- 8425, matthew .c.gossett©odot.state.or.us, or assigned designee upon individual's absence. AGENCY OBLIGATIONS 1. Agency shall perform the work described in Special Provisions - Exhibit A. 26200 - 2 - 2. Agency certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within Agency's current appropriation or limitation of current budget. Agency is willing and able to finance all, or its pro -rata share of all, costs and expenses incurred in the Project up to its maximum. 3. Agency may utilize its own staff or subcontract any of the work scheduled under this Agreement provided Agency receives prior written approval of any staff, consultant or contractor by the State's Region Right of Way office. 4. Agency represents that this Agreement is signed by personnel authorized to do so on behalf of Agency. 5. Agency's right of way contact person for this Project is the Tigard City Engineer, 13125 SW Hall Blvd, Tigard, OR 97223, or assigned designee upon individual's absence. PAYMENT FOR SERVICES AND EXPENDITURES: 1. In consideration for the services performed by State (as identified in the attached Exhibit A), Agency agrees to pay or reimburse State a maximum amount of $10,000. Said maximum amount shall include reimbursement for all expenses, including travel expenses. Travel expenses shall be reimbursed to State in accordance with the current Oregon Department of Administrative Services' rates. Any expenditure beyond federal participation will be from, or reimbursed from, Agency funds. Payment in Agency and /or federal funds in any combination shall not exceed said maximum, unless agreed upon by both Parties. 2. Agency agrees to reimburse salaries and payroll reserves of State employees working on Project, direct costs, costs of rental equipment used, and per -diem expenditures. GENERAL PROVISIONS: 1. This Agreement may be terminated by either Party upon thirty (30) days' notice, in writing and delivered by certified mail or in person, under any of the following conditions: a. If either Party fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If either Party 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 fails to correct such failures within ten (10) days or such longer period as may be authorized. 26200 - 3 - c. 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. 2. Any termination, of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 3. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 4. Agency shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235 and 279B.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 5. All employers, 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. Both Parties shall ensure that each of its subcontractors complies with these requirements. 6. Both Parties shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless each other, their officers and employees from any and all claims, suits, or actions of any nature arising out of activities of the indemnifying Party, its officers, employees or agents in their respective performance under this Agreement. 26200 - 4 - 7. Notwithstanding the foregoing defense obligations under the paragraph above, neither Party nor any attorney engaged by either Party shall defend any claim in the name of the other Party or any agency /department/division of such other Party, nor purport to act as legal representative of the other Party or any of its agencies /departments /divisions, without the prior written consent of the legal counsel of such other Party. Each Party may, at anytime at its election assume its own defense and settlement in the event that it determines that the other Party is prohibited from defending it, or that other Party is not adequately defending it's interests, or that an important governmental principle is at issue or that it is in the best interests of the Party to do so. Each Party reserves all rights to pursue any claims it may have against the other if it elects to assume its own defense. 8. If federal funds are involved in this Agreement, Exhibits B and C are attached hereto and by this reference made 'a part of this Agreement, and are hereby certified to by Agency. 9. If federal funds are involved in this Agreement, Agency, as a recipient of federal funds, pursuant to this Agreement with the 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 the State to return funds to the Federal Highway Administration, hold harmless and indemnify the 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. 10.The Parties hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 11. 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. 12.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 26200 - 5 - 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. The Oregon Transportation Commission on May 20, 2009, approved Delegation Order No. 3, which authorizes the Director and Deputy Director, Highways to approve and execute all agreements pertaining to real property transactions. On July 7, 2005, the Director and Deputy Director, Highways approved Subdelegation Order No. 4, in which the Director and Deputy Director, Highways delegates authority to the Technical Services Manager /Chief Engineer to approve and execute all agreements pertaining to real property transactions. Signature Page to Follow 26200 - 6 - Pursuant to a Letter of Authority dated August 3, 2005, the Technical Services Manager /Chief Engineer authorized the State Right of Way Manager to approve and sign all Department real property deeds, contracts, agreements, and other documents pertaining to real property transactions and to approve and execute agreements with other governmental jurisdictions to employ Right of Way Section staff. CITY OF TIGARD, by and through STATE OF OREGON, by and through its City Council its Department of Transportation By By City Manager State Right of Way Manager Date Date By APPROVAL RECOMMENDED By Date Region 1 Right of Way Manager APPROVED AS TO LEGAL Date SUFFICIENCY By By n/a City Attorney Date Date Agency Contact: APPROVED AS TO LEGAL SUFFICIENCY Tigard City Engineer By n/a 13125 SW Hall Blvd Assistant Attorney General Tigard, OR 97223 503 - 639 -4171 Date: State Contact: Sam Hunaidi 123 NW Flanders Street Portland, OR 97209 503 - 731 -8472 sam.h.hunadi @odot.state.or.us 26200 - 7 - SPECIAL PROVISIONS EXHIBIT A Right of Way Services THINGS TO BE DONE BY STATE OR AGENCY 1. Pursuant to this Agreement, the work performed on behalf of the Agency can be performed by the Agency, the Agency's consultant, or a State Flex Services consultant. The work may be performed by Agency staff or any of these representatives on behalf of Agency individually or collectively provided they are qualified to perform such functions and after receipt of approval from the State's Region 1 Right of Way Manager. Said approval must be obtained, in writing, prior to the performance . of said activities. 2. With the exception of work related to appraisals, State shall not enter into any subcontracts for any of the work scheduled under this Agreement without obtaining prior written approval from Agency. 3. Both Parties will strictly follow the rules, policies and procedures of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35 and the "State Right of Way Manual ". Instructions: Insert either: State, Agency, or N/A on each line. A. Preliminary Phase 1. Agency shall provide preliminary cost estimates. 2. Agency shall make preliminary contacts with property owners. 3. Agency shall gather and provide data for environmental documents. 4. Agency and State shall develop access and approach road list. 5. Agency shall help provide field location and Project data. B. Acquisition Phase 1. General: a. When doing the Acquisition work, Agency shall provide State with a status report of the Project quarterly. b. Title to properties acquired shall be in the name of the Agency. 26200 -8- c. Prior to the initiation of acquisitions, if title to the properties is to be acquired in the name of the Agency, the Agency shall adopt a resolution of intention and determination of necessity in accord with ORS 35.610, authorizing acquisition and condemnation. If the Oregon Department of Justice is to handle condemnation work, that information needs to be included in the resolution adopted by the Agency. Prior approval by Oregon Department of Justice is required. 2. Legal Descriptions: a. Agency shall provide sufficient horizontal control, recovery and retracement surveys, vesting deeds, maps and other data so that legal descriptions can be written. b. Agency shall provide construction plans and cross - section information for the Project. c. Agency shall write legal descriptions and prepare right of way maps. If the Agency acquires any right of way on a State highway, the property descriptions and right of way maps shall be based upon centerline stationing and shall be prepared in accordance with the current "State Right of Way & Rail /Utility Coordination Manual ", "Contractor Services Guide" and the "Right of Way Engineering Manual ". The preliminary and final versions of the property descriptions and right of way maps must be reviewed and approved by the State. d. Agency shall specify the degree of title to be acquired (e.g., fee, easement). 3. Real Property and Title Insurance: a. Agency shall provide preliminary title reports, if State determines they are needed, before,, negotiations for acquisition commence. b. Agency shall determine sufficiency of title (taking subject to). If the Agency acquires any right of way on a State highway, sufficiency of title (taking subject to) shall be determined in accordance with the current "State Right of Way Manual" and the "Contractor Services Guide ". Agency shall clear any encumbrances necessary to conform to these requirements, obtain Title Insurance policies as required and provide the State copies of any title policies for the properties acquired. c. Agency shall conduct a Level 1 Hazardous Materials Study within project limits to detect presence of hazardous materials on any property purchase, 26200 -9- excavation or disturbance of structures, 'as early in the project design as possible, but at.a minimum prior to property acquisition or approved design. d. Agency shall conduct a Level 2 Site Investigation of sufficient scope to confirm the presence of contamination, determine impacts to properties and develop special provisions and cost estimates, if the Level 1 Corridor study indicates the potential presence of contamination that could impact the properties. • If contamination is found, a recommendation for remediation will be presented to State. e. Agency shall be responsible for arrangement of any necessary remediation. f. Agency shall conduct asbestos, lead paint and other hazardous materials surveys for all structures that will be demolished, renovated or otherwise disturbed. Asbestos surveys must be conducted by an AHERA (asbestos hazard emergency response act) certified inspector. 4. Appraisal: a. Agency shall conduct the valuation process of properties to be acquired. b. Agency shall perform the Appraisal Reviews. c. Agency shall recommend Just Compensation, based upon a review of the valuation by qualified personnel. 5. Negotiations: a. Agency shall tender all monetary offers to land- owners in writing at the compensation shown in the appraisal review. Conveyances taken for more or less than the approved Just Compensation will require a statement justifying the settlement. Said statement will include the consideration of any property trades, construction obligations and zoning or permit concessions. If State performs this function, it will provide the Agency with all pertinent letters, negotiation records and obligations incurred during the acquisition process. b. State and Agency shall determine a date for certification of right of way and agree to cosign the State's Right of Way Certification form. State and Agency agree possession of all right of way shall occur prior to advertising of any construction contract, unless appropriate exceptions have been agreed to by Agency and State. 26200 - 10 - c. Agency agrees to file all Recommendations for Condemnation at least seventy (70) days prior- to the right of way certification date if negotiations have not been successful on those properties. 6. Relocation: a. Agency shall perform any relocation assistance, make replacement housing computations, and do all things necessary to relocate any displaced Parties on the Project. b. Agency shall make all relocation and moving payments for the Project. c. Agency shall perform the relocation appeal process. C. Closing Phase 1. Agency shall close all transactions. This includes the construction of deeds, releases and satisfactions necessary to clear title, obtaining signatures on release documents, and making all payments. 2. Agency shall record conveyance documents, only upon acceptance by appropriate agency. D. Property Management 1. Agency shall take possession of all the acquired properties. There shall be no encroachments of buildings or other private improvements allowed upon the State highway right of way. 2. Agency shall dispose of all improvements and excess land. E. Condemnation 1. N/A may offer mediation if the Parties have reached an impasse. 2. Agency shall perform all administrative functions in preparation of the condemnation process, such as preparing final offer and complaint letters. 3. Agency shall perform all legal work related to the condemnation process. (If State is doing this for another agency, the Oregon Department of Justice must approve in advance). 26200 - 11 - 4. Agency shall perform all litigation work related to condemnation. (If State is doing this for another agency, the Oregon Department of Justice must approve in advance). F. Transfer of Right of Way to State If applicable, Agency agrees to transfer to the State all right of way acquired on the State highway which was acquired in the Agency's name. The specific method of conveyance will be determined by the Agency and the State at the time of transfer and shall be coordinated by the State's Region Right of Way Manager. Agency agrees to provide the State all information and file documentation the State deems necessary to integrate the right of way into the State's highway system. At a minimum, this includes: copies of all recorded conveyance documents used to vest title in the name of the Agency during the right of way acquisition process, and the Agency's Final Report or Summary Report for each acquisition file that reflects the terms of the acquisition and all agreements with the property owner(s). 26200 - 12 - Misc. Contracts and Agreements No. 26,189 COOPERATIVE IMPROVEMENT AGREEMENT Pacific Highway West and SW Greenburg Road /SW Main Street Signal Improvements and Maintenance 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 "ODOT "; and the City of Tigard, acting by and through its elected officials, hereinafter referred to as "CITY "; and hereinafter referred to in general terms, singly or collectively, as "PARTY" or "PARTIES ". RECITALS 1. Pacific Highway West (99W), is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). South West Greenburg Road, which becomes South West Main Street after crossing 99W, are part of the CITY street system and under the jurisdiction and control of CITY, hereinafter collectively referred to as "Greenburg/Main ". 2. By the authority granted in Oregon Revised Statues (ORS) 190.110, 366.572 and 366.576, ODOT 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. 3. By the authority granted in ORS 810.210, ODOT is authorized to determine the character or type of traffic control devices to be used, and to place or erect them upon state highways at places where ODOT deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained, or operated upon any state highway by any authority other than ODOT, except with its written approval. Traffic signal work on this Project will conform to the current ODOT standards and specifications. 4. By the authority granted in ORS 366.425, ODOT may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within the state. When said money or a letter of credit is deposited, ODOT shall proceed with the Project. Money so deposited shall be disbursed for the purpose for which it was deposited. 5. By Agreement Number 4312, executed September 21, 1971, ODOT and the CITY agreed that ODOT would perform and upgrade an interconnected traffic control signal system at four (4) intersections on 99W with one of the intersections at "Greenburg/Main ". The agreement also established, maintenance, operations and power cost responsibilities for the signals. Agreement 4312 shall remain in full force and effect except as modified herein by this Agreement. The purpose of this Agreement is to clarify the PARTIES responsibilities in terms of the new construction in the Project area. City of Tigard /ODOT Agreement No. 26,189 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, ODOT and CITY agree to the CITY's project to improve and enhance safety and capacity in the intersection area at the intersection of 99W and Greenburg/Main, hereinafter referred to as "Project ". The Project . includes traffic signal improvements, roadway improvements, improved roadway drainage, illumination, pedestrian improvements, sidewalks, landscaping and bike lanes. The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part • hereof. 2. The Project will be financed at an estimated cost of $5,360,000 in CITY funds. The estimate for the total Project cost is subject to change. CITY shall be responsible for all Project costs. 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance and power responsibilities for the useful life of the facilities constructed as part of the Project. The useful life is defined as twenty (20) calendar years. The Project shall be completed within ten (10) calendar years following the date of final execution of this Agreement by both PARTIES. CITY OBLIGATIONS 1. CITY shall obtain a permit to "Occupy or Perform Operations upon a State Highway" from assigned ODOT District 2A Project Manager as well as land use permits, building permits, and engineering design review approval from ODOT. CITY agrees to comply with all provisions of said permits, and shall require its developers, contractors, subcontractors, or consultants performing such work to comply with such permit and review provisions. 2. CITY, or its consultant, shall conduct the necessary field surveys, environmental studies, traffic investigations, utility coordination, public involvement, preliminary engineering and design work required to; produce and provide final plans, specifications and cost estimates for the highway Project; identify and obtain all required permits; perform all construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, provide technical inspection, project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 3. CITY shall provide the Project preliminary and final plans and specifications to ODOT's District 2A office for review and written concurrence prior to advertisement for construction bid proposals and award of the contract. The intersection and signal design plans must be approved by the ODOT Office of the State Traffic Engineer. ODOT District 2A shall coordinate all such review. 2 City of Tigard /ODOT Agreement No. 26,189 4. If CITY chooses to use a contractor to construct the Project, CITY shall, upon ODOT's written review and concurrence of final plans, prepare the contract and bidding documents, advertise for construction bid proposals, award all contracts, pay all contractor costs, furnish all construction engineering, field testing of materials, technical inspection and project manager services for administration of the contract. 5. CITY shall cause the Project to be designed and constructed in accordance with ODOT standards and upon completion of the Project shall release ownership of traffic signal improvements to ODOT. 6. CITY shall lay out and install the necessary lane lines, and erect the required directional and traffic control signing for the Project. 7. CITY, or its consultant's, electrical inspectors shall possess a current State Certified Traffic Signal Inspector certificate, in order to inspect electrical installations on state highways. The ODOT District 2A Permitting Office shall verify compliance with this requirement prior to construction. 8. CITY is responsible for all costs for ODOT services required for successful completion of the Project on or impacting the state highway. Should the Project require additional ODOT services due to unforseen circumstances or a change in scope of the Project occurs, said additional;,services shall be performed by ODOT at Project expense. ODOT shall make every effort to notify CITY of any additional costs beyond the original estimated amount at the time of discovery of said additional services. 9. CITY shall upon receipt of a fully executed copy of this Agreement and upon a subsequent letter of request from ODOT, forward to ODOT an advance deposit or irrevocable letter of credit in the amount of $15,000.00 for the Project, said amount being equal to the estimated total cost for the work performed by ODOT at CITY's request under ODOT Obligations, Paragraph 2. Included in this amount, the CITY has previously forwarded $2,000 for plan review to the District 2A offices. CITY agrees to make additional deposits as needed upon request from ODOT. Depending upon the timing of portions of the Project to which the advance deposit contributes, it may be requested by ODOT prior to Preliminary Engineering, purchase of right of way, or approximately 4 -6 weeks prior to construction bid opening. 10. Upon completion of the Project and receipt from ODOT of an itemized statement of the actual total cost of ODOT's participation for the Project, CITY shall pay any amount which, when added to CITY's advance deposit, will equal 100 percent of actual total ODOT costs for the Project. Any portion of said advance deposit which is in excess of the ODOT's total costs will be refunded or released to CITY. 11. CITY agrees that all right of way services will be in compliance with Public Law 91 -646, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; ORS Chapter 35, and the Oregon Department of Transportation (ODOT) Right of Way Manual. As acquisition of right of way impacting the ODOT facility is required, CITY 3 City of Tigard /ODOT Agreement No. 26,189 and ODOT are concurrently entering into a separate Right of Way Services Agreement, Number 26,200, along with this Agreement. CITY agrees to contact and coordinate with ODOT's Region 1 Right of Way Manager on all right of way activities. 12. CITY shall, upon completion of the Project, transfer any right of way purchased for ODOT jurisdiction on the Project to ODOT. 13. CITY certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within CITY's current appropriation or limitation of current biennial budget. 14. CITY shall construct the Project in accordance with the requirements of ORS 276.071 including the public contracting laws within ORS Chapters 279A, 279B and 279C. 15. If CITY chooses to assign its contracting responsibilities to a consultant or contractor, CITY shall inform the consultant or contractor of the requirements of ORS 276.071, to ensure that the public contracting laws within ORS Chapters 279A, 279B and 279C are followed.. 16. The Special Provisions for the construction contract work for this Project shall include the following stipulations: a. Contractor shall name ODOT and CITY as third party beneficiaries of the resulting contract. b. Contractor shall indemnify, defend and hold harmless ODOT and CITY and their officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, sub- contractors, or agents under this Contract. c. Commercial General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverages that are satisfactory to ODOT and CITY. This insurance shall include personal and advertising injury liability, products and completed operations. Coverage may be written in combination with Automobile Liability Insurance (with separate limits). Coverage shall be written on an occurrence basis. If written in conjunction with Automobile Liability the combined single limit per occurrence shall not be less than $ 1,000,000 for each job site or location. Each annual aggregate limit shall not be less than $ 2,000,000. d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Commercial Business Automobile Liability Insurance covering all owned, non - owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per occurrence shall not be less than $1,000,000. 4 City of Tigard /ODOT Agreement No. 26,189 e. Additional Insured. The liability insurance coverage, except Professional Liability, Errors and Omissions, or Workers' Compensation, if included, required for performance of the Contract shall include ODOT and CITY and its divisions, officers and employees as Additional Insured but only with respect to the Contractor's activities to be performed under this Contract. Coverage shall be primary and non - contributory with any other insurance and self - insurance. f. Notice of Cancellation or Change. There shall be no cancellation, material change, potential exhaustion of aggregate limits or non - renewal of insurance coverage(s) without thirty (30) days written notice from the Contractor or its insurer(s) to ODOT and CITY. Any failure to comply with the reporting provisions of this clause shall constitute a material breach of Contract and shall be grounds for immediate termination of this Contract. 17. All employers, including CITY, 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. CITY shall ensure that each of its subcontractors complies with these requirements. 18. CITY shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 279B.270 incorporated herein by reference and made a part hereof; Without limiting the generality of the foregoing, CITY expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 19. CITY acknowledges and agrees that ODOT, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of CITY which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after completion of Project. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by ODOT. 20. CITY shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation, its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this Project. 21. Notwithstanding the foregoing defense obligations under the paragraph above, neither CITY nor any attorney engaged by CITY 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 5 City of Tigard /ODOT Agreement No. 26,189 settlement in the event that it determines that CITY is prohibited from defending the State of Oregon, or that CITY 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 CITY if the State of Oregon elects to assume its own defense. 22. CITY is responsible for and ensures that all survey monuments recorded with a county and within or adjacent to the highway right of way shall be preserved in accordance with ORS 209.140 and 209.150. Any such monumentation that is damaged or removed during the course of the Project must be replaced in compliance with ORS Chapter 209 stipulations, the ODOT Right of Way Monumentation Policy, and at CITY'S own expense. 23. CITY is also responsible, at its own expense, for replacement of any additional ODOT survey marks or other monumentation not recorded with a county that are damaged or removed during the course of the Project. In the event of such replacement, CITY shall contact ODOT's Geometronics Unit for replacement procedures. 24. If additional right of way is acquired for state highway right of way purposes as a result of the Project, then a right of way monumentation survey is required as defined in ORS 209.150 and 209.155. CITY agrees to provide such a survey, at its own expense, following ORS Chapter 209 stipulations, ODOT Right of Way Monumentation Policy, and ODOT's Geometronics Unit review and approval, and to file the ; legal survey with the appropriate CITY Surveyor's office as required. 25. Upon completion of the Project, CITY shall continue to be responsible for 50 percent of the actual maintenance and operation costs for Project signal. ODOT is incurring and performing said maintenance and operation costs at their own expense and annually billing CITY for the actual annual portion. The total costs under this Agreement is $3,000 per calendar year. The total CITY portion of the costs is $1,500 annually. CITY shall submit payment within forty - five (45) calendar days of receipt of the annual bill for CITY's portion of the maintenance and operation costs. This cost is subject to review every five (5) years for inflation, and any changes shall be by an,. amendment to this Agreement, signed by both PARTIES. This cost does not include repairs performed on an emergency basis or as a result of a construction project and is not included in the annual costs for this Agreement. Any additional due to emergency costs shall also be shared as stipulated in ODOT Obligations, Paragraph 9. 26. CITY shall, at no cost to ODOT, be responsible for 100 percent of maintenance, water, and power costs associated with the landscape irrigation installed as part of Project improvements covered by this Project. CITY shall ensure that the water and power companies send water and power bills directly to CITY. CITY shall ensure that landscape water systems shall be on separate systems from any ODOT systems. CITY shall, at its own expense, be responsible for a two (2) year establishment period for landscape plantings for the Project. 27. CITY shall remain responsible for all improvements on CITY right of way. 6 City of Tigard /ODOT Agreement No. 26,189 28. CITY shall, upon completion of the Project and at its own expense, maintain the pavement surrounding the vehicle detector loops installed as part of the Project in the CITY streets /roads in such a manner as to provide adequate protection for said detector loops. Failure to do so may result in ODOT requiring CITY to repair or replace the damaged loops at CITY expense. Future CITY roadwork activities involving the detector loops may also result in the same ODOT requirements. CITY shall also adequately maintain the pavement markings and signing installed in accordance with current ODOT standards. 29. CITY shall, upon completion of the Project and at no cost to ODOT, be responsible for the maintenance of sidewalks, drainage maintenance, including water treatment vaults within Project limits, and street sweeping. 30. Upon completion of the Project, CITY shall submit a digital file in Microstation, or if not available, in Portable Document Format (PDF) and three (3) sets of "As Constructed" drawings to Sam Hunaidi at ODOT 123 NW Flanders, Portland Oregon 97209, or assigned designee upon individuals absence. One set shall be half size 11 "x17" mylars, the remaining sets shall be half size (11"x 17 ") prints. 31. CITY's Project Manager for this Project is Michael McCarthy, Senior Project Engineer, City of Tigard, 13125 SW Hall Boulevard, Tigard, OR 97223, phone: (503) 718 -2462, email: mikem @tigard - or.gov or assigned designee upon individual's absence. ODOT OBLIGATIONS 1. ODOT shall, at Project expense, perform the signal equipment environmental testing, field testing, and turn-on in accordance with the current ODOT procedures. 2. ODOT's District 2A Maintenance Manager shall, at Project expense, assign a Project Manager for technical inspection to ensure ODOT standards are met, to monitor the traffic signal and roadway work performed by the CITY, or its contractors, within the boundaries of the ODOT right of way; and for any necessary right of way services. ODOT's Project Manager will provide general oversight of such roadwork, but the CITY or its contractors shall perform all roadwork and contractor coordination. 3. ODOT's District Maintenance Manager /or designee shall, at Project expense, issue the required permits, and review and concur with the Project plans and specifications. ODOT shall review and must concur in the plans before the Project is advertised for a construction contract or before construction begins. 4. ODOT shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in the 99W in such a manner as to provide adequate protection for said detector loops. 5. ODOT shall, upon execution of the Agreement, forward to CITY a letter of request for an advance deposit or irrevocable letter of credit in the amount of $15,000 for payment ODOT 7 City of Tigard /ODOT Agreement No. 26,189 services at the cost of the Project. Included in this amount, the CITY previously forwarded $2,000 for plan review to the District 2A offices. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete Project. 6. • Upon completion of the Project, ODOT shall either send CITY a bill for the amount which, when added to CITY's advance deposit, will equal 100 percent of the total ODOT costs for Project or ODOT will refund CITY any portion of said advance deposit which is in excess of the total ODOT costs for Project. 7. ODOT shall compile accurate cost accounting records. CITY may request a statement of costs to date at any time by submitting a written request. 8. ODOT grants authority to CITY to enter upon ODOT right of way for the construction of this Project. Upon completion of the Project and satisfactory signal turn on, CITY shall transfer ownership and complete jurisdiction and control of the roadway improvements from face of curb to face of curb, the signal improvements and be responsible for 50 percent of the operation and maintenance of the traffic signal equipment installed for the Project at the intersection with the Highway. ODOT shall be responsible for the performance of all maintenance for Project signal equipment. 9. ODOT shall annually submit an invoice to CITY for its portion (50 percent) of all maintenance and . operation costs for the signals that are part of the Project. ODOT is incurring and performing said maintenance costs at their own expense and annually billing CITY for the actual annual portion. Said invoice shall identify actual costs. In the event that ODOT incurs maintenance costs related to an emergency event, 50 percent of said costs shall be identified and added to the CITY'S portion of said costs to the annual billing. The total maintenance costs under this Agreement is $3,000 per calendar year. The total costs for each PARTY is $1,500 annually. Either PARTY may request a review of maintenance costs to be adjusted by amendment to this Agreement; otherwise, review of shared maintenance and operation costs shall occur as described in CITY Obligations, Paragraph 25. 10. Traffic signal timing shall remain the responsibility of ODOT. All modifications shall follow guidelines set forth in the current Manual on Uniform Traffic Control Devices and Oregon Supplements, and the current ODOT Traffic Signal Policy and Guidelines. 11. ODOT shall retain all utility and access permit- issuing authority along the state highway. 12. ODOT's Project Manager for this Project is Sam Hunaidi, 123 NW Flanders Street, Portland, OR 97209; phone: 503 -731 -8472, email: . sam.h.hunadi @odot.state.or.us, or assigned designee upon individual's absence. 8 • City of Tigard /ODOT Agreement No. 26,189 GENERAL PROVISIONS 1. This Agreement may be terminated by mutual written consent of both PARTIES. 2. ODOT may terminate this Agreement effective upon delivery of written notice to CITY, or at such later date as may be established by ODOT, under any of the following conditions: a. If CITY fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If CITY fails to perform any of the other provisions of this Agreement, or so fail to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from the CITY fails to correct such failures within ten (10) days or such longer period as ODOT may authorize. c. If CITY fails to provide payment of its share of the cost of the Project. d. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow ODOT, 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 ODOT is prohibited from paying for such work from the planned funding source. 3. Any termination of this Agreement shall not prejudice any rights or obligations 'accrued to the PARTIES prior to termination. 4. If CITY fails to maintain facilities in accordance with the terms of this Agreement, ODOT, at its option, may maintain the facility and bill CITY, seek an injunction to enforce the duties and obligations of this Agreement or take any other action allowed by law. 5. Each of the PARTIES hereto shall be deemed an independent contractor for purposes of this Agreement and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings. No representative, agent, employee or contractor of one PARTY shall be deemed to be an employee, agent or contractor of the other PARTY for any purpose, except to the extent specifically provided herein. 6. PARTIES certify and represent that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of their respective PARTIES, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind .PARTIES. 9 City of Tigard /ODOT Agreement No. 26,189 7. 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. 8. 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 ODOT to enforce any provision of this Agreement shall not constitute a waiver by ODOT of that or any other provision. IN WITNESS WHEREOF, 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. 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. 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 to approve and sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program or in other system plans approved by the Oregon Transportation Commission, or in a line item in the biennial budget approved by the Director. SIGNATURE PAGE TO FOLLOW 10 City of Tigard /ODOT Agreement No. 26,189 City of Tigard, by and through elected officals STATE OF OREGON, by and through its Department of Transportation By CITY Manager By Deputy Director, Highways Date Date APPROVAL RECOMMENDED APPROVED AS TO'LEGAL SUFFICIENCY By B Technical Services Manager /Chief Engineer CITY Counsel Date Date By CITY Contact: on 1 Manager Michael McCarthy 13125 SW Hall Boulevard Date 1 (2 11 ( Tigard, OR 97223 Phone: 503) 718 -2462 B y Email: mikem @tigard - or.gov District 2A Manager ODOT Contact: Date Sam Hunaidi 123 NW Flanders Street B y Portland, OR 97209 \; phone:, email: State Traffic Engineer Phone: 503-731-8472 Email: sam.h.hunadi @odot.state.or.us Date APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General Date: 11 EXHIBIT A PROJECT LOCATION MAP M. C. & A. No. 26,189 Pacific Highway West and SW Greenburg Road /SW Main Street Signal Improvements and Maintenance BEGINNING OF PROJECT END OF PROJECT STA, 41 +82 (OR99'') STA. 15 +40 (GR1 EN1URG RI).) , D 7' FFJd25F el u" i g _ r 4 : %,:‘, 40, ik, 0 , ' ;I 9 1 I ''Z t AN \ \,‘ 7 a a Y � 2 � t .ter` / ` T . SO �` . i: 4 1S , b4 47 \ ' 4 '' " : 'C t 1 t ,. s .'" e 4-.,.. v..i I i ' n? 0__I BEGINNING OF PROJECT a END OF PROJECT STA. 4 + 62 (MAIN ST) STA.. 52 +00 (OR99WV) Agenda Item # Meeting Date February 9, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Burnham and Capital Improvement Projects CIP) Briefings Prepared By: Kiln McMillan /Ted Kyle Dept Head Approval: City Mgr Approval: CJ� ISSUE BEFORE THE COUNCIL No action is required. The Council is being asked to receive an update on the Burnham Street Improvement Project and CIP projects under construction. STAFF RECOMMENDATION Staff recommends that the Council accept the briefing and ask questions or comment on the status of the projects. KEY FACTS AND INFORMATION SUMMARY • This monthly briefing will cover the conduct of construction and include a preview of the work anticipated during the upcoming months for Burnham Street. • The presentation will also cover three projects that have been completed this fall or are nearing completion: 1) Sidewalk construction at Hall Blvd. and Bonita Road 2) Steve Street Storm Water System Improvement 3) Fanno Creek Bridge and Boardwalk • The contractor is responsible for scheduling and managing their work. Any concerns the council has regarding the overall sequence of construction will be relayed and worked out with the contractor. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS None ATTACHMENT LIST None FISCAL NOTES There is no fiscal impact associated with this item. Agenda Item # Meeting Date February 9, 2010 COUNCIL AGENDA ITEM SUMMARY • City Of Tigard, Oregon Issue /Agenda Title Review of Regional Transportation Planning Activities or Prepared By: Judith Gray Dept Head Approval: AV City Mgr Approval: ISSUE BEFORE THE COUNCIL There are numerous transportation planning activities going on around the region that affect the City of Tigard. Staff will provide updates on transportation activities (approximately quarterly) and seek Council feedback on how to best represent Tigard's interests on these issues. Council's last update on regional transportation planning activities was September 15, 2009. STAFF RECOMMENDATION Receive information from staff updating regional transportation planning. KEY FACTS AND INFORMATION SUMMARY In the last few months, the 2035 Regional Transportation Plan (RIP) Update took major steps toward final approval. The RTP project list is one of the major tools used to allocate federal transportation funding. The R'I'P identified Highway 99W /Barbur Boulevard as the top priority for the next High Capacity Transit (HCT) corridor. Through a TGM grant, staff is collaborating with ODOT and Metro on a study to develop transit - supportive land use concepts along the corridor for HCT station areas. The RIP also identified the I -5 /Barbur Boulevard corridor among the top priorities for Corridor Refinement Plans. The length of the planning area comprises two of the designated corridors: Portland to Tigard ( #2) and Tigard to Sherwood ( #20) see Attachment 1. Metro is seeking a TGM grant for the refinement planning through Tigard and Portland. Metro has initiated a conversation with several cities, including Tigard, to develop strategies to deal with some challenges the statewide Transportation Planning Rule (TPR) presents to some cities in planning for compact urban development. In a meeting with Metro staff in January, they expressed great interest in some of the TPR issues Tigard has encountered in planning for our downtown and the Triangle. In particular, our downtown planning efforts, in combination with the HCT and multi-modal refinement corridors, create a great opportunity to establish parameters to overcome some of the development barriers in the "TPR, especially around increasing non - automobile mode splits. ODOT is initiating a second phase of the Highway 217 Interchange Improvement study. The second phase will focus on implementing shoulder widening, variable message signs, and other measures to improve traffic operations. ODOT is reallocating $10M in funds from the I5 -99W connector project, including $3M to the 99W /McDonald /Gaarde intersection and $1M to 99W /Greenburg /Hall intersection. 1:ALRP1.N \Council Materials \2011) \2 -9 -10 AISv3 Regional transportation planning.docs 1 OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 1.C: Continue to promote plan for Highway 99W Light Rail. Long -term goal: Continue pursuing opportunities to reduce traffic congestion ATTACHMENT LIST 1. Map of Metro's Near - Term Corridor Refinement Plan Priorities FISCAL NOTES N/A T: \LRPLN \Council Materials \2010 \2 -9 -10 AISv 3 Regional transportation planning.docx 2 { �� — 1 1 Near -Term Corridor Refinement �° } �J ATTACHMENT Plan Priorities; Recommended by ° Y. } } `,, ,o R� a., }} JPACT January 14, 2010 v� „a� �- 1 1 �.= - d � L ` • F � = y i G;p 1 C y V �' ) ,g +'\ ,i / ' VANCOUVER -� { _ _. _ r a .,-,. t --- t -- Y I (:: .,-- -- } f �` 1 Apdf �.� 9 1r h ^ s_r cf, • °em } J t VsrboPn f I /�- i gETHrA� } I' • , i + r SgN O Y _ prt } Reed Wood k �'— I -- .- -� 1 l ' � —_ l Y , I 1''-\. , ... . - .'� .. I� ,i u4� GB4 - DA ( dA R "� 1 � T' O LE?,, o • ' , r ORENC ASBO _E ` - �I HOL{ 00 } ZYi F,OREST GROVE L -�:_ _t- HIIL j AR NILC'' yl ; _ _.- S7�•TEW _ SNU ET TC R KWOOj ngdeb S p rr_- LoH � . 1 1 � _ 1 y � r Wiry µ \ °kW- •- " -B VERToN RA E16H . . 1 ", - ( -..", —� _. J � �.. ^ i _ Po I Proposed } �, - � ' - P LE AS ANT VA ,. P `- - 71 --- s -- ) L ENTS 1 FOSTER ' f I - 5 /Barbur Corridor ` ' - _ �`�� — _ r "a-d + " • �Hame - _ Refinement Plan Area r �'. j „� j '\ - - 1 '� Corridors Cottrell \ 4 ' :�roGFk ND (Mobility WASHIN WEST P O RTLAND I i S o c f t ` /'� { 1 •�• !• �s, e� 6O F - , #2 and #20) 1 K r / ' c I. - . L _� // ff""�� HAPPY-VALLEY �a--� r / ` I)rXUN mn�l ! �1 C VA C r � - \ l •�, CJ. Far � o 'y - -� EP4 - � MILWA IE _ HD , ,pp 1 ( S �, -'- �' Proposed East Metro , MURRAY /SCROLLS • k y I KAMAS - Refinement Plan Area - _ • Po tential Plan - " `.rtt.,r (Mobility Corrid #15) I l I gut ` ffI �� - +�� • i { K E A SWEGO I ___ - '., Influence Area . L . \ DAMASCUS -L _ - _ - _ - __ ._ Snt os . ,:. - , � . r '- l I LAK GROVr A \ 0, ----\ WASHINGTON CO P ' -� I 1 ' , . KINd f- - �! _" _" -f I i t YAMHILL CO. ''> - ,t 1T1 ., , , ,�1 jj I W EST.L NN 1 HERW 4" 2. OREGON CITY E ' ! \ N i � Red - Creek _._.. ¢ ca S L N ,� L _ „ 1 �, p 1 4' r ` ` _\ i - I I WIL SONVILLE i � �, Mc!... U U 1 i e � '' L % L I Boma L K CS s /EtJCCKAtM S0 < • _ _ reek MARION CO - •'! Mokpo Agenda Item # Meeting Date February 9, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Parks, Open Space and Trails General Obligation Bond Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: ci ISSUE BEFORE THE COUNCIL Shall the City Council pass a resolution authorizing an election seeking voter approval to issue general obligation bonds to fund acquisition, development and preservation of parks, natural areas, clean water, open space and trails? STAFF RECOMMENDATION Staff recommends that Council should consider information provided by the PRAB and then if so inclined, conduct an informational Public Hearing, consider the resolution and decide: (1) whether or not to hold the bond election in 2010, and if so, (2) should the bond election occur in May or November 2010 KEY FACTS AND INFORMATION SUMMARY • In November 2009 the bond measure for $20 million for the purchase of parks, open space and trails failed by a margin of 53% to 47 %. • Council 2010 tentative goals include (a) deciding whether to return to ballot and, if so, when; and (b) to develop land acquisition strategies (potential options to purchase, etc.) • The recently adopted Parks and Recreation Master Plan identifies deficiencies in the City's current facilities and includes projects for acquisition and construction to reduce those deficiencies. • The Parks and Recreation Advisory Board (PRAB) 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. • The City is currently processing two options to acquire properties that may be dependent on bond sale proceeds during 2010. OTHER ALTERNATIVES CONSIDERED The Council could choose to delay action on this item until June 22 which would allow a November election, delay the election date until 2011 . or later, or decide to forgo the election completely and advise staff of an alternative method to fund these improvements. CITY COUNCIL GOALS 1) 2010 Goal: Strategize with PRAB on a 2010 Parks Bond a. Decide whether to return to ballot and, if so, when. b. Develop land acquisition strategies (potential options to purchase, etc). ATTACHMENT LIST 1) Elections Official Timeline for the May 18 and November 2, 2010 Bond Election 2) Resolution with May 18, 2010 election date 3) Resolution with November 2, 2010 election date FISCAL NOTES An election in May or November 2010 is estimated to cost the City around $500 for publication of legal notices and other minor expenses. Bonds would mature in 21 years or less from issuance and may be issued in one or more series. The estimated additional cost to property owners, if $20 million in bonds were selected, 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). Attachment 1 • Elections Official Timeline • Bond Measure — May 18 or November 2, 2010 May 18, 2010 Nov 2, 2010 Action Primary General Council Decision on Date of Election February 9 June 22 Project Package Refinement (Define project list, assign costs, February 8 July 19 determine total revenue needs, size bond amount)(Last PRAB meeting before Council packed deadline) Agenda Item Summary and Packet Materials due for the January 26 July 27 February 9 meeting or August 10 meeting. Communication Plan and Fact Sheet Submitted with AIS (It would be better to plan for an earlier meeting to cure any issues that might come up during the City Council consideration of the ballot measure.) In the next available edition of a newspaper notice of receipt of Submit legal notice to Submit legal notice to Newspaper on: Newspaper on: ballot title February 18 August 5 Publication date: Publication date: February 25 August 12 Council considers a resolution for the ballot measure and file No later than : No later than : the measure with the City elections official. February 23 August 10 Stakeholder List Developed February 23 August 10 Coordination of Pool Group February 24 N/A Speaker Bureau 2/23 -3/4 8/10 -8/19 Deadline to file a petition to review the ballot title (circuit court) March 4 August 19 is no later than the 7t business day after the ballot title is filed with the city elections official. * *File ballot measure (on form SEL 802) and explanatory March 18 September 2 statement (ORS 251.285 and on form WCEDVP2). Last day to withdraw. Voter Pamphlet Deadline — Measure Argument Statement March 22 September 7 School Information Delivered March 26 September 13 Voter Pamphlet Public View — Measure Argument March 26 September 13 Voter Pamphlet - Mailed State State Ballots — 1st Day to Issue April 5 September 20 Registration Deadline (Postmark by 21st Day Before April 27 October 12 Ballots — Target Mailing Date April 30 October 15 Last Day to Mail out Replacements May 13 October 28 Attachment 2 RESOLUTION NO. 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 $ TO FINANCE THE COSTS OF CAPITAL CONSTRUCTION AND CAPITAL IMPROVEMENTS; DECLARING INTENT TO REIMBURSE EXPENDITURES; AND RELATED MATTERS. A. 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. B. The costs of the Project to be funded with bond proceeds are estimated to be not more than $ C. Oregon Revised Statutes Chapter 287A 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. D. 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 from its general funds on the Project 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 "). E. The City understands that the use of proceeds of the Bonds to reimburse an Expenditure may occur no later than the later of (a) 18 months after the date of such Expenditure or (b) 18 months after completion of the projects to which such Expenditure relates, and in any event no later than three years after the date of such Expenditure; and may occur no earlier than sixty (60) days prior to the date of the adoption of this resolution; except for preliminary expenditures in an amount not exceeding 20% of the Bond proceeds or expenditures which do not exceed the lesser of $100,000 or 5 percent of the Bond proceeds; NOW, THEREFORE, the City Council of the City of Tigard, Washington County, Oregon, resolves as follows: 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 $ . Bond proceeds will be used to finance the Project and pay all Bond issuance costs. The Bonds shall mature over a period of not more than twenty -one (21) years. 2. The measure election hereby called shall be held in the City on the 18th day of May, 2010. As authorized by the County Clerk of Washington County, Oregon, and the Oregon Secretary of State, the election shall be conducted by mail pursuant to ORS 254.465 and 254.470. Page 1 — Resolution Calling Measure Election 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. 4. Pursuant to ORS 250.275(5) and 250.285 the City Elections Officer of the City 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 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 A (the "Notice "). Pursuant to ORS 254.095(2) the City directs the City Elections Officer to deliver the Notice to the Washington County Elections Office not later than March 18, 2010 (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. 5. 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. 6. 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. 7. This resolution shall take effect immediately upon its adoption by the City Council. ADOPTED by the City Council of the City of Tigard, Washington County, Oregon this 9th day of February, 2010. CITY OF TIGARD WASHINGTON COUNTY, OREGON Mayor — City of Tigard ATTEST: City Recorder — City of Tigard Page 2 — Resolution Calling Measure Election EXHIBIT A NOTICE OF BOND ELECTION CITY OF TIGARD WASHINGTON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on November 2, 2010, 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 $ MILLION GENERAL OBLIGATION BONDS TO PROTECT CLEAN WATER, PRESERVE NATURAL AREAS, WILDLIFE HABITAT BEGINNING FY 2010-2011? THIS MEASURE MAY CAUSE PROPERTY TAXES TO INCREASE MORE THAN THREE PERCENT. If the Bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limitations of Sections 11 and 1 lb, Article XI of the Oregon Constitution. SUMMARY If approved, this measure would authorize the City of Tigard to sell up to $ million in bonds for land acquisition and restoration which would:. If approved, the bonds 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, all for the benefit of current and future generations. 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 additional monthly cost would be about $5.41 per month, or $65 per year. Page 1 - Notice of Bond Election Notice is hereby given that a ballot title for a measure referred by the City has been filed with the City Elections Officer on , 2010. The ballot title caption is CITY OF TIGARD, OREGON, GENERAL OBLIGATION BOND AUTHORIZATION. An elector may file a petition for review of this ballot title in the Washington County Circuit Court no later than 5:00 p.m., , 2010. Signature of City Elections Officer Date signed City Manager Printed name of City Elections Officer Title This legal notice is to be published by the City Elections Officer in the Tigard Times, Tigard, Oregon, or in another newspaper of general distribution within the City. Page 2 - Notice of Bond Election • Agenda Item # Meeting Date February 9, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Resolution to Renew the City's Incentives to Annex until February 2011 Prepared By: Gary Pagenstecher Dept Head Approval: n City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall City Council approve a resolution to renew the offer of incentives to property owners who voluntarily annex until February 2011? STAFF RECOMMENDATION Consider the results of the annexation incentive program and determine whether to approve the proposed resolution to renew the offer of annexation incentives to annex until February 2011, or otherwise amend the resolution. KEY FACTS AND INFORMATION SUMMARY On March 13, 2007, City Council approved Resolution 07 -13 establishing policy to guide City actions pertaining to annexation of unincorporated land to the municipal City limits. The policy emphasizes Tigard's desire to work with property owners and residents of the unincorporated Urban Services Area to secure voluntary annexation based on the benefits to be gained by both parties. Section 4 of Resolution 07 -13 directs the City to work directly with property owners who express voluntary interest in annexation and sets out incentives to annex, including: • waiver of the City annexation application fee until July 1, 2008; and • phasing in of increased property taxes over a three -year period at the rate of 33 %, 67 %, and 100 %, for properties that annex during the period of March 13, 2007, to February, 2008 per Oregon Administrative Rule (OAR 150 - 222.111). Subsequent resolutions have been approved since 2007 as follows: • Resolution 07 -47 amends Resolution 07 -13 to expand the incentives to include City payment of the Metro mapping / filing fee until July 1, 2008. • Resolution 08 -12 extending the offer of incentives to property owners who voluntarily annex to the City until February 2009. • Resolution 09 -12 extending the offer of incentives to property owners who voluntarily annex to the City until February 2010. It is the intent of the annexation incentives to make the annexation application process essentially free to individual property owners who voluntarily choose to annex to the City before the incentives expire. As such, it has been the Community Development Department's practice to waive the pre - application conference and application fees for I: \CURPLN\ Gary \Annexation \Voluntary Annexation \ AIS_Annexation Incentives Resolution (3).docx individual property owners interested in voluntary annexation, and to offer the Engineering Division's assistance in preparing legal descriptions as long as they do not require field survey work. The attached Resolution gathers all of the incentives to annex into one place. All incentives are to be reviewed in one year during Council's annual review of the annexation policy. The resolution would be up for review again February 2011. The City has processed eight annexations since April 2007 totaling approximately 42 acres. During that time, there has been limited response to the additional voluntary annexation incentives offered by the City. Seven adjacent property owners that had development potential joined at the invitation of the City when a developer was required to annex for services. Three property owners, representing 6.77 acres, took advantage of the financial incentives and voluntarily annexed without immediate plans for development. Council may wish to review the annexation policy's results to date to see whether or not the existing policy should be continued or enhanced with additional incentives (Attachment 1). As indicated in the Fiscal Notes below the current policy has cost the City substantially in forgone application fees and fees paid to Metro, yet most annexations have been motivated by either the need for services or the long - standing annexation application fee waiver incentive for adjacent property owners to join those annexing for services. OTHER ALTERNATIVES CONSIDERED If Council desires to change the current policy it has a variety of options. For example Council could: • Rescind the recent annexation incentives leaving only the previous incentive of not charging the annexation fee if contiguous properties decide to join the annexation; • Rescind all incentives including application waivers for properties joining in on annexation applications; • Add additional monetary incentives such as offering a longer phase in period of City property taxes or combining a longer phase — in with a complete waiver of a year or more after annexation; • Modify the incentives and offer the fee waivers; property tax phase in; payment of Metro mapping fee and city assistance with property boundary descriptions only to properties that desire to annex to be part of the City and have no need for basic public services in order to develop. CITY COUNCIL GOALS None. ATTACHMENT LIST Attachment 1: Staff Memo, February 1, 2010 Attachment 2: Proposed Resolution amending Resolution 07 -13 FISCAL NOTES Now that the City has some history, staff has calculated the estimated fiscal impact of the City's current annexation incentives on foregone application fees and payment of Metro mapping fees, as follows: • The total cost of the annexation program for the period FY 2006 -2007 to FY 2008 -2009 with incentives has been approximately $25,000 due to forgone application fees. • Property tax revenue taken in during this period is estimated to have been $11,819. (Attachment 1) I: \CURPI,N \ Gary \ Annexation \Voluntary Annexation \ AIS_Annexation Incentives Resolution (3).docx ATTACHMENT 1 City of Tigard TI Memorandu To: Mayor Dirksen and Members of the City Council From: Ron Bunch, Community Development Director Gary Pagenstecher, Associate Planner Re: Background on Performance of Annexation Incentives Date: February 1, 2010 INTRODUCTION If Council wishes to reconsider its policy to provide substantive annexation incentives, staff has prepared an evaluation to what extent the current incentive program has promoted annexation and its costs. The following provides background for the alternatives listed in the Agenda Information Summary. BACKGROUND / DISCUSSION Since the beginning of the annexation incentive program (Res. 07 -13), April 2007, the City has processed eight annexations totaling approximately 42 acres. The City has not received any new requests for annexation since December 2008. The program has "cost" the City approximately $25,000 in foregone annexation related fees and payment of Metro mapping fees. This does not account for staff time invested by the Engineering Division to review and sometimes develop required property descriptions. However, the cost is likely between $1,000 and $1,600 total or between $125 and $200 per annexation. During FY 2006 -07 through FY 2008 -09 there were two, three, and three annexations, respectively, within the incentive period. The City's gain in potential property tax revenue from the eight annexations has not covered the foregone revenue and other costs of the annexation program. It is estimated that by FY 2010 -11 property tax revenue will have exceeded foregone application fees, payments to cover Metro mapping fees, and staff time for annexations that occurred since the beginning of the April 2007 incentive period. The following Figure 1 illustrates this: Figure 1 Total County Additional City City Property 'fax Incentive Property Taxes of Property Tax City Share of City Share of City Share of Total City Property Annexed Property Property Taxes Property Taxes Property Taxes Taxes Paid by end of Year 1 (33%) Year 2 (67 %) Year 3 (100 %) FY 2008 -09 Properties annexed in FY 2006 - FY 2006 -07 FY 2007 -08 FY 2008 -09 S3,533,190 S4,840 81,613 S3,226 S4,840 S9,680 Properties Annexed in FY 2007 - FY 2007 -08 FY 2008 -09 FY 2009 -10 S957,380 S1,311 $437 S874 81,311 S1,311 (estimated) Properties Annexed in FY 2008 09 FY 2008 -09 FY 2009 -10 FY 2010 -11 $1,814,290 S2,483 S828 81,657 S2,483 S828 (estimated) (estimated) Total Estimated Property Taxes Paid by the end of FY 2008 -09 by newly annexed properties: $11,819 Total Estimated Property Taxes Paid by the end of FY 2010 -11 by newly annexed properties: $28,259 There has been limited response to the voluntary annexation incentives offered by the City during the incentive period: • Seven adjacent property owners joined at the invitation of the City when the developer was required to annex for services. • Three property owners, representing 6.77 acres, took advantage of the financial incentives and voluntarily annexed without immediate plans for development. Most annexations have been motivated by the need for City services rather than the opportunity to be part of a City. However, it's important to note that, the City has had a long standing policy of waiving the annexation fee for contiguous properties that concurrently join with an annexation application to also be annexed. The data has not been collected, but it is likely that contiguous unincorporated properties that also need services find it convenient to annex at the same time. It is seldom that fully developed properties that already have services join with an annexation application. The Council's incentive policy added waiver of annexation application fees for stand alone annexations, phased property taxes, and payment of Metro fees. The application fees are by far the largest incentive (Application fees: $2,893; Increase in property tax on $400,000 residence: $427; Metro fee for 5 to 40 acres: $300). CONCLUSION If Council desires to change the current policy it has a variety of options. For example Council could: • Rescind the recent annexation incentives leaving only the previous incentive of not charging the annexation fee if contiguous unincorporated properties decide to join the annexation; • Rescind all incentives including application waivers for properties joining in on an annexation application; • Add additional monetary incentives such as offering a longer phase -in period of City property taxes or combining a longer phase -in period with a complete waiver of a year or more after annexation; • Modify the incentives and offer the fee waivers; property tax phase -in; payment of Metro mapping fee and city assistance with property boundary descriptions only to properties that desire to annex to be part of the City and have no need for basic pubic services in order to develop. EXHIBIT A NOTICE OF BOND ELECTION CITY OF TIGARD WASHINGTON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on May 18, 2010, 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 $ MILLION GENERAL OBLIGATION BONDS TO PROTECT CLEAN WATER, PRESERVE NATURAL AREAS, WILDLIFE HABITAT BEGINNING FY 2010 -2011? THIS MEASURE MAY CAUSE PROPERTY TAXES TO INCREASE MORE THAN THREE PERCENT. If the Bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limitations 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 $ million in bonds for land acquisition and restoration which would:. If approved, the bonds 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, all for the benefit of current and future generations. 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 additional monthly cost would be about $5.41 per month, or $65 per year. Page 1 - Notice of Bond Election Notice is hereby given that a ballot title for a measure referred by the City has been filed with the City Elections Officer on , 2010. The ballot title caption is CITY OF TIGARD, OREGON, GENERAL OBLIGATION BOND AUTHORIZATION. An elector may file a petition for review of this ballot title in the Washington County Circuit Court no later than 5:00 p.m., , 2010. Signature of City Elections Officer Date signed City Manager Printed name of City Elections Officer Title This legal notice is to be published by the City Elections Officer in the Tigard Times, Tigard, Oregon, or in another newspaper of general distribution within the City. Page 2 - Notice of Bond Election Attachment 3 RESOLUTION NO. 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 $ TO FINANCE THE COSTS OF CAPITAL CONSTRUCTION AND CAPITAL IMPROVEMENTS; DECLARING INTENT TO REIMBURSE EXPENDITURES; AND RELATED MATTERS. A. 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. B. The costs of the Project to be funded with bond proceeds are estimated to be not more than $ C. Oregon Revised Statutes Chapter 287A 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. D. The City anticipates incurring expenditures (the "Expenditures ") to fmance the costs of the Project and hereby declares its official intent to reimburse itself for any Expenditures it may make from its general funds on the Project 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 "). E. The City understands that the use of proceeds of the Bonds to reimburse an Expenditure may occur no later than the later of (a) 18 months after the date of such Expenditure or (b) 18 months after completion of the projects to which such Expenditure relates, and in any event no later than three years after the date of such Expenditure; and may occur no earlier than sixty (60) days prior to the date of the adoption of this resolution; except for preliminary expenditures in an amount not exceeding 20% of the Bond proceeds or expenditures which do not exceed the lesser of $100,000 or 5 percent of the Bond proceeds; NOW, THEREFORE the City Council of the City of Tigard, Washington County, Oregon, resolves as follows: 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 $ . Bond proceeds will be used to finance the Project and pay all Bond issuance costs. The Bonds shall mature over a period of not more than twenty -one (21) years. 2. The measure election hereby called shall be held in the City on the 2nd day of November, 2010. As authorized by the County Clerk of Washington County, Oregon, and the Oregon Secretary of State, the election shall be conducted by mail pursuant to ORS 254.465 and 254.470. Page 1 — Resolution Calling Measure Election • 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. 4. Pursuant to ORS 250.275(5) and 250.285 the City Elections Officer of the City 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 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 A (the "Notice "). Pursuant to ORS 254.095(2) the City directs the City Elections Officer to deliver the Notice to the Washington County Elections Office not later than September 2, 2010 (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. 5. 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. c , 6. 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. 7. This resolution shall take effect immediately upon its adoption by the City Council. ADOPTED by the City Council of the City of Tigard, Washington County, Oregon this 9th day of February, 2010. CTTY OF TIGARD WASHINGTON COUNTY, OREGON Mayor — City of Tigard ATTEST: City Recorder — City of Tigard Page 2 — Resolution Calling Measure Election