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City Council Packet - 03/23/2010 • n TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING March 23, 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 II City of Tigard Tigard Business Meeting - Agenda TIGARD Meeting TIGARD CITY COUNCIL MEETING DATE: March 23, 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 (MD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503 - 639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA 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. TIGARD CITY COUNCIL /LCRB AGENDA — MARCH 23, 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 7 City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE /TIME: March 23, 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 • Administrative Items • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session for consultation with counsel concerning labor negotiations and real property negotiations under ORS 192.660(2) (d) and (e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non - Agenda Items Non Agenda (Item No.12): Pursuant to City Council discussion in Executive Session, the City Council might be considering a resolution to purchase property. 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Taylor Friesen (Taylor will not attend tonight.) • Chamber of Commerce Chief Executive Officer Debi Mollahan • Follow -up to Previous Citizen Communication • Citizen Communications Sign Up Sheet TIGARD CITY COUNCIL — MARCH 23, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I I www.tigard- or.gov I Page 2 of 7 7:35 PM 3. PROCLAMATIONS - Mayor Dirksen • NATIONAL COMMUNITY DEVELOPMENT WEEK — APRIL 4 -18, 2010 • ARBOR MONTH — APRIL 2010 7:40 PM 4. 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: 4.1 Approve City Council Meeting Minutes for November 24 and December 15, 2009 and January 5 and January 12, 2010 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Appoint Members of Greenway Trail Master Plan Project Citizen Advisory Committee - Resolution No. 10 -10 A RESOLUTION APPOINTMENT MEMBERS TO THE TIGARD GREENWAY TRAIL MASTER PLAN PROJECT CITIZEN ADVISORY COMMITTEE 4.4 Appoint At -large Members of Committee for Citizen Involvement - Resolution No. 10 -11 A RESOLUTION APPOINTING PATRICIA ANDA, CONNIE RAMAEKERS, VERONICA PREDOVIC, AND CATHY OLSON TO THE COMMITTEE FOR CITIZEN INVOLVEMENT 4.5 Authorize Formation of Ad hoc Urban Forestry Code Revisions Citizen Advisory Committee — Resolution No. 10 -12 A RESOLUTION ESTABLISHING A CITIZEN ADVISORY COMMITTEE FOR THE URBAN FORESTRY CODE REVISIONS 4.6 Adopt Tree Board By -laws — Resolution No. 10 -13 A RESOLUTION ADOPTING BYLAWS FOR THE TREE BOARD 4.7 Approve Intergovernmental Agreement (IGA) with Washington County for Construction of the Pacific Highway /Greenburg Road /Main Street Project Local Contract Review Board (LCRB) TIGARD CITY COUNCIL - MARCH 23, 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 7 4.8 Award Garrett Street Sidewalk Improvement Construction Contract • ConsentAtenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 5. BURNHAM STREET CONSTRUCTION BRIEFING • Public Works Department 8:00 PM 6. LEGISLATIVE PUBLIC HEARING — CONSIDER A CODE AMENDMENT TO SPECIFY THE REMOVAL AND DISPOSAL OF SIGNS AND OTHER TT'EMS ILLEGALLY PLACED IN THE RIGHT OF WAY AND ESTABLISH FEES FOR REMOVAL OF SUCH ITEMS a. Open Public Hearing b. Rules of Procedure Review: City Attorney c. Summation by Community Development Department d. Public Testimony Written testimony received from the Portland Metropolitan Association of Realtors e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. Council Consideration: Ordinance No. 10 -06 Council Member: I move for adoption of Ordinance No. 06 -10 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: ORDINANCE NO. 10 -06 — AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE CREATING A CHAPTER PERTAINING TO ITEMS ILLEGALLY PLACED IN THE PUBLIC RIGHT OF WAY, TO CLARIFY REQUIREMENTS FOR STORAGE AND DISPOSAL, IMPOSE A FEE FOR RETRIEVAL, AND EXPAND STAFF AUTHORIZED TO HANDLE AND PROCESS ITEMS Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council? City Recorder: Conducts a roll-call to record votes of City Council members. TIGARD CITY COUNCIL — MARCH 23, 2010 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 www.tigard- or.gov I Page 4 of 7 Mayor: Ordinance No. 10 -06 (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. 8:30 PM 7. REVIEW 2010 SPECIAL LEGISLATIVE SESSION AND ITS IMPACT ON LOCAL REVENUE SOURCES • Administration Department 8:40 PM S. ANNUAL REVIEW OF MAYOR'S REGIONAL LIAISON ACTIVITIES • Mayor Dirksen 9:00 PM 9. RECOMMENDATION TO WASHINGTON COUNTY REGARDING THE TRANSPORTATION DEVELOPMENT TAX TEMPORARY DISCOUNT • Community Development Department 9:15 PM 10. CONSIDER GRANTING EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION 4.50 FOR FOUR NON - PROFIT LOW INCOME HOUSING PROJECTS OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING (CPAH) • Finance and Information Services Department Council Member: I move for adoption of Resolution No. 10 -14 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 -14 — A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION 3.50 FOR FOUR NON - PROFIT LOW - INCOME HOUSING PROJECTS OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING (CPAH) Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 10 - 14, please say "aye." TIGARD CITY COUNCIL — MARCH 23, 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 7 Mayor /Councilors Mayor: All those opposed to adopting Resolution No. 10 -14 please say "nay." Mayor /Councilors Mayor: Resolution No. 10 -14 (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. 9:30 PM 11. COUNCIL LIAISON REPORTS 12. NON AGENDA I l'EMS Pursuant to City Council discussion in Executive Session, the City Council might be considering a resolution to purchase property. Council Member: I move for adoption of Resolution No. 10 -15 Council Member: I second the motion Mayor: Will the City Recorder please read the number and tide of the resolution? City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 10 -15, please say "aye." Mayor /Councilors Mayor: All those opposed to adopting Resolution No. 10 -15, please say "nay." Mayor /Councilors Mayor: Resolution No. 10 -15(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. TIGARD CITY COUNCIL — MARCH 23, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www.tigard - or.gov Page 6 of 7 13. 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. 9:40 PM 14. ADJOURNMENT I:\ADM\CATHYICCA\2010 100323). doc TIGARD CITY COUNCIL - MARCH 23, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard- or.gov I Page 7 of 7 k c or de City of Tigard III v Study Session — Agenda TIGARD ' TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: March 23, 2010/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 • STUDY SESSION o Administrative Items ✓ Business Meeting Information • Councilor Buehner requests Consent Agenda Item Nos. 4.5 and 4.7 be removed for separate consideration. • Agenda Item No. 6 - Legislative Public Hearing — Consider a Code Amendment to Specify the Removal and Disposal of Signs and Other Items Illegally Placed in the Right of Way and Establish Fees for Removal of Such Items • Attached is written testimony: March 18, 2010 letter from the Pordand Metropolitan Association of Realtors ✓ Grant from Metro — Summer Creek natural area acquisition Recipient: City of Tigard Partners: The Trust for Public Land, Tualatin RiverKeepers, Tualatin Watershed Council, Fans of Fanno Creek, Washington County, Clean Water Services. Grant amount: $1 million Total project cost: $5.4 million Metro will contribute to the acquisition of 43 acres of wetlands and mature forests at the confluences of Summer and Fanno creeks. The property is a high - profile natural area - the best remaining unprotected land in Tigard and, soon, the city's second largest park. The site has functioned as an outdoor lab for students at Fowler Middle School. With the help of several community partners, this project will expand environmental education programs to students throughout Washington County. Metro, the regional government that serves 1.5 million people who live in the 25 cities and three counties of the Portland metropolitan area, provides planning and other services that protect the nature and livability of our region. ( http:// www .oregonmetro.gov /index.cfin /go /by.web /id= 32734) ✓ Determine Schedule — Council Coffee and Council Town Hall (Monthly calendar pages for rest of year are attached) • Select date for Council Coffee • Confirm date for next Council Town Hall (next "Fifth Tuesday" is June 29) • Determine Format — Invite Senator Burdick and Representative Doherty (Note: Executive Session on Labor Negotiations rescheduled to the April 13, 2010, City Council meeting.) • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session for consultation with counsel concerning laber-iteratiatiens -and real property negotiations under ORS 192.660(2) (e). 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. March /April City Council Calendar - Next page.... TIGARD CITY COUNCIL STUDY SESSION AGENDA — March 23, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov Council Calendar: March 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 26 Monday Budget Committee Meeting -- 6:30 pm, Public Works Auditorium 13 Tuesday Council Business Meeting — 6:30 pm, Town Hall 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. l:\ADM\CATHY\CCA SS - PINK SHEET\2010 \100323.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA — March 23, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard - or.gov I March 2010 Calendar — United States Page 1 of 1 -(/(C)3 &S51 b1 `A ab kx { ?« r 3/a40 .,,, a L•-" S•� ¢ 4 �5 rc r . t. 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About us I Advertising I Disclaimer I Privacy http: / /www.timeanddate. com/calendar /monthly.html ?year =2010 &month = l 2 &country=1 3/23/2010 T �ItiZ C I(I CvYY, LA/I-- Tigard Area Chamber of Commerce March City Council Update r , 3.11) - • The Tigard Chamber Bowl -O -Rama at the Tigard Bowl, owned by Lori and Mark Pearl was a great event. Thirteen teams competed with top honors going to Tigard Tire and Auto Services,2' place to Acceleration Chiropractic and 3 place being shared by Becoming You Hypnosis and Tigard Family Chiropractic. It was great fun and a great fundraiser. Big thanks for Lori and Mark Pearl for providing their facilities for this event and enabling it to be a great fundraiser for the Tigard Chamber • The Shining Stars Community Awards Banquet is coming soon. Award and scholarship recipients will be announced by the Tigard Chamber beginning next week. Stay tuned to the Tigard Times, the Tigard Flyer and the web. Don't miss the civic event of the year, being held Friday, April 16 from 6 -9 p.m. at Embassy Suites, Washington Square. Tickets are on sale for $55 /person. Contact the chamber at 503- 639 -1656 or at info @tigardchamber.org to register and pay. Online registration and payments are also available by visiting the Tigard chamber web at www.tigardareachamber.org /Chamber Events.php, then click on the Register and Pay link. Silent Auction donation items are still being requested and accepted. Please contact the chamber for more information. • The Tigard Chamber is working to develop a monthly after hours schedule. Our first member sponsored after hours event is tomorrow, March 24 from 4:30 to 6:00 p.m. at the Marriot Courtyard- Tigard. Check the chamber web at www.tigardareachamber.org /directory /events for details. • The Tigard Chamber has office space for lease within the Tigard Chamber building located at 12345 SW Main Street in downtown Tigard. For more information contact the chamber at info @tigardchamber.org. "An Evening of Shining Stars 4( SILENT AUCTION DONATION FORM April 16th, 2010 4.q,, Embassy Suites Hotel- Tigard 9 6:00- 9:OOpm a a of cod` Thank you very much for a donation of an item and/or certificate to our annual gala event honoring excellence in business, education and volunteerism. Your donation will greatly assist in the chambers mission to continue providing a positive and profitable business environment. Donations must he in no later than March 31st, 2010. Donor name as it should appear in the program: Address: Contact name for arrangements: Telephone #: Estimated value of donation: Emai I address: Description of donation: (Please include limitations, restrictions and/or expiration date; if physical item does not accompany, please describe in detail) Signature of donor: Date: ® Tangible item attached. 0 Tangible item needs to picked up. ▪ 1 have made a copy of this form as a receipt. ® Gift Certificate attached. o Please send me a receipt. ® Gift Certificate needs to be made. ® Display item available for auction. Solicited by: Tigard Area Chamber of Commerce 12345 SW Main St, Tigard, Oregon 97223 503- 639 -1656, fax: 503 -639 -6302 f Tigard Chamber WEST COAST � �. 503 639 1656 - BANK 44, 4 i nfo@tigardchamber.org rJ4, * Conmut1 A ds 13�nquet T at u umuni Sponsor- $25 mate: 03 1 _ 1 V/i4gha Banner behind the main stage* - ume: 10 complementary dinner tickets Name/logo in promo materials S O 1SO[? $1511) Provide a center iece or ra � O p for raffle Provide Promo Material for 10 Banner along wall of ballroom''` place settings i- gait *6 complementary dinner tickets OW , Name / logo in promo materials S �I,I YIIe r S 0In0 r J$,E0 Provide a centerpiece for raffle ovide Promo Material for 10 place 4( 2 complementary dinner tickets ettings Il Name in promo materials *Provide Pro vide a centerpiece for raffle T I lIe is 1,11T Provide Promo Material for 8 pla Ilk settings > Before 02101/10 - $45 per person After 02/01/10 - $55 per person ine Soolisorstartsgt $300 Business Name: Contact: Address: Phone: Email: Payment Method (circle one): Check Cash Credit Card Credit Card # Exp. Date "Wilinallailiaffg* Location: Embassy Suites 9000 SW Washington Square •,, *ES To make an In -Kind Donation Please call or email us today!! Road Tigard, OR 97223 *Banners Provided by Sponsor Special Rate for attendees ONLY $89 a night ! �A QV C►Vlli,ttii(AA TREE EASEMENT RESOLUTION -14O Enhancement of Tigard's urban forest has been a cornerstone of work over the past decade by the Tree Board. It has involved early drafts of code interpretations and changes, review of new comp plan material, development of an Urban Forest Master Plan, and support of public information on Tigard's forest condition. Substantial work remains before regulatory changes (comp plan and development code) can be placed in effect. Without waiting for such mandatory changes, Tigard leaders (city council, planning commission, tree board, citizens with both development and protection interests) have expressed support and enthusiasm for non - regulatory changes which advance the overall goal of urban forest enhancement. Therefore: WHERAS continued development on both public and private lands in Tigard have the potential to remove significant trees of desirable species, WHERAS Tigard has a mitigation fund and SDC funds which are sometimes available for the purpose of land purchase or other efforts to enhance the urban forest, WHERAS creative avenues to preserve significant trees of desirable species can be put in place before a full regulatory scheme is finished by city staff, citizens and an uncertain approval process, THEREFORE the Tigard City Council asks staff to prioritize an effort to draft and bring to Council for approval, one or more 'model easement agreements' which can be utilized by the city and any land owner, with the consent of each party, to legally protect significant trees of desirable species, including groves of trees, from removal under current or changed ownership of and ownership. Matters to be considered in such model agreement include term of easement, designation of a responsible Tigard city action party, value to Tigard and land owner of such easement, inspection and maintenance of protected trees and enforcement of the easement. This Resolution is effective on the date of its passage and one or more draft easement agreements is requested within four months. Approved (date) By (Mayor) Agenda Item No. • For Agenda of March 23, 2010 • • MEMORANDUM TIGARD TO: Honorable M or & City Council FROM: Cathy Wheatl City ecorder RE: Three -Month Council Meeting Calendar DATE: March 11, 2010 Regularly scheduled Council meetings are marked with an asterisk ( *). March 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 26 Monday Budget Committee Meeting — 6:30 pm, Public Works Auditorium 27* Tuesday Council Business Meeting — 6:30 pm, Town Hall May 3 Monday Budget Committee Meeting — 6:30 pm, Public Works Auditorium 10 Monday Budget Committee Meeting — 6:30 pm, Public Works Auditorium 11* Tuesday Council Business Meeting — 6:30 pm, Town Hall 17 Monday Budget Committee Meeting — 6:30 pm, Public Works Auditorium (if needed) 18* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 25* Tuesday Council Business Meeting — 6:30 pm, Town Hall 31 Monday Memorial Day Holiday, City Hall closed I: \ADM \City Council \Council Calendar \3 -month calendar for c mtg 100323.doc Agenda Item No. Tigard City Council Tentative Agenda 2010 Meeting of Meeting Date: March 9, 2010 Meeting Date: March 16, 2010 Meeting Date: March 23, 2010 Meeting Typemme: Business/6:30 p.m. Meeting Type/Time: Workshop 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 CittAttomey- Damien Hall Business Workshop Study Session - Time Sched. 35 min. - 10 Avail. 3,::;:61011 Exec. Session - Pronertv Nego. - Dennis -10 min. Items previously scheduled for this meeting Workshop moved to March 30, 2010 due to Consent Agenda were moved to March 23, 2010. lack of a quorum. Some Council members Appoint Urban Forestry Code Rev. CAC - Marissa -RES are attending NLC Conference. Approve IGA w /ODOT for Greenway Trail Plan -Duane Approve Members of Greenway Trail Master Plan Project CAC - Duane -RES LCRB -Award Garrett St. Sidewalk Contract- Vannie LCRB- Approve IGA w/Wash. Co. for Const. Mgmt . & Inspection Svcs. For Pacific /Greenburg /Main - Dennis MEETING CANCELLED MEETING RESCHEDULE' Adopt Tree Board Bylaws - Todd - RES Appoint CCI Members - Marissa - RES Business Meeting THS Student Envoy Chamber of Commerce Nat'l Community Development Week Proc. - Joanne Arbor Day Proclamation - Marissa Burnham &CIP Project Reports - Ted/Kim -PPT - 15 mir Legis. PH - 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. - ORD Review 2010 Special Legislative Session and its Impact on Local Revenue Sources - Kent & Liz -10 Mayor's Report - Cathy - 20 mm. Council Rec. to Wash. Co. Coordinating Committee Admin -r_;r CD - HR - Finance /IT - re: Continuing TDT Discount -Gus - 15 min. Library - Police Risk - PW - ;rant Exemptions from Property Taxes for 3 Non -Prof. •nr..lnr - , - �rp r, (;PAN Hn7!Finn proie of ^,- Tnhir- RFS -15 mi Time Avail: 110 min. - Time Scheduled: 105 min. Time Left: 5 min. Page 1 of 7 3/15/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: March 30, 2010 Meeting Date: April 13, 2010 Meeting Date: April 20, 2010 Meeting Type/Time: Workshop /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 February 16, 2010 Request to Sched. Due March 2, 2010 Request to Sched. Due March 9, 2010 Materials Due © 5: March 16, 2010 Materials Due @ 5: March 30, 2010 Materials Due © 5: April 6, 2010 _Mayor Dirksen Absent _ Workshop Study Session - Time Sched. 30 min. - 15 Avail. Workshop udget Coirsir - upu«« u; i .update on T rilviet Proposed Service Cuts - Judith - Briefing on Regional Transportation Plan - City's YTD Financial Picture -Toby - 30 min 20 min. Judith 15 min. OCDA Budget Committee - Update on Discuss the Use of Urban Renewal Funds to Subsidize Update on Street Maintenance Fee True -up - Agency's YTD Financial Picture - Temporary Use Fees for Downtown Businesses - Dennis - 30 min. - Toby - 10 min. Sean /Ron - 10 min. Tigard Transportation System Plan Update - Consent Agenda Consultant Final Briefing - Darren - 70 min. . \,uuPL Revisions to Citywide Personnel Pol. - Sandy Consider Implementing a Traffic -photo en- Approve Leave of Absense for Library Board Membe forcement program- Chief Orr - 30 min. and Appoint Alternate to Fill Vacant Position - Margaret - RES Amend Master Fees Schedule to apply Fees to new Downtown Code Review Procedures -Sean - RES LCRB Street Sweeping Svcs. Cont. Dennis NOTE: Annual Solid Waste Financial Report - Dennis - SI Boy Scout Troop 69 is scheduled for a Approve CO for Hoodview Dr. Sewer Reim. - Ted flag ceremony. Leader will confirm Business Meeting with Carol. THS Student Envoy &Chamber of Commerce Rep. Arbor Day Update and Tree Stewardship Awards Marissa/Todd - 35 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: 140 Time Avail: 110 min. - Time Scheduled: 80 min. Time Avail: 180 min. - Time Scheduled: 45 min. Time Left: 40 min. Time Left: 30 min. Time Left: 135 min. Page 2 of 7 3/1512010 Tigard City Council Tentative Agenda 2010 Meeting Date: April 26, 2010 Meeting Date: April 27, 2010 Meeting Date: May 3, 2010 Meeting Type/Time: Budget Com. /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Meeting Type/ Time: Budget Com. /6:30 p.m. Location: PWA Location: City Hall Location: PWA Request to Sched. Due Request to Sched. Due March 16, 2010 Request to Sched. Due Materials Due @ 5: Materials Due @ 5: April 13, 2010 Materials Due @ 5: Study Session - Time Sched. 10 min. - 35 Avail. Discuss Revs. io l,rtywide Personnel Poileies- bandy- Iu Budget Committee Meeting Consent Agenda Budget Committee Meetir i ; LCRB -Award Contract for Repair of the Fanno Creek House - Dennis Business Meeting Council Goal Update - Liz N. - Si - 15 min. Info PH - Approve Formation of the Sanitary Sewer Reimbursement District No. 48 (Lower Cherry Dr.) Ted - PPT - 10 min. - PPT Info PH - Approve Formation of the Sanitary Sewer Reimbursement District No. 42 (100th Ave.) Ted - PPT - 25 min. - PPT Informational PH - Finalize SS Reimbursement Dist. No. 45 ( Hoodview) - PPT - RES - Dennis - 15 min Time Avail: 110 min. - Time Scheduled: 65 min. Time Left: 45 min. Page 3 of 7 3/12/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: May 10, 2010 Meeting Date: May 11, 2010 Meeting Date: May 17, 2010 Meeting Type/Time: Budget Com. /6:30 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Budget Com. /6:30 Location: PWA Location: City Hall Location: PWA Request to Sched. Due Request to Sched. Due March 30, 2010 Request to Sched. Due Materials Due @ 5: Materials Due @ 5: April 27, 2010 Materials Due @ 5: Study Session - Time Sched. 0 min. - 45 Avail. Budget Committee Meeting Consent Agenda Budget Committee Meeting (if Award Contract for Consultant Water Rate Methodology Study - Dennis Business Meeting Tigard Youth Advisory Council Update -Sheryl H. & Connie Ramaekers - PPT - 15 min. THS Student Envoy Chamber of Commerce Rep. ;itywide Sewer Extension Program Review - Ted - 20 min. Burnham &GIP Project Reports - Ted /Kim - PPT - 15 min. Presentation of Pacific Highway Vision Document by the University of Oregon Portland Urban Architecture Laboratory - Ron /Sean - 45 min. - PPT Time Avail: 110 min. - Time Scheduled: 95 min. Time Left: 15 min. Page 4 of 7 3/15/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: May 18, 2010 Meeting Date: May 25, 2010 Meeting Date: June 8, 2010 Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Business /6:30 p.m. Meeting Type/Time: Business /CCDA /6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Request to Sched. Due April 6, 2010 Request to Sched. Due April 13, 2010 Request to Sched. Due April 27, 2010 Materials Due @ 5: May 4, 2010 Materials Due @ 5: May 11, 2010 Materials Due @ 5: May 25, 2010 Workshop Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. 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 Methodology Study Project Overview - Dennis - 30 min. - PPT Consent Agenda Consent Agenda Approve IGA with Washington County accepting Grant Funds to finance The Knoll at Tigard Sidewalk and Improvements - Duane - MO \pprove MOU with CPAH for pass through of CDBG Funds - Duane - MO Business Meeting Business Meeting Chamber of Commerce Rep. Burnham &CIP Project Reports - Ted /Kim - PPT - 15 min. Certify City provides Svcs. for Shared Revs.- Toby- 5 min. -RES Declare Election to Receive State Revenues - Toby - PH -5 min. - RES Approve 2010 -2015 CIP - PH - Toby - 10 min. Adopt Citywide Master Fees & Charges - Toby -10 min. -RE` Adopt FY 2010 -11 Budget - PH - RES- Toby- 25 min CCDA Budget Adoption - PH - Toby- 5 min. Time Avail: 180 min. - Time Scheduled: 120 Time Avail: 110 min. - Time Scheduled: 0 min. Time Avail: 110 min. - Time Scheduled: 75 min. Time Left: 60 min. Time Left: 110 min. Time Left: 35 min. Page 5 of 7 3/15/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: June 15, 2010 Meeting Date: June 22, 2010 Meeting Date: July 13, 2010 Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Business /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 May 4, 2010 Request to Sched. Due May 11, 2010 Request to Sched. Due June 1, 2010 Materials Due © 5: June 1, 2010 Materials Due @ 5: June 8, 2010 Materials Due @ 5: June 29, 2010 Workshop Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 0 min. - 45 Avail. Water Rate Consultant Presentation on Water Rate Study Findings - Dennis - 60 min. PPT Water Rate Consultant Presentation on System Development Charge (SDC) Findings - Dennis - 30 min - PPT 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: 180 min. - Time Scheduled: 90 Time Avail: 110 min. - Time Scheduled: 30 min. Time Avail: 110 min. - Time Scheduled: 15 min. Time Left: 90 min. Time Left: 80 min. Time Left: 95 min. Page 6 of 7 3/15/2010 Tigard City Council Tentative Agenda 2010 Meeting Date: July 20, 2010 Meeting Date: July 27, 2010 Meeting Date: August 10, 2010 Meeting Type/Time: Workshop /6:30 p.m. Meeting Type/Time: Business /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 June 8, 2010 Request to Sched. Due June 15, 2010 Request to Sched. Due June 29, 2010 Materials Due © 5: July 6, 2010 Materials Due @ 5: July 13, 2010 Materials Due @ 5: July 27, 2010 Workshop Study Session - Time Sched. 0 min. - 45 Avail. Study Session - Time Sched. 20 min. - 25 Avail. Council Groundrules - Cathy - 20 min. City Manager Review - Admin - SI - 20 min. Joint Meeting with the Budget Committee SI - Toby - 30 min. Water Rate Consultant Presentation on Final Recommendations on System Dev. Charge (SDC) Update - Dennis 30 min.- PPT Consent Agenda Consent Agenda Water Rate Consultant Presentation on Final Recommendations on Water Rata' Study - Dennis - 60 min. - PPT Business Meeting Business Meeting Council Goal Update - Admin - SI - 15 min. Chamber of Commerce Burnham &CIP Project Reports - Ted /Kim - PPT - 15 min. Public Hearing - Adoption of Final Recommended Water Rate Study Report - Dennis - 60 min. -RES Approve Posting of 60 -day Public Hearing Notice for Final Consideration by Council to Adopt 2010 Water Rate SDC - Dennis - 30 min. Time Avail: 180 min. - Time Scheduled: 140 Time Avail: 110 min. - Time Scheduled: 15 min. Time Avail: 110 min. - Time Scheduled: 105 min. Time Left: 40 min. Time Left: 95 min. Time Left: 5 min. Page 7 of 7 3/15/2010 Agenda Item # b 3 Meeting Date March 23, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Appoint Members of Greenwav Trail Master Plan Project Citizen Advisory Co . ttee (CAC) ,r J Prepared By Duane Roberts Dept Head Approval: City Mgr Approval: 41 `l V ISSUE BEFORE THE COUNCIL Should Council adopt a resolution appointing members nominated by staff to serve on a Greenway Trail System Master Plan Citizen Advisory Committee? STAFF RECOMMENDATION Staff recommends that Council approve the resolution appointing members to the advisory committee and expanding the number of committee members to eight (8). KEY FACTS AND INFORMATION SUMMARY Tigard has been awarded a Transportation Growth Management (TGM) grant to pay for the development of the City's first -ever greenway trail system master plan. The conditions of the grant require the establishment of an ad hoc citizen's advisory committee to oversee the development of the master plan. This is something the City normally would do anyway, without being required to do so. The procedures governing the formation and appointment of a limited duration citizen advisory committee are delineated in Res. No. 08- 47(Attachment 2). Step one of the two -step Council process includes approval of a purpose and charge statement, a list of stakeholder groups to be represented, and a meeting protocol. On February 23, 2010, Council approved the purpose and charge statement, list of stakeholder groups to be represented, and meeting protocol. Staff now is returning to Council for step two - approval of specific individuals to fill the slots defined in the stakeholder groups list. The citizen's committee established by Council included seven members. If acceptable, staff proposes to expand the committee to eight members, but in large part representing the same Council - approved interest groups. The expansion of the CAC by one would accommodate increased interest in the project. The nominated persons include a member of the Bike Tigard Citizen Advisory Committee, a Park and Recreation Board representative, a Friends of Tigard -Bull Mountain Trails representative, an environmental interest group representative (Tualatin Riverkeepers), two citizens who served on the former Neighborhood Trails Plan advisory committee (with one doubling as the "friends" group representative), and three volunteers who participated in the recent City greenway trail count /survey. The Tigard Transportation Advisory Committee was afforded the opportunity to nominate a CAC representative from its ranks, but declined to do so. A list of the names and affiliations of individuals proposed for appointment is attached. OTHER ALTERNATIVES CONSIDERED None considered. I: \LRPLN \Council Materials \2010 \3 -23 -10 AIS .Appoint Members of Greenway Trail Master Plan_dl.doc 1 CITY COUNCIL GOALS The trail study implements Council Goal No. 1, Implement the Comprehensive Plan which, under 8.2.i, calls for the development of "a trail system master plan to guide the development of the trail system and facilitate progress towards its completion." ATTACHMENT LIST Attachment 1: A Resolution Appointing Members to a Greenway Trail Master Plan Project Citizen Advisory Committee Attachment 2: A Resolution Amending the Process to Form and Appoint Members for Limited Duration to Citizen Advisory Committees FISCAL NOTES The City has been awarded $92,000 though ODOT's Transportation Growth Management Program to complete a greenway trail master plan. The grant is administered by ODOT. The City match is in -kind project management services only. No City cash is involved. The ODOT funds will be used to hire a consultant team to develop the trails master plan with public involvement. [: \LRPLN \Council Materials \2010 \3 -23-10 MS Appoint Members of Greenway 'frail Master Plan_dl.doc 2 CITY OF TIGARD, OREGON ATTACHMENT 2 TIGARD CITY COUNCIL RESOLUTION NO. 08-47 A RESOLUTION AMENDING THE PROCESS TO FORD AND APPOINT MEMBERS OF LIIv1ITED DURATION TO CITIZEN ADVISORY COMMITTEES (CAC). WHEREAS, City Council's goals for 2008 include, "Promote and honor good citizenship in Tigard "; and WHEREAS, Resolution 95 -60 pertains to the appointment of board and committee members on the Planning Commission, Budget Committee, and Library Board; and WHEREAS, the current process to appoint CAC's, regardless of their duration, involves a long period of advertising /solicitation, candidate selection, Council interviews, official appointment, and dissolution as described in Resolution 95 -60 for regular boards and committees; and WHEREAS, the Committee for Citizen Involvement voted unanimously on June 18, 2008 to support amendment of the Citizen Advisory Committee formation and appointment process; and WHEREAS, City Council informally agreed to change the process to form and appoint limited duration Citizen Advisory Committees at their July 15, 2008 workshop meeting. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The following procedure is hereby adopted to form and appoint limited duration Citizen Advisory Committees: 1. Staff advises Council that the formation of an ad -hoc CAC is needed via a Council meeting consent agenda. Notice to Council includes a purpose and charge statement with a sunset clause, stakeholder groups to be represented, and meeting protocols; and 2. If approved by Council, staff then solicits and chooses qualified CAC members and submits names for Council approval, also through the consent agenda process. SECTION 2: This process shall be reviewed in one year. SECTION 3: This resolution is effective immediately upon passage. RESOLUTION NO. 08 - 4 17 Page 1 PASSED: This l_ day o -(.G .[.4 2008. Mayor City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO.08 - Page 2 CITY OF 'RIGARD, OREGON RESOLUTION NO. 95 -19b EXHIBIT A A RESOLUTION ESTABLISHING A PROCEDURE FOR RECRUITMENT AND APPOINTIEENTS TO BOARDS AND COMMITTEES WHEREAS, the City of Tigard wants to appoint interested citizens to serve on various Boards and Committees; and WHEREAS, Section 20 of the Tigard Charter gives the Mayor the authority to appoint fellow Council members to internal committees which have been formed by Council rule; and WHEREAS, there are no rules in the Charter governing committees which are created by an ordinance or resolution of Council, where prospective appointees are from the community; and WHEREAS, a written procedure for recruitment and interviewing individuals for Board and Committee appointments would provide consistency and minimize delays in filling vacancies. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: Tigard City Council hereby adopts the following procedure for recruitment, interviewing and appointments to the Budget Committee, the Library Board, and the Planning Commission. 1. Three months prior to the expiration of any term(s) on the Library Board, Planning Commission or Budget Committee, a recruitment notice shall appear in the CityScape. In addition, any incumbent(s) eligible for reappointment shall be contacted to determine their interest in reappointment. 2. Individuals interested in being considered for appointment to the Budget Committee, Planning Commission, or Library Board shall submit a completed • "Citizen's Interest Application' by the deadline submitted in the CityScape 3. The Mayor and Councilor serving on the Mayor's Appointments Advisory Committee shall be contacted and a time shall be scheduled to interview interested individuals two (2) months prior to the expiration of any term(s). RESOLUTION NO. 95 -00 Page 1 I III 4. The staff liaison for the Board or Committee shall review the applications submitted and recommendations to the Mayor's make Committee.on those individuals to interview. Advisory 5. The Mayor and Councilor on the Mayor's Appointment Advisory Committee shall review the applications and, considering the recommendations of the staff liaison, select those individuals to be interviewed. Any incumbent(s) eligible for reappointment shall also be interviewed. 6. The Mayor's Appointment Advisory Committee shall make a recommendation to the full Council no more than thirty (30; days prior to the expiration of any term(s) . 7. Individuals not selected for an interview or individuals interviewed but not appointed shall be notified in writing. 8. Individuals appointed or reappointed shall be notified in writing at least twenty (20) days prior to the expiration of the term to which they are appointed. 9. The staff liaison shall contact the newly appointed Board or Commission member at least two (2) weeks prior to the beginning of the term to schedule an orientation. Reappointed members shall also be contacted and provided an opportunity to discuss issues of concern or interest with the staff liaison. Section 2: Appointments of Council members to internal committees formed by Council rule shall be made by the Mayor. PASSED: This ( -1 day of 1995. - - City of Tigard ATTEST: ea-V G�1 City Recorder - City of Tigard • RESOLUTION NO. 95 Page 2 Agenda Item # f' L / Meeting Date March 23, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Appointment of Committee for Citizen Involvement At -large Members Prepared By: IVlatissa Daniels Dept Head Approval: • G City Mgr Approval: f L e ISSUE BEFORE THE COUNCIL Appointment of new members to the Committee for Citizen Involvement (CCI). STAFF RECOMMENDATION Adopt the resolution appointing four at -large members to the CCI. KEY FACTS AND INFORMATION SUMMARY On September 25, 2007, Council, by resolution, created four at -large positions on the CCI, plus a new youth slot. On February 22, 2010, the Mayor's Appointment Advisory Committee interviewed two candidates for the available openings and recommended appointing Veronica Predovic and Cathy Olson as at -large members to the CCI. Patricia Anda and Connie Ramaekers have applied to be re- appointed to the Committee. The terms for all at -large members are one year. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Tigard City Council Long Range Objectives: Tigard citizens are involved in the community and participate effectively ATTACHMENT LIST Attachment 1: A Resolution appointing Patricia Anda, Connie Ramaekers, Veronica Predovic, and Cathy Olson to the Committee for Citizen Involvement FISCAL NOTES N/,-1 I:\LRPLN \Council Materials\2010\3 -23 -10 CCI Appointment AIS.docx Agenda Item # Meeting Date March 23, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Authorize Formation of Ad Hoc Urban Forestry Code Revisions Citizen Advisory Committee Prepared By Marissa Daniels Dept Head Approval: City Mgr Approval: 1:0//1 ISSUE BEFORE THE COUNCIL Shall Council authorize the formation of an Urban Forestry Code Revisions Citizen Advisory Committee (CAC) and adopt a resolution outlining committee membership, mission, and meeting protocol? STAFF RECOMMENDATION It is recommended that Council authorize the establishment of the CAC and approve the associated purpose and charge statement, list of stakeholder groups to be represented, and meeting protocol. KEY FACTS AND INFORMATION SUMMARY Council adopted the Urban Forest section of the Comprehensive Plan in 2008 and accepted the Urban Forestry Master Plan in 2009 to help guide and inform an update of the City's tree and urban forestry related code provisions. On February 16, 2010 Council provided direction to staff on the process and timeline. One of the components Council approved includes the formation of a CAC to advise staff and seek consensus during the update. Resolution 08 -47 (Attachment 1) establishes procedures to form and appoint limited duration Citizen Advisory Committees. Step one of the two -step Council process includes approval of a purpose and charge statement, a list of stakeholder groups to be represented, and a meeting protocol. The proposed purpose, charge, and meeting protocol for this ad -hoc committee are part of the appended proposed resolution (Attachment 2). Staff proposes a fifteen- member committee that would include representatives of the Tree Board, Parks and Recreation Advisory Board, Transportation Advisory Board, development interests, environmental interests, landscape /arborist professionals, and two citizens at -large with a preference for those with technical knowledge in urban forestry issues. In March, staff will return to Council for the appointment of specific citizens to fill the slots defined above. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS 1 b: Update Tree Code I: \LRPLN \Council Materials \2010 \3 -2310 AIS Authorize Formation of Ad Hoc OF Code Revisions CAC.docx 1 ATTACHMENT LIST Attachmentl: Resolution amending the process to form and appoint members of limited duration to Citizen Advisory Committees (CAC). Attachment 2: Resolution establishing a citizen advisory committee for the urban forestry code revisions. FISCAL NOTES Council directed staff to hire a third party project facilitator to focus and manage the CAC meetings, ensure meaningful input by all participants, and deal with differing points of view. The estimated cost to hire a facilitator is $4,000. There are funds in Community Development's "Professional Services" budget to cover the expense. I: \LAPIN\ Council Materials \2010 \3 -23 -10 AIS Authorize Formation of Ad Hoc OF Code Revisions CAC.docz 2 ATTACHMENT I CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 08-47 A RESOLUTION AMENDING THE PROCESS TO FORM AND APPOINT MEMBERS OF LIMITED DURATION TO CITIZEN ADVISORY COMMITTEES (CAC). WHEREAS, City Council's goals for 2008 include, "Promote and honor good citizenship in Tigard "; and WHEREAS, Resolution 95 -60 pertains to the appointment of board and committee members on the Planning Commission, Budget Committee, and Library Board; and WHEREAS, the current process to appoint CAC's, regardless of their duration, involves a long period of advertising /solicitation, candidate selection, Council interviews, official appointment, and dissolution as described in Resolution 95 -60 for regular boards and committees; and WHEREAS, the Committee for Citizen Involvement voted unanimously on June 18, 2008 to support amendment of the Citizen Advisory Committee formation and appointment process; and WHEREAS, City Council informally agreed to change the process to form and appoint limited duration Citizen Advisory Committees at their July 15, 2008 workshop meeting. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The following procedure is hereby adopted to form and appoint limited duration Citizen Advisory Committees: 1. Staff advises Council that the formation of an ad -hoc CAC is needed via a Council meeting consent agenda. Notice to Council includes a purpose and charge statement with a sunset clause, stakeholder groups to be represented, and meeting protocols; and 2. If approved by Council, staff then solicits and chooses qualified CAC members and submits names for Council approval, also through the consent agenda process. SECTION 2: This process shall be reviewed in one year. SECTION 3: This resolution is effective immediately upon passage. RESOLUTION NO. 08 - 417 Page 1 PASSED: This 1. ' day o Cj,G4 _ 2008. Mayor City of Tigard ATTEST: `. / City Recorder - City of Tigard RESOLUTION NO. 08 - A.17 Page 2 Agenda Item # �' v Meeting Date March 23, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Adopt Tree Board Bylaws Prepared By: Todd Prager Dept Head Approval: City Mgr Approval: ftij4 fr C ISSUE BEFORE THE COUNCIL Council is being asked to adopt bylaws for the Tree Board by resolution. STAFF RECOMMENDATION Adopt the draft Tree Board bylaws. KEY FACTS AND INFORMATION SUMMARY When the Tree Board was formed in 2001, bylaws were not adopted. The Tree Board has found that bylaws would help to improve meeting efficiency and assist its members by clearly outlining roles, responsibilities, and conduct. Staff developed a set of draft bylaws using a template from existing boards and committees that has been tailored to fit the Tree Board's charge and duties (Section 1), and composition (Section 2). Two minor amendments were made to the template in order to clarify Council criteria for removing members (Section 10), and to allow the Tree Board to suspend /reinstate Robert's Rules of Order upon a majority vote of the Board (Section 6). The Tree Board achieved consensus on the draft bylaws at their January 2010 meeting. Council action to formally adopt the bylaws is needed. OTHER ALTERNATIVES CONSIDERED Continue to operate without Tree Board bylaws. CITY COUNCIL GOALS 4 - Advance Methods of Communication ATTACHMENT LIST Attachment 1 - Resolution Adopting Bylaws for the Tree Board Exhibit A - Bylaws of the City of Tigard Tree Board . FISCAL NOTES N/A Agenda Item # L I / 2 Meeting Date March 23. 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Intergovernmental Agreement (IGA) with Washington County for Construction of the Pacific Hwy / Greenburg Rd / Main St Project Prepared By: Mike McCarthy Dept Head Approval: City Mgr Approval: L al F � v ISSUE BEFORE THE COUNCIL Shall the Council authorize the Mayor to sign an IGA with Washington County regarding construction of improvements to the intersection of Pacific Hwy with Greenburg Road and Main Street? STAFF RECOMMENDATION Staff recommends the Council authorize the Mayor to sign the agreement. KEY FACTS AND INFORMATION SUMMARY • City Gas Tax funds have been budgeted to construct improvements on Pacific Hwy at its intersection with Greenburg Road and Main Street. These improvements include auxiliary through lanes on Pacific Hwy, additional turn lanes on Greenburg Rd and Main St, bike lanes on Pacific Hwy, sidewalks, and street trees. • This project is being constructed in conjunction with an adjacent state and county - funded project at the intersection of Pacific Hwy and Hall Blvd. • This combined project, by having a single contractor, bid process, inspection, and schedule, will save the public a significant amount of money, and inconvenience compared to doing the projects separately. • Under this IGA, the County would administer the contract and provide construction management, engineering, and inspection, with oversight from the City. • Under this IGA, the County would lead the public information program with assistance from the City • This agreement establishes a demarcation line (approximately 250 feet east of Main Street) that would be used to allocate project costs. All work east of this line will be paid for as part of the County project. All work west of the line will be paid for by the City. • The County will pay the contractor and consultants for both projects and invoice the City for costs incurred on the City project. • This IGA has been reviewed by the City Attorney. OTHER ALTERNATIVES CONSIDERED The City Council could choose not to enter into the IGA, or could delay the IGA for further negotiation. Not entering the IGA would necessitate doing the projects separately, which would significantly increase the cost the project and introduce coordination issues that would lengthen the timeframe of the project. Staff has negotiated the IGA with the County and believes it to be a fair and reasonable allocation of costs for this combined project. CITY COUNCIL GOALS Long Term: Continue Pursuing opportunities to reduce traffic congestion ATTACHMENT LIST 1. Intergovernmental Agreement between Washington County and the City of Tigard for Joint Procurement and Construction Management of the SW Greenburg Rd, SW Main Street, and Pacific Highway 99W Road Improvement Project and the SW Hall Blvd and Pacific Highway 99W Road Improvement Project. FISCAL NOTES This project is fully funded in the amount of $5.3 million in the City Gas Tax Fund. INTERGOVERNMENTAL AGREEMENT BETWEEN WASHINGTON COUNTY AND THE CITY OF TIGARD FOR JOINT PROCUREMENT AND CONSTRUCTION MANAGEMENT OF THE SW GREENBURG RD. AND SW MAIN STREET AND PACIFIC HIGHWAY 99W ROAD IMPROVEMENT PROJECT AND THE SW HALL BLVD. AND PACIFIC HIGHWAY 99W ROAD IMPROVEMENT PROJECT THIS AGREEMENT is entered into between Washington County, a political subdivision of the State of Oregon, acting by and through its elected officials, hereinafter referred to as "County ", and the City of Tigard, a municipal corporation, acting by and through its City Council, hereinafter referred to as "City," jointly referred to as the "Parties ". RECITALS 1. County is constructing a road improvement project for the intersection of SW Hall Blvd. and Pacific Highway 99W from Project Station 52 +00 to Project Station 62 +06 ( "County Project "), pursuant to Intergovernmental Agreements County has obtained through Oregon Department of Transportation; and 2. City is funding and developing a road improvement project for the intersection of SW Greenburg Road and SW Main Street at their intersection with Pacific Highway 99W from Project Station 41 +82 to Project Station 52 +00 ( "City Project "), pursuant to Intergovernmental Agreements City has obtained through Oregon Department of Transportation; and 3. The County and City have determined that it would serve the interests of the public to combine the County Project and the City Project into one project ( "Combined Project ") for bidding and construction management purposes; and 4. ORS 190.010 authorizes agencies to enter into intergovernmental agreements for the performance of any or all activities and functions that a Party to the agreement has the authority to perform. NOW, THEREFORE, the Parties hereto agree as follows: 1. COUNTY OBLIGATIONS APPLICABLE TO COMBINED PROJECT 1.1 The County hereby designates the Capital Project Management Division (CPM) Manager, Department of Land Use and Transportation, or designee, as the County's representative to be responsible for coordination of the project with the City. Washington County / City of Tigard Agreement for Joint Procurement and Management of the Hwy 99W / Hall / Greenburg / Main Project Page I of 6 1.2 County shall be responsible for the total construction costs for the County Project. Costs shall include, but are not limited to, all bid items, construction materials, and labor. 1.3 County shall construct the Combined Project using ODOT and City standards, as applicable, unless otherwise specified in writing by the County Engineer and City Engineer. 1.4 County shall review and approve submittals. Any objection of the County or City to preliminary or final plans and specifications shall be resolved through consultation between the County Project Manager and the City Project Manager. The City Project Manager shall be the final arbitrator of any remaining differences. 1.5 The County shall provide coordination of the Plans, Specifications and other bidding materials and perform bid for a shared cost. 1.6 County shall provide construction administration, management and inspection for the project, in addition to the City's supplementary inspection for specialty situations, on roadway, drainage, landscaping, and lighting issues, for quality control purposes. County shall administer, manage and inspect the project in accordance with project plans and specifications. 1.7 County shall act as the City's agent, in consultation with the City Project Manager, for the delivery of services including but not limited to the following: • Conduct competitive procurement and award Contract. • Include City of Tigard, its officers, agents, and employees, and City of Tigard Council as additional names insured on the construction contract • Perform contract administration. • Create a Public Notification Program and respond to concerns and complaints from local businesses and the public. • Provide utility relocation coordination. • Conduct a preconstruction conference with the contractor, City, ODOT, and utilities. • Evaluate all contractor submittals to ensure they meet the project plans and specifications. • Collect, review, and file documentation associated with quantity, quality control, and origin of materials. • Review and forward all contractor requests for clarifications and changes to the contract documents to the City Engineer for his input and approval. Allow the City no less than five days to respond to Requests for Information (RFI) or requests for extra work. • Process substitution requests and change order requests. • Review requested design changes. • Provide construction engineering, inspection, testing and construction management services for the project, including during the warranty period. • Make payments to the contractor. Washington County / City of Tigard Agreement for Joint Procurement and Management of the Hwy 99W / Hall / Greenburg / Main Project Page 2 of 6 • Ensure construction is completed in accordance with project plans and specifications. • Provide the City with as -built plans and any other necessary documentation. • Perform field measurements, calculations, prepare documentation and monthly progress estimates for payment. • Conduct project progress meetings • Perform environmental and permit coordination and compliance monitoring. • Take and make available photos and inspector records of project construction. 1.8 County shall maintain accurate records of its performance of this Agreement including any expenditure for the Combined Project. These records shall be available for examination by the City upon reasonable notice. 1.9 All work and records of work shall be in conformance with applicable State and local statutes and regulations. The work and records shall not conflict with any applicable ordinances or regulations. 1.10 County shall pay all approved contractor invoices and provide construction management for both projects. 1.11 The County shall track costs and submit invoices to the City for reimbursement of City Project costs in a form and timeframe mutually agreed to by the County and City. 2. CITY OBLIGATIONS APPLICABLE TO CITY PROJECT 2.1 The City shall, upon execution of this agreement, assign a liaison person to be responsible for coordination of the project with the County. 2.2 City shall be responsible for the following services: • Review the contract documents and help resolve ambiguities and conflicts • Provide construction surveying and staking • Provide secondary project management in cooperation with the County • Provide planning expertise and public involvement • Provide preliminary design • Assist with land use approval and permitting • Perform right -of -way acquisition (per Right -of -way IGA) • Coordinate utility relocations and resolving conflicts • Provide final project design, including plans and specifications • Assist County with bidding process and contract award • Review and evaluate the contractor Requests For Information or changes to the contract documents. • Assist County with Project Management • Assist County with public notification and complaint resolution efforts Washington County / City of Tigard Agreement for Joint Procurement and Management of the Hwy 99W / Hall / Greenburg / Main Project Page 3 of 6 • Assist County with inspection of specialty items • Issue permits over which City has jurisdiction • Perform all other services not included under County obligations that are required to complete the project. 2.3 City shall be responsible for the total construction engineering costs for the City Project. Costs shall include, but are not limited to, engineering consultant services, facilitating neighborhood meetings, obtaining DSL /Corps, Sensitive Land and ODOT permits and administrative costs. These costs will be invoiced to the City monthly. 2.4 City shall reimburse County for the actual amount of the costs incurred for construction administration work for the City Project at a total estimated cost of $300,000. This will include an initial payment of $75,000. When costs exceed $75,000, the amount due will be invoiced to the City quarterly. 2.5 City shall be responsible for the total construction costs for the City Project and shall reimburse County for the actual amount of the costs incurred for construction work. Costs shall include, but are not limited to, all bid items, construction materials, and labor at a total estimated cost of $2,700,000. These costs will be invoiced to the City monthly. 2.6 The City shall make payment to the County of all undisputed charges within 30 days of receipt of an invoice. Invoices should be sent to the City Project Manager. 3. GENERAL PROVISIONS 3.1 LAWS OF OREGON The Parties agree to abide by all applicable laws and regulations regarding public contracting and the handling and expenditure of public funds. This agreement shall be construed and enforced in accordance with the laws of the State of Oregon. All relevant provisions required by ORS Chapters 279A -C to be included in public contracts are hereby incorporated and made a part of this agreement as if fully set forth herein. 3.2 DEFAULT Time is of the essence in the performance of this agreement. Either Party shall be deemed to be in default if the Party fails to comply with any provision of this agreement. The complaining Party shall provide the other Party with written notice of default and allow thirty (30) days within which to cure the defect. The County shall pay the City for costs incurred for satisfactorily completed and authorized work up to the time of default, if any. Washington County / City of Tigard Agreement for Joint Procurement and Management of the lIwy 99W / Hall / Greenburg / Main Project Page 4 of 6 3.3 INDEMNIFICATION This agreement is for the benefit of the Parties and shall not inure to the benefit of third parties. Each Party agrees to indemnify and hold harmless the other Party and its officers, employees, and agents, from and against all claims, demands and causes of actions and suits of any kind or nature for personal injury, death or damage to property on account of or arising out of services performed, the omission of services or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying Party and its officers, employees, and agents. To the extent applicable, the above indemnification is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300). In addition, each Party shall be solely responsible for any contract claims, delay damages or similar items arising from or caused by the action or inaction of the Party under this agreement. 3.4. MODIFICATION OF AGREEMENT No waiver, consent, modification or change of terms of this agreement shall be binding unless in writing and signed by both Parties. 3.5 DISPUTE RESOLUTION The Parties shall attempt to informally resolve any dispute concerning any Party's performance or decisions under this agreement, or regarding the terms, conditions or meaning of this agreement. A neutral third party may be used if the Parties agree to facilitate these negotiations. In the event of an impasse in the resolution of any dispute, the issue shall be submitted to the governing bodies of both Parties for a recommendation or resolution. 3.6 SEVERABILITY If any one or more of the provisions contained in this agreement is invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the agreement will not be affected or impaired in any way. 3.7 INTEGRATION This agreement is the entire agreement of the parities on its subject and supersedes any prior discussions or agreements regarding the same subject. 4. TERM OF AGREEMENT 4.1 The term of this agreement shall be from the date of execution until the completion of the project, but not to exceed four years. 4.2 This agreement may be amended or extended for periods of up to one year by Washington County / City of Tigard Agreement for Joint Procurement and Management of the Hwy 99W / Hall I Greenburg / Main Project Page 5 of 6 consent of the Parties. It may be canceled or terminated for any reason by either Party. Termination or cancellation shall be effective 30 days after written notice to the other Party, or at such time as the Parties may otherwise agree. The Parties shall, in good faith, agree to such reasonable provisions for winding up the project and paying for costs as are necessary. IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and year hereinafter written. WASHINGTON COUNTY, OREGON CITY OF TIGARD, OREGON CHAIRMAN, BOARD OF COUNTY MAYOR COMMISSIONERS Date: Date: RECORDING SECRETARY CITY RECORDER Approved as to Form: Loretta Skurdahl Sr. Assistant County Counse4 Date: Approved as to Form: Timothy V. Ramis City Attorney Date: Washington County / City of Tigard Agreement for Joint Procurement and Management of the Hwy 99W / Hall / Greenburg / Main Project Page 6 of 6 Agenda Item # ���c' Meeting Date March 23, 2010 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title: Award Garrett Street Sidewalk Improvement Constru on Contract Prepared By: Joe Barrett Dept Head Approval: City Mgr Approval: exi /►r ' r ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board award a contract for the Garrett Street Sidewalk Improvement project to S -2 Contractors? STAFF RECOMMENDATION Staff recommends the Local Contract Review Board award a contract for the Garrett Street Sidewalk Improvement project to S -2 Contractors. KEY FACTS AND INFORMATION SUMMARY • The City was awarded a $142,000 Community Development Block Grant (CDBG) to construct a sidewalk and associated storm drainage improvements along one side of Garrett Street. • Garrett Street connects Ash Avenue and Pacific Highway. It is an older street without curbs, sidewalks and storm drainage facilities. The neighborhood is primarily residential, comprised of low and moderate income people living in single family homes and apartment buildings. • The installation of sidewalks will improve neighborhood livability and provide a safe and convenient pedestrian route to services, shopping, public transportation, and school bus stops. • In February of this year, staff issued a formal Invitation to Bid for this project. The engineer's estimate for the work was $140,000. Seven responsible bids were received; S -2 Contractors offered the lowest responsible bid at just over $99,000. The bids were as follows: Rank Bidder Amount 1 S -2 Contractors $99,314.00 2 Parker Northwest $110,151.00 3 Subcom Excavation & Utilities $117,857.81 4 GSE, Inc. $124,848.00 5 GVS Contracting $129,869.80 6 R &R General Contractors, Inc. $137,165.50 7 Gelco Construction $166,028.00 • One of the CDBG grant requirements is that the project be completed no later than June 2010. By awarding this contract to S -2 Contractors, the City will be able to meet this deadline. OTHER ALTERNATIVES CONSIDERED The Local Contract Review Board may reject all bids. This option would likely lead to the loss of CDBG funding, as the City would be unable to go back out to bid and complete the project before the June 2010 deadline. CITY COUNCIL GOALS None ATTACHMENT LIST None FISCAL NOTES The cost of the construction contract is $99,314. This is about $42,000 less than the $142,000 CDBG funding; there is sufficient money available for the project. The project will be budgeted in the Gas Tax Fund and supported with CDBG grant revenues. No monetary match is required. However, the City will contribute some in -kind services to the project. Agenda Item # Mee ting Date March 23, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Burnham Street Construction Briefing �/ r Prepared By: Kim McMillan Dept Head Approval: City Mgr Approval: v E"' 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 project. KEY FACTS AND INFORMATION SUMMARY This monthly briefing will showcase the information available on the web about milestones, schedules and photos. 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 March 23, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title: Consider and Adopt Tigard Municipal Code Amendments to Specify the Removal and Disposal of Signs and Other Items Illegally Placed in the Public Right -of -Way and Establish Fees for Removal of Such Items. 4t' Prepared By Christine Darnell Dept Head Approval• City Mgr Approval: L , /ALA r G� ISSUE BEFORE THE COUNCIL Shall the City Council amend regulations in the Tigard Municipal Code (TMC) pertaining to confiscation of signs and other materials from the public Right -of -Way (ROW)? STAFF RECOMMENDATION Review and adopt proposed language amending the TMC to address a revised confiscation, storage and disposal policy, as well as a reclaiming fee, for signs and other materials illegally placed in the public ROW as directed by Council in the February 16, 2010 Workshop Meeting. KEY FACTS AND INFORMATION SUMMARY Items illegally placed in the public ROW, such as signs, furniture, and play equipment can cause clutter and potential safety hazards, and have long been a concern for the Tigard City Council. With direction from City Council on October 27, 2009, staff began developing a new approach for confiscation, storage, processing, and disposal of materials illegally placed in the public ROW. A primary factor in this new approach included cost recovery for the City and a monetary deterrent for illegally placing materials in the public ROW by means of a fee for reclaiming confiscated materials. Staff presented this compiled information on February 16, 2010 to City Council. Council directed staff to draft an ordinance revising the TMC to implement a new confiscation, storage, retrieval and disposal policy and a reclaiming fee for materials illegally placed in the public ROW. Council additionally directed that the reclaiming fee for confiscated A -board and Lawn signs would be $40, while appropriate reclaiming fees for other materials and signs confiscated from the public Right -of -Way will vary. Details about the research used in developing the recommended policy and procedure are contained in the Staff Report (Attachment 2). 1 OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 1: Implement Comprehensive Plan Comprehensive Plan: Policy 9.3: Make Tigard a prosperous and desirable place to live and do business; and Policy 10.2: Maintain a high level of residential livability. ATTACHMENT LIST Attachment 1: Draft Ordinance Exhibit A: New TMC Chapter 7.61 Property in the Right -of -Way. Exhibit B: Amended TMC Chapter 2.52 Abandoned, Found, Seized and Stolen Property. Attachment 2: Staff Report FISCAL NoTEs Some of the overall costs associated with the new program will be offset by the implementation of fees for reclaiming confiscated items and appeal hearings. OLD \lPr5i CITY OF TIGARD, OREGON CO Lk,\A C l Q I ,� ,, TIGARD CITY COUNCIL CLQ-karcAN ORDINANCE NO. 10- Gntb\, ! `WI AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE CREATING A CHAPTER PERTAINING TO ITEMS ILLEGALLY PLACED IN THE PUBLIC RIGHT OF WAY, TO CLARIFY REQUIREMENTS FOR STORAGE AND DISPOSAL, IMPOSE A FEE FOR RETRIEVAL, AND EXPAND STAFF AUTHORIZED TO HANDLE AND PROCESS ITEMS. WHEREAS, the Citizens of Tigard and the Tigard City Council desire a community that is clean and free from clutter and a public Right -of -Way (ROW) that is safe from obstructions and available for the use it was designed for; and WHEREAS, past practices employed to meet these desires and eliminate items illegally located in the public ROW have been largely unsuccessful; and WHEREAS, the Council desires to create a process that includes a deterrent for illegal placement of items in the public ROW; and WHEREAS, the Tigard Municipal Code (TMC) does not sufficiently address confiscation, storage, and disposal of personal property confiscated from the ROW; and WHEREAS, the Community Development Director, as directed by the Tigard City Council, initiated the proposed code amendment to the TMC to expand and clarify confiscation, storage, retrieval, and disposal of materials illegally placed in the ROW and to charge a reclaiming fee for confiscated items that the owners would like to retrieve; and WHEREAS, the Tigard City Council held a Executive Session on October 27, 2009 to review issues associated with current code language addressing materials illegally placed in the public Right -of -Way (ROW); and WHEREAS, the Tigard City Council held a Workshop on February 16, 2010 to consider staff recommendations for new policy and code language pertaining to materials illegally placed in the public ROW and associated reclaiming fees; and WHEREAS, Tigard City Council determined on February 16, 2010 that the proposed policy and code amendment is consistent with overall City goals for cleanliness and safety while still protecting personal property rights; and ORDINANCE No. 10- Page 1 WHEREAS, the City Council directed staff to draft appropriate code language and a new policy pertaining to confiscation, storage, and disposal of items illegally located in the public ROW for review at the March 23, 2010 Business Meeting; and WHEREAS, the proposed code amendment substantively amends the TMC by determining maximum storage time requirements, notice requirements, and disposal and repurpose options for materials confiscated from the public ROW; and WHEREAS, the proposed code amendment substantively amends the TMC to allow any City of Tigard representative in any department to confiscate, store, process, and dispose of materials illegally placed in the public ROW; and WHEREAS, Tigard City Council determined on February 16, 2010 that implementing a reclaiming fee to recover City costs incurred by confiscation, storage, handling, and disposal of materials illegally placed in the public ROW was prudent and fiducially responsible; and WHEREAS, the proposed code amendment substantively amends the TMC to allow implementation of fees for reclaiming materials confiscated from the public ROW; and WHEREAS, the City Council reviewed the cost to the City of confiscation of signs, the cost of replacing confiscated signs, and the policies of other jurisdictions in the Portland Metropolitan area to determine an initial fee for reclaiming confiscated A -Board and Lawn signs particularly; and WHEREAS, the City Council determined that appropriate reclaiming fees for confiscated materials and signs other than A -board or Lawn type signs shall be different and appropriate to the size and relative perceived value of the confiscated item; and WHEREAS, the City Council approved allocation of funds, space, and resources necessary to construct a secured area for storage of confiscated materials. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: A new Chapter to the Tigard Municipal Code, entitled Chapter 7.61 Property in the Right -of -Way, as shown by Exhibit A to this Ordinance is hereby approved and adopted by the Tigard City Council. SECTION 2: Amendments to the Tigard Municipal Code Chapter 2.62 Abandoned, Found, Seized and Stolen Property, as shown by Exhibit B to this Ordinance, are hereby approved and adopted by the Tigard City Council. SECTION 3: The City Council has set an initial fee for reclaiming A -Board and Lawn signs at $40 and directed the Community Development Director to implement and update this fee as needed on the Master Fee Schedule through standard procedures. ORDINANCE No. 10- Page 2 SECTION 4: The staff research and report to the Tigard City Council and minutes of the February 16, 2010 and March 23, 2010 meetings are hereby adopted in explanation of the Council's decision. SECTION 5: This ordinance shall be effective July 1, 2010, after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2010. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2010. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 10- Page 3 Attachment 2 CITY OF TIGARD, OREGON STAFF REPORT Confiscation, Storage, Handling, Disposal, and Fee for Retrieval of Items Illegally in the Public Right -Of -Way Hearing Date: March 23, 2010 Introduction: Items illegally placed in the public Right -of -Way (ROW), such as signs, furniture, and play equipment cause clutter 4 I and potential safety hazards and have long been a concern for the Tigard City Council. Past efforts to eliminate existing violations and 4 % prevent new violations by providing community outreach and education have proven ineffective. Facing this continued problem, „4 _ "1 ,_ the City Council directed staff to research options for a new strategy f • : - in the prevention and elimination of illegal use of the ROW. This iL J staff report summarizes and describes the information presented to �` j the City Council and their subsequent directive to establish a new .i4 1 ' policy pertaining to items illegally placed in the ROW. Background: Over the years, the City of Tigard has tried many different approaches to manage the problem of items illegally placed in the ROW, most commonly signs. Methods included public information, outreach activities, enforcement efforts, and changes to the Tigard Municipal Code (TMC) in January 2004. For many years, staff removed illegal signs and then allowed reclaiming of those signs without a fee. This practice required significant staff time and was found to be ineffective as a deterrent to placing items illegally in the ROW. With staff limitations, and an increasing illegal sign problem, a new approach was initiated in 2008. In April 2008 the City of Tigard began removing signs in, or obstructing, the public ROW and immediately disposing of them. One year later, the Portland Metropolitan ,0 i 'Tsr Association of Realtors (PMAR) contacted the City of Tigard about this policy. In researching PMAR's concerns about "unlawful destruction of private property," STOP ` % staff found that the "seize and dispose" procedure in effect was not explicitly rte: supported by the TMC and was potentially in conflict with due process standards. k ' \ With the discovery of these issues, the City of Tigard stopped the "seize and r dispose" practice. Direction by City Council: In the October 27, 2009 Executive Session, M Tigard City Council directed staff to begin developing a new approach. In this new approach, Council indicated that a fee for reclaiming confiscated materials y.- and signs which would help recoup some portion of the City's cost in removing them should be included. Page 1 of 2 Attachment 2 Research: Broad research and analysis was undertaken by City staff before proposing a policy and TMC revisions. I (1) Confiscation policies in other jurisdictions were compiled through a "- broadcast survey which revealed that all 15 of the responding jurisdictions confiscated items illegally placed in the ROW, and 5 of those already, charged a reclaiming fee. - . . n (2) Estimated City costs for confiscation, documentation, notification, , A Lt F "..4.---!'" processing, handling, and disposal of materials illegally placed in the "` a5 ROW were assessed by breaking down each step in the proposed new policy into time increments. When all steps were calculated, the average cost in City staff time per item confiscated was $86.16. (3) Average costs to purchase signs were determined through a survey of 9 online sign companies which showed that Lawn signs ranged from approximately $5.03 to $43.19, and A -board type signs ranged from approximately $35.00 to $137.19. (4) A variety of fee structures were compared with City costs and sign replacement costs before a proposed initial $40 fee was determined. (5) Potential amendments to the Tigard Municipal Code were identified. (6) Due process issues were acknowledged and included notice and documentation requirements, rights to reclaim confiscated property, secure storage needs, and disposal options. Details of these results were presented to the City Council at the February 16, 2010 Workshop Meeting. Outcome: After review of staff research and recommendations, Council directed staff to draft an ordinance revising the TMC to make amendments needed for implementation of a new confiscation, storage, reclaiming, and disposal policy including a fee for the essoo .' '-, rs °K. '- - .'' reclaiming of materials illegally placed in the public ROW. Council Opp "'"A'47-'1,,,k e � 6► s8 :4.1 4/t - - � o �_ �o1•y additio directed the reclaiming fee for confiscated A -board and wu�.. f „° i� O �` - MM - ' E Lawn signs be initially set at $40, and the Community Development G A CO ,' RS ' ie-u Director or designee would, as needed, establish appropriate � (�.. • ao $1500 MO rt n f q4; .s aouw,S F un. PP ro P 9� %,n-635 i tai 0 -.� .-. reclaiming fees for other type of signs and items confiscated from the re d,. ' s pt��,� " ROW, and also a fee for appeal hearings. Council directed staff to V •f 4 O1 y_ bring this information to the March 23, 2010 Business Meeting for - s' - 4, �a - • their consideration and adoption. Page2of2 P M /\\ R t PORTLAND METROPOLITAN _3, ...I 3_/ - (ut/Z ASSOCIATION OF REALTORS' S i RECEIVE 9be�, da March 18, 2010 �� �.,,� MAR 2 2 2010 II Craig Dirksen, Mayor City of Tigard City of Tigard Administration 13125 SW Hall Blvd Tigard, OR 97223 Re: City of Tigard's Ordinance to Adopt New Municipal Code Chapter 7.61 Property In The Right -Of -Way and to Revise Chapter 2.52 Abandoned, Found, Seized and Stolen Property. Dear Mayor Dirksen. On behalf of the more than 6,300 members of the Portland Metropolitan Association of Realtors (PMAR), I am writing to express our appreciation to the City of Tigard's Communications Development Department and the City Council for their combined efforts to address PMAR's concerns with respect to the city's internal sign code enforcement policy allowing for the immediate disposal of confiscated signs. We applaud the City in its effort to develop a reasonable means by which owners of all confiscated property will now be able to retrieve such from the city and for putting in place an additional opportunity in which to educate its citizens, as well as those who conduct business on behalf of its citizens, regarding the municipal code. PMAR has the following comments, questions and concerns with respect to the proposed Ordinance and accompanying documentation: Chapter 7.61 — Property In The Riqht -Of -Way Item 1: Section 7.61.010 — Definitions Subsection A.3: "City Manager" means the City Manager or any designee of the City Manager, and Section 7.61.025A — City A..th to Remove-Notice Peryu i remYme rea The City Manager i confiscate any sign in violation of Section 7.61.015 and any abandoned personal property in violation of Section 7.61.020 without prior notice. Comment: During the February 16, 2010, City Council Work Session, staff noted a necessity and responsibility for any individual so deputized by the City Manager to enforce the City's municipal code to be appropriately trained (and maintain such training) with respect to all sign code regulations, set -backs and right -of -ways throughout the city. PMAR supports such training so as to avoid having any employee and/or other representative of the City, regardless of best intentions and desire to enforce and /or educate. being in a position where they have removed private property without proper authorization and education. Question: Should Council request that the City Manager develop a written policy for such a designation and prerequisite training? 825 NE Multnomah, Suite 1145; Portland, OR 97232 CP Main: 503.228.6595 Fax: 503.228.4170 www.pmar.org Craig Dirksen, Mayor City of Tigard March 18, 2010 Page 2 of 2 Item 2: Section 7.61.015 B. reads: The owner(s) of a sign in violation of this Chapter shall be responsible for any and all costs associated with the disposition of the sign. Comment: This language suggests if the opportunity to retrieve a confiscated A -board or Lawn sign has been missed by the owner, they would then be subjected to an additional "fine." Question: Is it Council's intent to impose such a fine? If yes, should not those fines also be included within the City Manager's written policy and the dollar amount of the fines be disclosed for the benefit of citizens and those who conduct business on their behalf (e.g. Painters, Roofers, Landscape Designers, Realtors ® , etc.)? The Portland Metropolitan Association of Realtors is a professional association serving the real estate industry. Its mission is to provide services, products and programs that will enhance its members' ability to conduct their real estate business ethically and competently, to advocate and protect private property rights, and to promote the real estate profession. PMAR represents and serves individuals in all facets of the real estate industry. .ficerely yours, Daryl Winand Governmental Affairs Specialist Cc: Nick Wilson, Council President Gretchen Buehner, Councilor Marland Henderson, Councilor Sydney Sherwood, Councilor Craig Prosser, City Manager David Tangvald, 2010 PMAR President Steve Lucas, 2010 PMAR Vice - President of Governmental Affairs Kathy Querin, PMAR Chief Executive Officer Jane Leo, PMAR Governmental Affairs Director P M /X‘ I-� ►� PORTLAND METROPOLITAN 3 a3 / - [�1.�,i r. ASSOCIATION OF REALTORS S �; RECEIVE ` dQ March 18, 2010 MAR 2 2 2010 462 Craig Dirksen, Mayor City of Tigard City of Tigard Administration 13125 SW Hall Blvd Tigard, OR 97223 Re: City of Tigard's Ordinance to Adopt New Municipal Code Chapter 7.61 Property In The Right -Of -Way and to Revise Chapter 2.52 Abandoned, Found, Seized and Stolen Property. Dear Mayor Dirksen, On behalf of the more than 6,300 members of the Portland Metropolitan Association of Realtors (PMAR), 1 am writing to express our appreciation to the City of Tigard's Communications Development Department and the City Council for their combined efforts to address PMAR's concerns with respect to the city's internal sign code enforcement policy allowing for the immediate disposal of confiscated signs. We applaud the City in its effort to develop a reasonable means by which owners of all confiscated property will now be able to retrieve such from the city and for putting in place an additional opportunity in which to educate its citizens, as well as those who conduct business on behalf of its citizens, regarding the municipal code. PMAR has the following comments, questions and concerns with respect to the proposed Ordinance and accompanying documentation: Chapter 7.61 - Property In The Right -Of -Way Item 1: Section 7.61.010 - Definitions Subsection A.3: "City Manager" means the City Manager or any designee of the City Manager, and Section 7.61.025A - City Authority to .Remove - Notice Requirements reads: The City Manager may confiscate any sign in violation of Section 7.61.015 and any abandoned personal property in violation of Section 7.61.020 without prior notice. Comment: During the February 16, 2010, City Council Work Session, staff noted a necessity and responsibility for any individual so deputized by the City Manager to enforce the City's municipal code to be appropriately trained (and maintain such training) with respect to all sign code regulations, set -backs and right -of -ways throughout the city. PMAR supports such training so as to avoid having any employee and /or other representative of the City, regardless of,best intentions and desire to enforce and /or educate, .being in a position where they have removed private property without proper authorization and education. • Question: Should Council request that the City Manager develop a written policy for such a designation and prerequisite training? 825 NE Multnomah, Suite 1145; Portland. OR 97232 CP Main: 503.228.6595 Fax 503.228.4170 www.pmar.org Craig Dirksen, Mayor City of Tigard March 18, 2010 Page 2 of 2 Item 2: Section 7.61.015 B. reads: The owner(s) of a sign in violation of this Chapter shall be responsible for any and all costs associated with the disposition of the sign. Comment: This language suggests if the opportunity to retrieve a confiscated A -board or Lawn sign has been missed by the owner, they would then be subjected to an additional "fine." Question: Is it Council's intent to impose such a fine? If yes, should not those fines also be included within the City Manager's written policy and the dollar amount of the fines be disclosed for the benefit of citizens and those who conduct business on their behalf (e.g. Painters, Roofers, Landscape Designers, Realtors ® , etc.)? The Portland Metropolitan Association of Realtors is a professional association serving the real estate industry. Its mission is to provide services, products and programs that will enhance its members' ability to conduct their real estate business ethically and competently, to advocate and protect private property rights, and to promote the real estate profession. PMAR represents and serves individuals in all facets of the real estate industry. cer-ly yours, 1* Daryl Winand Governmental Affairs Specialist Cc: Nick Wilson, Council President Gretchen Buehner, Councilor Marland Henderson, Councilor Sydney Sherwood, Councilor Craig Prosser, City Manager David Tangvald, 2010 PMAR President Steve Lucas, 2010 PMAR Vice- President of Governmental Affairs Kathy Querin, PMAR Chief Executive Officer Jane Leo, PMAR Governmental Affairs Director 1 Agenda Item # .! Meeting Date 3/23/10 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Review of 2010 Oregon Legislative Special Session and analysis of adopted legislation impacting cities. }� Prepared By: Kent Wyatt Dept Head Approval: AL City Mgr Approval: ISSUE BEFORE THE COUNCIL To what extent does adopted legislation impact cities? STAFF RECOMMENDATION Review pertinent legislation and discuss potential impact on city services. KEY FACTS AND INFORMATION SUMMARY The League of Oregon Cities and city staff identified preemption of local revenue sources as the main legislative priority. The passage of Measure 66 and Measure 67 eliminated most of the State's $700 million shortfall, and therefore preemptively thwarted discussion of decreasing the local government portion of state shared revenues. During the month -long session, staff provided weekly updates to Sen. Burdick and Rep. Doherty outlining Tigard's position on relevant legislation. It does not appear that any of the promulgated legislation will have a substantial impact on Tigard. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS City Council's legislative priorities are discussed. ATTACHMENT LIST Attachment A: Review of 2010 Oregon Legislative Special Session FISCAL NOTES City of Tigard TIGARD Memorandum To: Mayor Dirksen and Councilors From: Kent Wyatt, Management Analyst Re: Review of 2010 Oregon Legislative Special Session Date: March 11, 2010 The 2010 Oregon Legislative Special Session had a minimal impact on Tigard. The main concern of cities before the session was speculation that legislators would decrease the local government share of state- shared revenue to fill budget shortfalls. However, the passage of Measure 66 and 67 eliminated these concerns. In sum, 215 measures were introduced; 130 were passed by the Senate; and 123 were approved by the House. A few items of note are: ✓ HB 3617 Special Districts permits existing special districts or county service districts, in areas that become incorporated, to continue to provide services if continuation is approved by voters in incorporation election. ✓ HB 3640 Property Tax applies to Multnomah, Clackamas, Washington, and Lane Counties only, and cancels taxes on manufactured structures taxed as personal property, if the assessed value is less than $12,500 (indexed). ✓ HB 3673 Recreational Immunity provides landowner who charges a fee for a particular recreational purpose in a specific part of the land retains immunity for other activities or other parts of the land if it provides reasonable notice of the area or activity it covers and what the immunities are. ✓ SJR 41 Annual Legislative Session allows Oregon voters to cast their ballots on a measure that calls for annual sessions of the Oregon Legislature. SB 1050 Buy America was not acted upon during the Special Session. A workgroup was formed to deal with the many issues. Concerns were raised about the cost, difficulties with administration, how to define an American made product, potential international trade issues, and overlap with federal laws. Agenda Item # Meeting Date March 23, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Annual Review of Mayor's Regional Liaison Activities J'J / Prepared By: Cath ept Head Approval: /, CM C� / J� City Mgr Approval: v t ( r t Y ISSUE BEFORE THE COUNCIL Report from Mayor Dirksen on Regional Liaison Activities. STAFF RECOMMENDATION Hear report and give feedback to the Mayor. KEY FACTS AND INFORMATION SUMMARY Resolution No. 08 -63 established the current rate for City Council stipends. The resolution enumerated additional assignments over and above the customary assignments for the Mayor. It was stated in the resolution that these assignments would require an average of 20 hours each week during business hours for which the Mayor would receive an annual stipend of $42,000. The Mayor submits a Mayoral Time Record summary to the City Council each month. The Mayor also reports information on events relating to his liaison activities and asks for City Council input during regular City Council meetings when needed. Last year the Mayor gave an annual report of his activities in March and he will provide his second annual update to the City Council and Tigard citizens during the March 23, 2010, City Council business meeting. OTHER ALTERNATIVES CONSIDERED N/A .CITY COUNCIL GOALS Goal 4. Advance Methods of Communication a. External: Develop communication strategy and methods in support of City goals. ATTACHMENT LIST Resolution No. 08 -63 FISCAL NOTES N/A 1: \ Citywide \Council Packets \ Packet '10 \ 100323 \ Annual Report from Mayor.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 08- 693 A RESOLUTION ESTABLISHING CITY COUNCIL MEMBER STIPENDS, SUPERSEDING RESOLUTION NO. 99-50 WHEREAS, the City Council is charged by City Charter Section 11 and by the Municipal Code Section 2.44.010 with responsibility to set annually the amount of compensation for the appointed or elected officers of the City; and WHEREAS, the Council Service Task Force studied the matter and recommended additional compensation for an elected official in the amount authorized in the Resolution; and WHEREAS, the City Council discussed the recommendation on June 3, 2008, held a Public Hearing on July 8, 2008, and reviewed a proposal for additional responsibilities and stipend for the Mayor on September 23, 2008; and WHEREAS, the City Budget, established by the Budget Committee and the City Council includes amounts for compensation for Council Members and the Mayor; and WHEREAS, the City Council has agreed on the expectations that it has for the Mayor and its Members as well as the compensation and benefits to be established for the Mayor and Council Members; and WHEREAS, the City Council recognized that for the next year there will be important duties over and above regular City Council duties and liaison assignments, including: Attendance at meetings of committees, governmental bodies and stakeholders relating to regional transportation decisions, including light rail alignments; and the regular involvement of an elected official to connect with business and property owners in the implementation of the Downtown Plan. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The annual stipend for the Council Members, other than the Mayor, shall be $4,200 (5350 per month). SECTION 2: The Mayor and Council are eligible to participate in the City's health insurance benefit plans offered to City employees. SECTION 3: Council Members, including the Mayor, are expected to abide by the Council Rules, and make best efforts to attend City Council meetings, and perform liaison, committee, board and other responsibilities assigned by the City Council. SECTION 4: The annual stipend for the Mayor shall be $42,000. It is the expectation of the City Council that the assignments given to the Mayor, over and above the usual and customary assignments, described in Section 5 described below, will require an average of twenty (20) hours each week during business hours. RESOLUTION NO. 08 - ( Page 1 5&J 1 d -36799 Sirnc nr_snluHno 9 Milli In dnrlA(SOfrr/10 /7/7008 SECTION 5: The City Council priorities for the Mayor include the following responsibilities: a. Serve as the primary City Council liaison to the City's Transportation Consultant. b. Serve as the City's primary representative on transportation matters in the region. c. Meet regularly with representatives of Washington County, Metro, and Tri -met on issues including transportation finding. d. Represent the City at the State Legislature on Transportation funding and issues including holding regular meetings with the City's legislative delegation. e. Represent the City at the Joint Policy Advisory Committee on Transportation (JPACT), Metro Policy Advisory Committee (MPAC) and Washington County Coordinating Committee (WCCC). f. Represent the City at the federal level on transportation funding and issues including contacts with the City's congressional delegation Locally and in Washington DC. g. Represent the City Council to downtown business and property owners and prospective business and property owners on the implementation of the downtown plan. h. Perform other tasks as deemed appropriate by the Mayor and City Council members. The Mayor shall submit monthly reports to the members of the Committee summarizing activities and reporting on issues, including describing meetings, contracts, outcomes and time required for each area of activity. SECTION 6: Renewal of the provisions of this resolution pertaining to the additional responsibilities and compensation for the Mayor shall be deliberated during the City's Budget process each fiscal year. SECTION 7: Consideration on the amount of compensation and benefits to City Council members shall be deliberated during the Budget process for each fiscal year. RESOLUTION NO. 08 - (, Page 2 50014.36799 Stipend Resolution 9 16 08 (2).doeMSOfficd10/7 /2008 SECTION 8: This resolution is effective immediately upon passage. PASSED: This I 1 day of - AbIA_ , 2008. r C1 ncil Pre /. ent, City of Tigard ATTEST: .0. '/ <' City Record er — City of Tigard I:W DMICatfiy \PROJECTS1Council Service Task Force 2008\Stipend Resolution 0 26 08 (2).doc RESOLUTION NO. 08 - Page 3 50014.36799 Stiperzd Resolution 9 26 08 (2).dorUfSO re/10/7 /2008 �f Gt - ete. F — 2010 Half -time Mayor Review Last year, the first year of having a half -time Mayor, was a time to create relationships and try to define Tigard's place in the Metro order of things. This year we have had the opportunity to use that place, and the rightful attention that Tigard has gotten as a result, to begin to see some of the fruits of the efforts we have made. As the member of JPACT representing Washington County cities, as well as representing Tigard on the Washington County Coordinating Committee, we were able to have a direct role in the process leading up to the creation of the new Regional Transportation Plan being finalized for consideration by the Metro Council later this spring. I think the proposed plan is much more regionally balanced than past plans and specifically identifies the need to couple the transportation plan to land use planning. As part of that process, we campaigned strongly and were successful in getting the Barbur Blvd /Pacific Highway corridor designated as the next High Capacity Transit Corridor to be constructed after the Milwaukie line (now in planning) is completed. As you know, once confirmed, this will go far in allowing us to achieve our goals for downtown, the Pacific Corridor, and the Tigard Triangle. Largely because of the problems Tigard has had being limited by the Transportation Planning Rule, there have been meaningful discussions between JPACT and ODOT that have lead to a commitment to review the Rule for its applicability inside Urban Growth Boundaries, especially in Centers and Corridors. For instance, one proposal would give a 30% density bonus to areas with a complete multi -modal transportation plan including surface streets, transit, and bike and ped facilities. Being more available during the day has made it possible for me to become more involved with the League of Oregon Cities. Last year I was appointed to the City/State Relationship Task Force, an ad hoc committee created to explore the current relationship between the State government and the cities. A series of 17 regional meetings were conducted around the state as well as our own meetings to evaluate the data. A report of our findings and recommendations was given to the League's Board of Directors, which will result in League policies for administrative changes and recommended legislative actions to address identified problems. I also ran for a seat on the League's board of directors but was unsuccessful. However, I applied for and was appointed to seats on both the League's Transportation Committee and the Community Development Committee, which handles land use planning. Aside from their own importance, membership on them may lead to a more successful attempt at a Board seat in the future. The effort to find a compromise for the I -5/99W connector was unsuccessful. However, that failure freed up funds already allocated for that project. Because of our previous partnership with ODOT on planning for the Pacific Highway Corridor, they are recommending that we receive $3 million of those funds for the reconstruction of the McDonald /Gaarde intersection. Also as a member of JPACT, I just returned from the annual trip to Washington, DC to lobby our Congressional Delegation on regional transportation issues. Because of the timing, I was able to couple that visit with the NLC conference happening the week after, and meet again with our delegation as a representative of the LOC. In addition to those meetings I also secured private meetings with Senator Merkley and Congressman Wu and Senator Wyden's staff where I was able to present the issues specific to us here in Tigard. Specifically, I reinforced the request made by JPACT for an appropriation in 2011 for $2.5 million to help fund the alternatives analysis and environmental analysis for the Barbur /Pacific HCT line, and the need for a new multi -year Federal Transportation Authorization. Aside from transportation, I have been active supporting another important Council goal, parks and open space. Particularly regarding the Fowler Woods property, we have made much progress in assembling the necessary funding in partnership with the Trust for Public Lands. In addition to support from Washington County, Clean Water Services, and our own City funding, we found out just last week that Metro had approved an additional $1 million for the purchase from their Nature In Neighborhoods program. With this we come close to our vision of preserving and restoring this beautiful 40 acre -plus natural area and open space for our residents to enjoy. To me the last year seems like it's been a very successful one for the City. We're really beginning to see our vision for the future coming together. And after years of planning, we even have something tangible happening, both downtown and, at long last, even on Pacific Highway. I'd like to think the extra time I've been able to spend has had something to do with it. Agenda Item # Meeting Date March 23, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Recommendation to Washington County Regarding the Transportation Development Tax Temporary Discount Prepared By: By: A. P. Duenas Dept Head Approval: • City Mgr Approval: 6 ISSUE BEFORE THE COUNCIL (( 6 roe Council is requested to discuss the temporary discount provisions of County Ordinance 729 and make a recommendation to the Washington County Coordinating Committee (WCCC) on whether or not to continue the discount for Fiscal Year (FY) 2010 -11. STAFF RECOMMENDATION That Council discuss the temporary discount and make a recommendation that the Mayor can take to the County Coordinating Committee for consideration at the next Committee meeting scheduled for April 5, 2010. KEY FACTS AND INFORMATION SUMMARY • The Countywide Transportation Development Tax (TDT) was established by County Ordinance 691 -A in September 2008 and enacted by the voters in November 2008. Ordinance 691 -A set a 4 -year phase -in schedule for the new rates with full implementation effective July 1, 2012. • County Ordinance 729 adopted October 20, 2009 modified Ordinance 691 -A by providing a 20% discount to the rates effective December 1, 2009 but retroactive to July 1, 2009, a 10% discount for FY 2010 -11, a 5% discount in FY 2011 -12 and full implementation by July 1, 2012. • Ordinance 729 further required the Board of Commissioners to determine whether or not to implement the discounts stated in the ordinance prior to April 30 of each year from 2010 through 2012. In determining whether to continue or terminate the discount, the Board is to consider 1) a recommendation from the Washington County Coordinating Committee (WCCC); 2) economic conditions; and 3) public interest. The Tigard Mayor represents the City of Tigard on the WCCC. • The WCCC discussed the issue at its meeting on March 1, 2010 and asked its members to consult with their governing bodies and be ready to discuss and decide on a recommendation to the Board at the next Committee meeting scheduled for April 5, 2010. • The attached memorandum from Steve L. Kelley, Senior Planner for Washington County, to the County Coordinating Committee summarizes the issue and appends County Ordinance 729 with attachments for reference. • This agenda item provides the opportunity for Council to discuss the issue and make a recommendation that the Mayor can take to the WCCC for its consideration in making a recommendation to the Board of Commissioners. Memorandum ATTACHMENT To: Washington County Coordinatin Committee From: Steve L Kelley, Senior Planner I / 4 i Date: February 26, 2010 Re: Transportation Development Tax, temporary discount review Last fall, County Ordinance 729 enacted minor housekeeping changes to the TDT, and provided for a temporary discount to the TDT rates — including refunds of TDT paid between July 1, 2009 and December 1, 2009. The temporary discount adjusted the 4 -year phase -in schedule of the TDT. The temporary discounts enacted included: • 20% discount for the first year, retro- active for developments that paid between July 1, and the effective date (December 1, 2009). • 10% discount from July 1, 2010, to June 30, 2011 but otherwise matches the phase -in schedule. • 5% discount from July 1, 2011, to June 30, 2012 but otherwise matches the phase -in schedule. • Discount is discontinued effective July 1, 2012. The effect on a few sample categories is shown on the table below: Land Use Category Unit Current TDT TDT July 1 , 2010 TDT July 1, 2011 (ITE Code) (without discount) (without discount (without discount) TDT July 1, 2012 Single Family $3,679 $5,226 $6,665 Residence (210) /dwelling $8,225 ($4,599) ($5,807) ($7,016) Shopping Center (820) /TSFGLA $4 $6 $8,968 $11,293 ($5,724) ($7,587) ($9,440) Medical Clinic (630) /TSFGFA $9 $13 $18,231 $23,113 ($11,345) ($15,268) ($19,190) Manufacturing $1,374 $1,994 $2,577 Building (140) /TSFGFA $3,210 ($1,718) ($2,215) ($2,713) Office Building (710) /TSFGFA $3 $5 $6,869 $8,632 ($4,428) ($5,829) ($7,230) Table shows revised TDT rates after the Ordinance 729 Discounts, and includes the TDT prior to the discount (in parentheses). 1 • Council is requested to recommend one of the following two options to the WCCC: • Approve the discount (10 %) to be implemented effective July 1, 2010. • Discontinue the discount and revert to the amounts the voters approved as part of the phase -in of the new TDT. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Council Goal: Continue pursuing opportunities to reduce traffic congestion (Long -Term Council Goal) ATTACHMENT LIST Attachment 1: Memorandum dated February 26, 2010 from Steve L. Kelley to the Washington County Coordinating Committee with attachments FISCAL NOTES Development activity during FY 2009 -10 has been slow, and the TDT discount has apparently not been a factor in encouraging developers to begin their projects. Whether it can provide that incentive in FY 2010 -11 remains a question. The TDT is collected by the City through agreement with the County for use on eligible projects within the City. The TDT amounts collected so far have been relatively small and the discount has had a negligible effect on the City's ability to deliver projects. eng \gus \council agenda summaries \2009 \2010 \3 -21.10 recommendation to washington county regarding the temporary tdt discount ais.doc Other key provisions of Ordinance 729 included an annual review, and certain provisions regarding TIF credit recalculations. The annual review provisions are included below: No later than April 30 of each year from 2010 through 2012, the Board of Commissioners shall hold a public hearing to determine whether the TDT discount provided in this Ordinance shall be continued or terminated. In making its determination, the Board shall consider the recommendation of the Washington County Coordinating Committee (WCCC), then- existing economic conditions and the public interest. The Board shall have full policy discretion to make this determination, regardless of the extent of economic recovery, if any. A public hearing on the annual review will be scheduled for Tuesday April 27, 2010. The WCCC recommendation can be made no later than the regularly scheduled April 5, 2010 meeting and still be placed in the Board packet for the April 27 meeting. The Board options on April 27 will include: • Continue the temporary discount as enacted by Ordinance 729. • Discontinue the temporary discount, and allow the full rates as enacted by Ordinance 691 -A. WCCC Transportation Advisory Committee (TAC) recommendation: continue for fiscal year July 1, 2010 through June 30, 2011. No other action has been discussed to date, and Oregon State System Development Charge notification requirements would need to be followed if some other action was to be enacted. The Board may request that staff begin the process of notification and filing for a new Ordinance to amend the TDT at any time. Attached is a copy of Ordinance 729 and exhibits. Ordinance 729 was adopted on October 20, 2009 and effective December 1, 2009. Ordinance 729 modified Ordinance 691 -A, the Countywide Transportation Development Tax (TDT) as adopted by the Board of Commissioners in September 2008, and enacted by the voters in November 2008. Also attached are 3 pages charting economic conditions within Washington County and the State of Oregon. These charts include: • Monthly New Privately -Owned Residential Building Permits for all of Washington County, published by the US Census Bureau. This graphic shows residential building permit activity over the last decade. The light line graphs the raw monthly data, while darker line tracks the average of the prior 12 months of data. • Washington County Economic Indicators, published in December 2009 by Worksource Oregon, for the period from January 2006 through July 2009. Indicators include Employment Growth, Unemployment Rate, Median Housing Price and US CPI Inflation. • Index of Leading Indicators, published in November 2009 by the Oregon Office of Economic Analysis. This index describes important economic trends statewide and is useful for a picture of how the state economic trend is moving or is expected to be moving. Based on this information, and experience at each jurisdiction regarding non - residential building activity, the WCCC may want to consider a recommendation to the Board of County Commissioners at either the March or April meeting. Also note that the TIF annual increase will need to be discussed at the April WCCC meeting. The TIF continues to apply to developments within the transition provisions the TDT Ordinance (691 -A). The TIF requires the Board to consider the Oregon Construction Cost Index for 2009, however this index is not available at this time. The TDT index is also being tracked along with the TIF increase. The TDT composite index also relies partly upon the Oregon Construction Cost Index. 2 FILED 1 IN THE BOARD OF COUNTY COMMISSIONERS SEP 3 2009 2 Washington County , FOR WASHINGTON COUNTY, OREGON County Clerk 3 4 An Ordinance Amending Washington County ORDINANCE 729 Ordinance 691 -A, Providing for a Temporary 5 Discount to the Transportation Development Tax, and Declaring an Effective Date. 6 ( 7 The Board of County Commissioners of Washington County, Oregon, ordains: 8 SECTION 1. PURPOSE AND FINDINGS 9 A. Ordinance 691 -A, the Countywide Transportation Development Tax (TDT) was 10 enacted by the voters in November, 2008, and took effect July 1, 2009. The TDT 11 amended Washington County Code Chapter 3.17, the Transportation Impact Fee, 12 adopted a new methodology, capital improvement plan, and administrative 13 provisions. 14 B. Since the TDT was approved by the voters, economic conditions have changed, 15 and it is appropriate to adopt a temporary discount to the TDT in light of these 16 conditions, and subject to further action of the Board, including termination of the 17 discount as provided in Exhibit A hereto. 18 C. As a further incentive to development during the economic downturn, the Board 1 desires to allow for certain existing Traffic Impact Fee (TIF) credits to be 20 recalculated under the TDT. ( 21 D. It is necessary and desirable to enact minor housekeeping changes to the TDT that 2 do not increase the level of the tax or reduce exemptions from the tax. Page 1 — ORDINANCE No. 729 WASHINGTON COUNTY COUNSEL 155 N. Fatsr AVENUE, SurrE 340 - MS #24 HILLSBORO, OR 97124 PHONE (503) 846 -8747 - Fax (503) 846 -8636 • 1 SECTION 2. ENACTMENT • , 2 The Board, having received the recommendation of the Washington County Coordinating 3 .Committee, and the Department of Land Use and Transportation, conducted a _public hearing_on 4 this proposed Ordinance, and being fully informed thereon, hereby adopts the amendments to the 5 Transportation Development Tax, Ordinance 691 -A- Engrossed set forth in Exhibit 'A' hereto, 6 and incorporated by this reference herein. New matter is underlined. 7 SECTION 3. ADOPTION OF APPENDIX 8 Appendix A, "Transportation Development Tax Temporary Discount Methodology 9 Report ", dated October 20, 2009; attached hereto and incorporated herein, is hereby adopted. 10 SECTION 4. SEVERANCE 11 If any portion of this Ordinance, including its Exhibits and Appendices, shall for any 12 reason be declared invalid or unconstitutional by an authority of competent jurisdiction, the 13 remainder shall not be affected thereby and shall remain in full force and effect, and any 14 provision of a prior Ordinance amended or repealed by the stricken portion of this Ordinance 15 shall be revived and again be considered in full force and effect. 16 SECTION 5. IMPLEMENTATION 17 The Office of County Counsel is authorized to prepare documents to reflect the changes 18 adopted under this Ordinance, including deleting and adding textual material, renumbering pages 19 or sections, and making any technical changes not affecting the substance of these amendments 20 as necessary to codify this Ordinance into the Washington County Code. 21 /// 22 /// Page 2 — ORDINANCE No. 729 WASHINGTON COUNTY COUNSEL 155 N. FItsr AVENUE, SurrE 340 -- MS #24 HILISBORO, OR 97124 PHONE (503) 546 -8747 - FAx (503) 846 -8636 • 1 SECTION 6. EFFECTIVE DATE 2 This Ordinance shall take effect at 12:01 a.m., December 1, 2009. 3 Enacted this day of , 2009, beinp reading _.. 4 and the public hearing before the Board of County Commissioners of Washington 5 County, Oregon. 6 BOARD OF COUNTY COMMISSIONERS 7 FOR WASHINGTON COUNTY, OREGON 8 9 CHAIRMAN 10 11 RECORDING SECRETARY 12 13 READING PUBLIC HEARING 14 First First Second Second 15 Third Third Fourth Fourth 16 Fifth Fifth Sixth Sixth 17 Seventh Seventh Eighth Eighth 18 Ninth Ninth 19 VOTE: Aye: Nay: 20 21 Recording Secretary: Date: • 22 Page 3 — ORDINANCE No. 729 WASHINGTON COUNTY COUNSEL 155 N. FIRST AVENUE, SurrE 340 - MS #24 HILISBORO,. OR 97124 PHONE (503) 846 -8747 - FAX (503) 846 -8636 Exhibit A Ordinance 729 Pagel of 2 EXHIBIT A TO ORDINANCE 729 Exhibit A to Ordinance 691 -A is hereby modified as follows: 1. Section 3.17.080 is amended to add: "K. TIF credits shall be valid to satisfy TDT obligations, subject to the original credit expiration date." 2. Add Section 3.17.115 to read as follows: "3.17.115 Refunds - Temporary Discount. A. Refunds of the TDT under this . section may be made upon initiation of the Director or upon written application filed with the Director. When an applicant has paid the TDT as prescribed in Ordinance 691 -A between July 1, 2009, and the effective date of this Ordinance, the applicant shall be eligible for a refund of the difference between the amount paid, and the amount that would have been charged pursuant to Appendix A hereto for the subject development. B. No refund shall be issued for amounts incurred but not yet paid based on a deferral or Bancroft agreement. TDTs subject to deferral or Bancroft agreement shall be recalculated based on the applicable discount rate. C. Refunds under this section shall not include the amount of any TDT obligation that was satisfied by redemption of TIF or TDT credits. No interest shall accrue on refunds. The jurisdiction may charge a fee for calculating and processing a refund or recalculation. No refund shall be due under this section for any application received after March 31, 2010." 3. Add Section 3.17.170 to read as follows: "3.17.170 TDT Temporary Discount A. The TDT rates established in Ordinance 691 -A- Engrossed, and set forth in Appendix B thereto, while remaining in full force and effect, shall be subject to a temporary discount as provided in Appendix A hereto, provided however: No later than April 30 of each year from 2010 through 2012, the Board of Commissioners shall hold a public hearing to determine whether the TDT discount provided in this Ordinance shall be continued or terminated. In making its determination, the Board shall consider the recommendation of the Washington_County Coordinating Committee (WCCC), then - existing economic conditions and the public interest. The Board shall have full policy discretion to make this determination, regardless of the extent of economic recovery, if any. If the Board determines that the TDT discount shall be terminated, it shall so declare by order, and the TDT discount under this Ordinance shall be terminated effective July 1 of that year. If the Board determines that the TDT discount shall be continued, it shall so declare by order, and the TDT discount shall be continued, effective July 1 for the next fiscal year. The County shall provide a copy of the Board's order to all cities that collect the TDT. Exhibit A Ordinance 729 Page2of2 B. During the discount period, TDT shall be calculated as provided under Ordinance 691 -A, but subject to the temporary rate discount set forth in Appendix A to this Ordinance. pages 4 and 5, "Discount Schedule ". ! i C. In no event shall a discount be granted for any TDT due or paid on or after July 1, 2012, except for amounts paid under a Bancroft agreement executed before that date. On or after ti�at dat- or suci - i earlier date as - the Boaratermina #es the - iscounTunder tliis section t1�e TDT - - -- shall be determined under Ordinance 691 -A, without regard to any discount under this Ordinance." 4. Add Section 3.17.180 as follows: "3.17.180 TIF Credit Recalculation A. An applicant issued TIF credits between January 1, 2007 and July 1, 2009 for a residential development not subject to the transition provisions of Ordinance 691 -A, section 3.17.160C(1) may request recalculation of existing TIF credits according to the rules and procedures of the TDT under Ordinance 691 -A. The city or county may charge an administrative fee for the cost of analysis and review of a TIF credit recalculation. If the jurisdiction approves the recalculation, it shall note the increased credit on the voucher, and provide a copy to the applicant. B. A request for TIF credit recalculation shall be in writing and shall be made no later than March 31, 2010. Credit recalculation under this section shall not be the basis for a TIF or TDT refund, and shall not extend the expiration date of the credit." • Appendix A Ordinance 729 October 20, 2009 APPENDIX A • WASHINGTON COUNTY Transportation Development Tax Temporary Discount Methodology Report Page 1 of 6 Appendix A Ordinance 729 October 20, 2009 WASHINGTON COUNTY Transportation Development Tax TemporaryiNscoubriViethodblogy - Report - - 1.0 BACKGROUND AND INTRODUCTION Ordinance 691 -A enacted the Transportation Development Tax (TDT), was adopted by the voters of Washington County in November, 2008, and took effect j July 1, 2009. Due to economic conditions, the Board of Commissioners considered a temporary discount to the TDT. Because the TDT is adopted as a countywide tax and a System Development Charge (SDC) under ORS Chapter 223, a modification to the charge requires a modification to the methodology. 2.0 TDT METHODOLOGY AND TEMPORARY DISCOUNT METHODOLOGY The TDT methodology, consisting of Appendix A to Ordinance 691 -A, is hereby incorporated by reference. The TDT methodology is hereby amended to add the following: Temporary Discount Schedule The discount schedule applies temporary discounts to reduce the TDT rates during the phase -in period, subject to Board approval in this Ordinance. The following is a summary of the discount schedule: • 20% discount for the first year, between July 1, 2009 and June 30, 2010; retro- active for developments that pay the full TDT between July 1, 2009, and the effective date of this Ordinance. • 10% discount between July 1, 2010 and June 30, 2011. • 5% discount between July 1, 2011, and June 30, 2012. • Discount is discontinued effective July 1, 2012. Table 11 displays the discount schedule for the adopted TDT Rates. Columns 1 through 3 restate the ITE land use codes and categories. Column 4 restates the TDT rates from Table 10 for 7/1/2009 through 6/30/2010, prior to the discount. Column 5 displays the discount rates through 6/30/2010 after the discount of 20% is applied. Column 6 restates the TDT from Table 10 for 7/1/2010 through 6/30/2011 prior to the discount. Column 7 displays the discount rates for 7/1/2010 through 6/30/2011 after the 10% discount is applied. Column 8 restates the TDT from Table 10 for 7/1/2011 through 6/30/2012 prior to the discount. Column 9 displays the discount rates for 7/1/2011 through 6/30/2012 after the 5% discount is applied. Column 10 restates the TDT from Table 10 for 7/1/2012 through 6/30/2013. Page 2 of 5 Appendix A Ordinance 729 October 20, 2009 The discount schedule accounts for the automatic increases of TDT annually during the phase in period. The following formulas were used to calculate the rates shown in table 11. Rates through 613012010, Discount (20 %) TDT Discount 11/20/2009 7/1/2009 * 0.6 - 6/30/2010 Rate Rate Rates 7/1/2010 through 6/3012011, Discount (10 %) TDT Discount 7/1/2010 - 7/1/2010 * 0.9 = 6/30/2011 Rate Rate Rates 7/1/2011 through 6/30/2012, Discount (5 %) TDT Discount 7/1/2011 - 7/1/2011 * 0.95 = 6/30/2012 Rate Rate • l r Page 3 of 5 Appendix A Ordinance 729 TABLE 11 October 20, 2009 . DISCOUNT SCHEDULE Column 1 Column 2 Cokrro 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10 Rates through Rates 7/1/2010 - Rates 7/1/2011 - 6/30/2010 6/30/2011 6/30/2012 Rates ITE TDT Prior to With 20' TDT Prior -to With 10% TDT Prior to With 5% 7/1/2012 - I. .._..._tand_Use_Catcgory _ C47de DIs1Jnt__ Disco5rnt__Di .t. tat -_Diseeunt. _..Discount____ Discount_ __6130120.13...._.__.._ Residential Single Family Detached 210 /dive/ling unit $4,599 $3,679 35,807 55,227 37,016 $6,665 38,225 Apartment 220 /dwelling unit 32,896 32,317 33,724 33,352 34,553 34,325 35,381 • Residential Condomuniurn/Tawnhouso 230 /dwelling unit 32,717 52,174 33.451 33,106 54,185 33,976 $4,919 Manufactured Housing (In Park) 240 / dwelling unlit $2,252 51,801 52,873 32,586 33,494 $3,320 34,116 Assisted Living 254 /bed $1,474 $1,180 31,830 $1,647 52,186 32,077 32,542 • Continuing Care Retirement 255 /unit $1,482 51,185 31,845 51,660 32,208 32,097 32,571 Recreational Park 411 /acre 3732 3585 3948 $853 31,163 31,105 $1,379 Golf Course 430 !hole $7,129 35,703 39,625 58,663 $12,122 $11,516 $14,619 Gott Driving Range 432 /tee $6,366 35,093 38,099 57,289 39,833 39,342 311,567 Multipurpose RecreationaVArcade 435 (T.S.F.G.F.A. 51,256 51,005 31,696 31,526 $2,136 32,029 32,575 Bowling Alley 437 /lane $408 3327 $551 5496 $694 $659 3837 Muttlplex Moyle Theater 445 /screen $60,422 $48,337 378,784 570,906 397,146 $92,289 5115,509 Heatlh/Fltness Club 492 /T.S.F.G.FA. 53.950 33,160 35,333 $4,800 56,716 36,380 38,099 Recreation/Community Center 495 /T.S.F.G.FA. 34,658 $3,726 $6,289 35,660 $7,921 37,524 39,552 I nstttutio nal /Medical Elementary School (Public) 520 /student 3208 3166 $271 3244 $333 $317 3396 • Middle/Junior High School (Public) 522 /student 3222 3177 $298 3268 $374 3355 $450 High School (Pubic) 530 /studer,1 3302 3241 5407 5367 3513 5487 5619 Private School (K -12) 536 /student 5224 5179 3302 $272 5380 3361 5458 Junior College 540 /student $326 5261 5433 3389 3540 5513 5647 University /College 550 /student 3523 $418 5706 3636 $889 3845 31,073 • Church 560 IT.S.F.G.FA $1,982 $1,586 $2,457 $2,211 32,931 $2,7$5 $3,406 Day Care Center /Preschool 565 /student 3632 5506 $844 3760 31,056 31,004 31,269 Library 590 IT.S.F.G.FA $8,199 36,559 $10,793 39,714 $13,387 312,717 515,980 Hospital 610 /bed $1,579 31,264 $2,133 51.919 $2,686 52,551 33,239 Nursing Home 620 /bed $543 $435 $733 _3660 $924 3677 31,114 Cinic 630 /T.S.F.G.FA 311,345 59,076 315,268 $13,741 519,190 318,231 323,113 Commorcial/Services Hote1Motel 310 /room 51,138 $911 $1,537 31,383 31,935 31,839 52,3.34 Building Materials/Lumber 812 /T.S.F.G.FA 34,003 53,202 35,405 $4,865 56,807 36,467 $8,209 Free - Standing Discount Superstore withGroceries 813 IT.S.F.G.F.A $8,396 56,717 310,828 59,745 $13261 512,597 $15,693 Specialty Retail Center 814 fT.S.F.G.LA 55,322 34,257 37,186 36,467 59,050 58,597 310,913 Free - Standing Discount Store without Groceries 815 /T.S.F.G.F.A- 58,683 $6,946 311,402 310,261 $14,121 513,415 516,840 Hardware/Paint Store 816 IT.S.F.G.FA $6,818 35,454 59,112 $8,201 511,407 310,837 313,702 . Nursery/Garden Center 817 TT.S.F.G.FA. 34,732 33,785 36,380 55,750 38,046 37,644 39,704 Shopping Center 820 /T.S.F.G.L.A. . $5,734 $4,587 $7,587 56,828 $9,440 38,968 311,293 Factory Outlet Center 823 /T.S.F.G.FA $5,126 $4,100 $6,370 $5,733 $7,614 37,234 $8,859 New Car Sales 841 rT.S.F.G.FA $6,209 $4,967 58,379 37,541 $10,549 310,021 512,719 Automobile Parts Sales 843 JT.S.F.G.FA $5,973 54,779 58,065 37,259 510.157 39,650 512,249 • Tire Superstore 849 IT.S.F.G.FA $5,317 $4,253 38,752 36,077 $8,188 37,778 59,623 Supermarket 850 IT.S.F.G.FA $12,067 $9,654 $15,634 514,070 319.201 318,241 522,768 • • Convenience Market(24 - hour) 851 IT.S.F.G.FA. $13,082 310,466 317,664 515,897 $22,246 321,133 326,828 Convenience Market with Fuel Pump 853 N.F.P. 312,815 $10,252 $17,131 315,418 321,446 320,374 525,761 Wholesale Market 860 /T.S.F.G.FA. $4,230 $3,384 55,003 34,503 $5,776 35,487 36,548 Discount Club 861 (T.S.F.G.FA $10,795 $8,636 313,089 311,780 315,384 514,615 $17,678 Home Improvement Superstore 862 /T.S.F.G.FA 53,597 $2,878 $4,593 34,134 55,589 35,310 36,586 Electronics Superstore 863 IT. S.F.G.F.A. $5,188 $4,151 56,496 35,846 $7,803 37,413 $9,111 Office Supply Superstore 867 ft.S.F_G_FA 55,973 54,779 $8,065 37,259 $10,157 39,650 312,249 PharmacytDrugsiore without Drive=Thru Window 880 /T.S.F.G.FA $5,973 $4,779 $8,065 $7,259 510,157 39,650 312,249 Pharmacy /Drugstore with Drive -Thru Window 881 !T.S.F.G.FA $5,973 $4,779 $8,065 57,259 510,157 59,650 312,249 Furniture Store 890 rT.S.F.G.FA $998 3799 51,181 51,063 51,363 31,295 51,545 Bank/Savings: Walk 911 /T.S.F.G.FA $12,715 310,172 $16,930 $15,237 $21,145 520,088 525,360 Bank/Savings: Drive - In 912 /T.S.F.G.FA 313,082 310,466 517,664 $15,897 $22,246 321,133 326,828 . Page 4 of 5 Appendix A Ordinance 729 TABLE 11 October 20, 2009 DISCOUNT SCHEDULE Column 1 Column 2 Column 3 Colmn 4 Column 5 Column 8 Column 7 Corumm 8 Column 9 Column 10 • Rates through Rates 7/1/2010 - Rates 7/1/2011 - 6/30(2010 6/30/2011 6130(2012 Rates ITE TDT Prior to With 20% TOT Prior to With 10% TDT Prior to With 5% 7/1/2012 - . - . .Land.Uso_Category. 5 _._. ttniC ` DiscQUnt __ Discount_ _Discount -_6439/2013__ Quality Restaurant (not a chain) 931 /T.S.F.G.FA 512,183 59,747 516,239 514,615 520,295 519,280 $24,351 High Turnover, Sit-Down Restaurant (chain or stand atone) 932 IT.S.F.G.FA. $11,482 59,185 $14,464 513,017 317,446 516,573 520,427 Fast Food Restaurant (No Drive - TIou) 933 tT.S.F.G.F.A. $13,082 510,466 317,664 515,897 522246 521,133 526,828 Fast Food Restaurant With Drive -Thru) 934 /T.S.F.G.FA. 513,082 $10,466 317,664 515,897 522,246 321,133 526,828 Drive -Thru Restaurant (No Seating) 935 /T.S.F.G.FA 313,082 510,466 $17,664 515,897 522,246 $21,133 526,828 Drinking Ptaca/Bar 936 /T.S.F.G.FA. • 511,583 59,266 515,037 513,534 318,492 517,568 521,947 Quick Lubrication Vehicle Shop 941 /Service Stall 511,066 58,853 513,632 512,269 516,198 515,388 518,764 Automobile Care Center 942 /T.S.F.G.LA $6,217 $4,973 $8,394 $7,554 310,571 510,043 512,748 Gasoine/Service Station (no Market or Car Wash) 944 N.F.P. 310,399 38,319 512,298 511,068 $14,197 513,488 516,097 Gasoine/Servtce Station (with Market and Car Wash) 946 N.F.P. 510,399 $8,319 $12,298 $11,068 $14,197 513,488 516,097 Office General Office Building 710 /T.S.F.G.FA 54,428 53,542 $5,829 $5,246 57230 56,869 58,632 Medical - Dental Office Building _ 720 /T.S.F.G.FA. 515,307 512,246 $19,954 517,958 $24,600 523,370 $29,246 Government Office Building 730 /T.S.F.G.FA. $30,447 324,358 539,388 535,449 $48,329 545,912 557,270 U.S. Post Office 732 /T.S.F.G.FA. 538,661 530,929 550,247 545,222 $61,833 558,741 573,419 Office Park 750 /T.S.F.G.F.A. $8,670 $5,336 58,252 37,426 59,833 39,341 511,414 Port/Industrial • Truck Terminal 030 /T.S.F.G.F.A. 52,140 $1,712 52,889 $2,600 $3,639 53,457 $4,388 General Light Industrial 110 /T.S.F.G.F.A. 53,116 32,493 $4,022 53,620 $4,929 54,682 55,835 Genera/ Heavy Industrial 120 /T.S.F.G.F.A. $671 3536 5866 5779 51,061 51,008 51,256 Manufacturing 140 /T.S.F.G.FA 51,718 51,374 52,215 51,994 52,713 52,577 53,210 Warehouse 150 /T.S.F.G.FA. 52,190 $1,752 52,834 52,550 $3,477 $3,303 $4,120 Mint Warehouse 151 /T.S.F.G.FA 51,155 5924 51,482 51,334 $1,810 $1,719 $2,137 U61I8es 170 /T.S.F.G.FA $3,044 $2,435 $3,878 53,490 $4,712 $4,476 55,546 Abbrevations used in the "UJhit" wilt: T.S.F.G.F.A. = Thousand Square Feet Gross Floor Area T.SF.G.L.A = Thousand Square Feet Gross Leaseable Area V.F.P. = Vehicle Fueling Position • • • ( Page 5 of 5 Monthly New Privately -Owned Residential Building Permits* 1000 - 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 900 - -- - — 800 T 700 600 J IA J 500 J 1 1 1 \ 400 t 0 \ 1 V \ 300 I r _ . . , ', l _ a AL., i , i zoo t' t 21 t1ta. f Illft,i 100 'illi7 —SS—Reported Residential Building Permits iun(units) 1.141/ 111113 '4 8114 /�$ /14'; €11 11411 114 41/11111"" P11 ' ', €l9 WWI fIIII WWI" "14 ' 11 1 4 )III/ —. — Rapo tad onth ¢ VII Floating Avera M ge Month Within Washington County, Oregon Source: U.S. Census Bureau WORKSOURCE OREGON Quality Information, Informed � Choices y'( EMPLOYMENT DEPARTMENT Labor Mat ke{'� LRyfole1 roat.i€ State of Oregon • Employment Department • www.QualityInfo.org Washington County Economic Indicators December 21, 2009 Employment Growth 8% Washington County : Year -over -year 6% November 2009 -6.1% 24 % % l 111111111111111111 _ October 2009 -6.4% _ .4% z% I -4% November 2008 -2.0% -6% -8% Jan -06 Jul Jan -07 Jul Jan -08 Jul Jan -09 July Unemployment Rate Washington County : Not Seasonally Adj. 12% 10% - November 2009 9.1% 8% 6% October 2009 9.2% 4 11111111111111111111111111111111111 2% November 2008 6.2% 0% Jan -06 Jul Jan -07 Jul Jan -08 Jul Jan -09 July Median House Price Portland Metro : MLS Asking Price $370,000 $350,000 /�- December 2009 $272,750 $330,000 November 2009 $277,760 $310,000 $290,000 December 2008 $302,773 $270,000 $250,000 Jan -06 Jul Jan -07 Jul Jan -08 Jul Jan -09 July Inflation US CPI : Year - over -year 6 % 4% November 2009 t8% 2% October 2009 -0.2% 0% November 2008 1.1% ° -4% Jan -06 Jul Jan -07 Jul Jan -08 July Jan -09 July Jill Cuyler, Workforce Analyst Jill.C.Cuyler a(�state.or.us (503) 360 -2421 • Index of Leading Indicators November 2009 Office of Economic Analysis December 29, 2009 For the six months ending in November 2009, the Oregon Index of Leading Indicators' increased an annualized 17.4 percent, following a revised 15.1 percent increase the prior month. This represents the fifth consecutive month that the index has been positive, representing a clear trend that the Oregon economy is or will be experiencing growth in the near future. While the Index's percent change is near its historical high, it is important to realize the Index is designed to identify turning points in the economy and is not constructed to illustrate the magnitude of such changes. In November, seven indicators are registering positive values, down from eight the previous two months. The positive contributors are: the semiconductor book -to -bill ratio, Oregon housing permits, the Oregon trade- weighted dollar index, new Oregon incorporations, the purchasing managers' index, initial unemployment claims, and industrial production. Consumer sentiment, Oregon withholding and help wanted ads are all slightly negative, with only air freight tonnage significantly negative. With the Index remaining in positive territory, it is encouraging for future economic growth and following historical patterns, it is to be expected that employment growth will resume within the next few months. Oregon Index of Leading Indicators (Six -Month Annualized Percent Change, through November 2009) 30% 8.0% — 6.0% 20% 10% LAI 4.0% O r M __ 2.0% IP _ ,.0% _10% ?•a -20% -6.0% t- L Recession in Oregon -30% 1 -8.0% 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 — Leading Index (L) — Diffusion Index <50 —Nonfarm Employment(R) 1 The OILI applies the Conference Board's methodology for the U.S. National Leading Index to Oregon- specific components. The eleven components incorporated in the OILI include: Semiconductor book -to -bill ratio, Oregon housing permits, Institute for Supply Management's purchasing managers index, University of Michigan consumer sentiment index, Oregon withholding, new Oregon incorporations, Oregonian help - wanted index, Portland International Airport air freight tonnage, Oregon trade - weighted dollar index, Industrial Production Index, and initial Oregon unemployment claims. Agenda Item # �0 Meeting Date March 23, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title A Resolution granting exemption from Property Taxes under Tigard Municipal Code Section 3.50 for four Non -Profit Low Income Housing Projects owned and Operated by Community Partners for Affordable Housing (CPAH). I / Prepared By: Toby LaFrance Dept Head Approval: v City Mgr Approval: I a ISSUE BEFORE THE COUNCIL Shall four low- income housing projects owned and operated by Community Partners for Affordable Housing (CPAH) be exempted form City of Tigard property taxation for 2010? STAFF RECOMMENDATION Staff recommends approval of this resolution. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal code 3.50 allows certain organizations providing low income housing to be exempted from Tigard property taxation upon application by March 1 of each year and a demonstration of compliance with certain criteria listed in the Code. Community Partners for Affordable Housing owns and operates Greenburg Oaks, located at 11875 SW 91 Avenue in Tigard. They also own Village at Washington Square at 11157 -11163 SW Hall Blvd in Tigard, the Knoll at Tigard, 8485 SW Hunziker, 12340 and12360 SW Hall Blvd., and a single family house located at 9330 SW Tangela Court in Tigard. These projects are operated as low - inclome housing and meet all criteria listed in the Tigard Municipal Code. Community Partners for Affordable Housing submitted three applications for exemption from 2010 property taxes on Februaryl9, 2010, which is within the March 1 deadline. Three of the properties were exempted from property taxation in 2009. The Knoll at Tigard is new to this process in 2010. These application were reviewed by staff in the City's Community Development Department and staff determined that the requested tax exemptions are consistent with the applicable Tigard Municipal Code and also the adopted City Housing Policy. The attached resolution gives consent from the City of Tigard for this tax abatement. Under State law, Community Partners for Affordable Housing must receive similary approval from jurisdictions accounting for 51% (or more) of the total property taxes to be levied on these properties. This organization will also make application to the other taxing units. OTHER ALTERNATIVES CONSIDERED Do not approve this tax exemption. CITY COUNCIL GOALS NA ATTACHMENT LIST Resolution Four applications from Community Partners for Affordable Housing Memo from Duane Roberts regarding CPAH's application meeting Tigard Municipal Code criteria. FISCAL NOTES The estimated assessed value of the four properties and the estimated impact of an exemption from City of Tigard property taxes are shown below: Property Estimated City of Tigard City of Tigard Total Tax Rate Total Property Assessed Value * Tax Rate Property Tax Tax Impact (Including Bond Impact Levy) (Estimated) Village at $2,663,060 $2.7267/$1,000 $7,261 $16.6631/$1,000 $44,375 Washington Square Single Family $181,468 $2.7267/$1,000 $495 $16.6631/$1,000 $3,024 Home — 9330 SW Tangela Ct. _ Greenburg Oaks $3,097,385 $2.7267/$1,000 $8,445 $16.6631/$1,000 $51,612 The Knoll @ $374,590 $2.7267/$1,000 $1,021 $16.6631/$1,000 $6,242 Tigard • Total Impact $17,222 $105,253 *Because these properties have been exempted from property taxation in the past, Washington County does not show a current assessed value. This figure is an estimated value. I: \ADM \CATHY\PROJECTS \Counciil Packet Information \Training - 2010\ Council _Agenda_Item_Summary_w- Instr.doc COMMUNITY PARTNERS FOR AFFORDABLE HOUSING, INC. Marg. a PO Box 23206 • Tigard OR 97281 -3206 • TeI:503- 293 -4038 • Fax:503- 293 -4039 • www.cpahinc.org • info @cpahinc.org City of Tigard Application for Tax Abatement February 19, 2010 Greenburg Oaks (formerly Villa La Paz) Apartments 11875 SW 91st Avenue, Tigard A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information G. IRS Letter A. Property Description Greenburg Oaks Apartments (Tax account # R-276472), 11895 SW 91 Avenue, is just off Greenburg Road and Pacific Highway. The site sits on 3.01 acres and consists of 84 units in four buildings: 12 one - bedroom/one -bath 564 square foot units, 60 two - bedroom/one -bath 839 square foot units, and 12 three - bedroom/one -bath 1,007 square foot units. In 1998, CPAH added a Community Center to the complex. The Community Center houses a computer center, library, multipurpose room and property management office. In 2005 /2006, CPAH completed a $3.5 million dollar rehabilitation of the apartment interiors, building exteriors and project site. Highlights of the rehab include: replacing all building siding and windows, re- configure and repave the parking lot, replace all property landscaping, upgrade the recreation facilities, renovate and upgrade project site lighting and signage. Interior work included replacing all waterlines and drains, replacing all cabinets, countertops, light fixtures and most appliances (refrigerators, dishwashers, hot water heaters) with Energy Star rated devices, replacing all window coverings and many carpets, re- texture and repaint all apartments. The project featured energy saving appliances, compact fluorescent light fixtures, better insulation, and low volume plumbing fixtures, all of which have reduced tenant energy costs. The rehab work was done without displacing any tenants and with very minimal rent increases. As a testament to the quality of the rehab work, vacancies generally average under 5 %, accounts payable are current and cash flow is positive most months. Financing for the project came from a number of public and private grants and low income housing tax credit investments. No new debt was taken on. Approximately $10,000 of the funding was provided by the City of Tigard Affordable Housing Fee Assistance program. Other funding came from the Meyer Memorial Trust, the Paul Allen Foundation, the Oregon Community Foundation, Washington County Office of Community Development through the CDBG and HOME investment programs, and the State of Oregon. Key Bank increased its investment by over $2 million dollars. Legal Description: The site is located in the southeast 1 /0 of Section 35, Township 1 South, Range 1 West (Willamette Meridian). Tax Lot: The Washington County Map shows the site as tax lot 23 -74 -2000, Parcels I, II, and M. B. Project's Charitable Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of: permanent affordable housing, sustainable economic growth, and community -based partnerships. CPAH's acquisition and renovation of the complex has ensured that the previously neglected property is professionally managed as safe, decent, and affordable housing for families with a shrinking number of housing options. Our property has significantly reduced the housing burdens of our families. The efficient delivery of our services has improved the health and prospects of all household members, and served to break the multi - generational cycles of poverty. CPAH's APPLICATION FOR TAX ABATEMENT PAGE 2 OF 4 commitment to 40 years of affordability for those at 50 and 60% of median income guarantees that these apartments will be affordable effectively for the life of the buildings. CPAH maintains active partnerships with the Tigard Police Department, Tualatin Valley Fire & Rescue, Tigard Libraries, and the Tigard School District to enhance the safety and quality of life for residents and to be sure that our programs are well- coordinated with other community resources. Partnerships with Community Action, Good Neighbor Center, Luke -Dorf, HopeSpring, Neighborhood House, Lifeworks NW and other organizations to provide information and referral as well as emergency services like food boxes and rent and utility assistance. Coordination agreements with these agencies enhances ongoing case management and has provided a fresh start to many families facing significant barriers to moving from homelessness to permanent housing. Several families each year are being reunited with their children as a result of receiving a housing opportunity at Greenburg Oaks. Three of the apartments are reserved for low income families with at least one member in active recovery from alcohol or drug addiction. The Community Center at Greenburg Oaks is the focal point for support, skill building, and community building activities offered by CPAH through its resident services program which includes after- school and summer youth programs. CPAH's on -site computer learning center is used by youth for homework, research, e-mail, and educational games; and by adults for job search activities and Internet access. The Tigard Library has twice obtained grant resources to purchase children's material for our on -site library. CPAH offers a variety of adult services as well. These include classes in support of parenting skills, budgeting and other financial literacy skills, and nutritional shopping and cooking. The Community Center is also host to a number of general community activities including rent readiness courses, HopeSpring parenting classes, financial literacy classes, parenting safety skills and budget and nutrition classes. The Community Center hosts weekly meetings for AA, NA, and Almon groups. C. Certification of Resident Income Levels Resident income levels are verified upon application for tenancy and are recertified each year. CPAH has covenants with the state and with Washington County to use the property exclusively for low income rentals for a period of at least 40 years. These covenants require that all households have earnings at or below 60% of the area median income. Some units are restricted to households earning at or below 50 %. Compliance with these covenants is monitored by the State of Oregon Department of Housing and Community Services and by theWashington County Office of Community Development. We certify that all apartments in this property are targeted to and remain affordable to households earning at or below 60% of the Area Median Income. D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is a direct subsidy for the residents. Every dollar reduction in operating costs is passed on as a reduction in the scheduled rents. Some costs, such as the cost of operating our youth programs, must be funded from outside sources. Without property tax abatement, we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. APPLICATION FOR TAX ABATEMENT PAGE 3 OF 4 It can be argued that using property tax revenues to subsidize well managed affordable housing units results in a net savings of public resources. Fewer and less - severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is general partner of the Villa La Paz Limited Partnership, a single asset entity established for the purpose of acquiring the apartments and qualifying for low - income housing tax credits. CPAH's IRS Determination Letter is attached. CPAH undergoes a full independent audit of its books annually, as does Villa La Paz, LP. Both the State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development review the project and resident files annually. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day - to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. 8"t I a Sheila Greenlaw-Fink, Executive Director Date APPLICATION FOR TAX ABATEMENT PAGE 4 OF 4 • • INTERNAL REVENUE SERVICE • DISTRICT DIRECTOR DEPARTMENT OF THE TREASURY • P. O. BOX 2508 CINCINNATI, OIi 45201 • Emlo Date: P Y e r Identification Number: BAR ) 1 l� 93- 1155559 DIN: COMMUNITY PARTNERS FOR AFFORDABLE • 1 7053030720009 HOUSING Contact t P Persoonn: : PO BOX 23206 THOMAS E O'BRIEN ID# 31187 TIGARD, OR 97281 -3206 Contact (87) 2-5500 Telephone Number: (877) 829 -5500 Our Letter Dated: • February 1995 Addendum Applies: No Dear Applicant: • This modifies our letter of the above date in which we stated that you • would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. • Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an . organization of the type described in section 509(a) (1) and 170(b) (1) (A) (vi)'. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on . this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change 'on the.part of the organization that resulted in your loss of such status, or if he she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as aysection 509(a)(1) organization. • If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about.your private foundation status, please keep it in your permanent records. If you have any questions,•please contact the person whose name and telephone number are shown above. Sincerely yours, District Director • • Letter 1050 (DO /CG) • COMMUNITY PARTNERS . , ,� • . �. FOR AFFORDABLE HOUSING, INC. 9nildirth PO Box 23206 • Tigard OR 97281 -3206 • Tel:503.- 293 -4038 • Fax :503 - 293 -4039• www.cpahinc.org • info @cpahinc.org City of Tigard Appication ior°TaxAbabement February 19, 2010 Village at Washington Square 11157 -11163 SW Hall Boulevard Tigard A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information G. IRS Letter A. Property Description Village at Washington Square is located at 11157 -11163 SW Hall Boulevard, between SW Spruce and SW Pfaffle in Tigard. The site is located within the Washington Square Regional Center and is proximate to many employment opportunities as well as public transportation and other services. The Village at Washington Square includes three residential buildings with a total of 26 dwelling units, and a community building, all arranged around a central courtyard/play yard. The project includes one studio, seven one - bedroom, five two- bedroom, seven three- bedroom and six four bedroom units. Eleven of the units are traditional apartment flats, while the other 15 are two -story townhomes with bedrooms above the main floor living space. The project includes a community green space with benches, a path and a butterfly garden. The total site sits on .84 acres. Legal Description: Partition Plat 1998 -038, Lot 1 and Partition Plat 1998 -038, Lot 2 in the City of Tigard, County of Washington, State of Oregon Tax Lot: 1 S 135DA (04600 & 04700) B. Project's Charitable Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of: permanent affordable housing, sustainable economic growth, and community -based partnerships. When it opened in 2002, The Village at Washington Square was the first addition of affordable units to the Tigard housing stock in a decade. The 26 units are priced to be affordable to very low, low, and moderate - income residents. The project is subject to an extended use agreement to keep the rents affordable for 60 years, effectively the full life of the project. This covenant is recorded with the title of the property and requires that rents will be affordable to households at 30 %, 45% and 60% of area median income and significantly below market rents. Half of the units are three and four bedroom apartments serving larger families who are often unable to fmd affordable rental opportunities in Tigard. CPAH maintains active partnerships with the Tigard Police Department, Tualatin Valley Fire & Rescue, Tigard Libraries, and the Tigard School District to enhance the safety and quality of life for residents and to ensure that our programs are well- coordinated with other community resources. CPAH works closely with Community Action and other agencies to provide information and referral as well as emergency services such as food boxes as well as rent and utility assistance. Coordination agreements with social service programs such as HopeSpring (a partnership of Lutheran Family Services, Community Action Organization, Good Neighbor Center, Luke -Dorf, and Lifeworks NW enhance ongoing case management and link stable housing with successful program outcomes. The Community Center at The Village at Washington Square is the focal point of the support, skill building, and community building activities offered by CPAH through its resident services programs. CPAH's on -site computer learning center is used by youth for homework, research, e- mail, and educational games; and by adults for job search activities and Internet access. CPAH offers a variety of adult services as well. These include Neighborhood Watch, classes in support of parenting skills, budgeting and other financial literacy skills, and nutritional shopping and cooking. The center is also host to weekly HopeSpring self - sufficiency classes. APPLICATION FOR TAX ABATEMENT PAGE 2 OF 3 The Village at Washington Square is located within a census tract (309) which has a higher than average concentration of low- income rental households. The number of residents without a high school diploma is notably higher than for Tigard as a whole (15% vs. 9 %). This area has the second highest concentration of children under 9 of the eight census tracts in Tigard. While this area represents 9% of Tigard's population, it is home to nearly 16% of the city's minority households. C. Certification of Resident Income Levels Resident income levels are verified upon application for tenancy. Residents may remain in their units as long as they income qualify at entry. Rents are well below the market for the area. We certify that all apartments in this project are targeted to and remain affordable to households earning at or below 60% of the AMI. Compliance with income restriction requirements is audited annually by the State of Oregon Department of Housing and Community Services, Washington County Office of Community Development, and by our limited partner investor, Key Bank. D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is a direct subsidy for the residents. Every dollar reduction in operating costs is passed on as a reduction in the scheduled rents. Some costs, such as the cost of operating our youth programs, must be funded from outside sources. Without property tax abatement, we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. It can be argued that using property tax revenues to subsidize well managed affordable housing units results in a net savings of public resources. Fewer and less- severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is the general partner of the Village at Washington Square Limited Partnership, a single asset nonprofit corporation. CPAH's IRS Determination Letter is attached. CPAH undergoes full audit of its books annually, as does the Village at Washington Square. The State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development review the project and resident files annually. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day - to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. • - •1 z( (FS J r o Sheila Greenlaw -Fink, Executive Director Date APPLICATION FOR TAX ABATEMENT PAGE 3 OF 3 • • INTERNAL REVENUE SERVICE ' DISTRICT DIRECTOR DEPARTMENT OF THE TREASURY P. 0. BOX 2508 CINCINNATI, OH 45201 • Date: Employer Identification Number: 93- 1155559 WAR I 1 118! DLN: COMMUNITY PARTNERS FOR AFFORDABLE 70ac P r0009 o HOUSING Contact Person: • P0 BOX 23206 THOS E O'BRIEN ID# 31187 • TIGARD, OR 97281 -3206 Contact Telephone Number: (877) 829 -5500 Our Letter Dated: • ' February 1995 Addendum Applies:' • • No • • Dear Applicant: -- • This modifies our letter of the above date in which we stated that you • would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(3)(3) is still in effect. Based oa the • information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because . organization of the type you are an ype described in section 509(a) (1) and 170(b) (1) (A) (vi)'. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on . this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the.part of • • the organization resulted in your. loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(11 organization. • If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about .your private foundation status please keep it in your permanent records. If you have any questions,•please contact the person whose name and telephone number are shown above. • Sincerely yours, • • .4,k { District Director • Letter 1050 (DO /CG) • COMMUNITY PARTNERS .. 1 FOR AFFORDABLE HOUSING, INC. MEM a t +r !! PO Box 23206 • Tigard OR 97281 -3206 • Te1:503- 293 -4038 • Fax:503- 293 -4039 • www.cpahinc.org • info @cpahinc.org City of Tigard Application for Tax Abatement February 19, 2010 Tangela Single Family Rental Home 9330 SW Tangela A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information G. IRS Letter A. Property Description Community Partners for Affordable Housing, Inc. acquired the single family "Tangela House" at 9330 SW Tangela in Tigard, on December 31, 1999, with assistance from the Washington County CDBG program and a loan from Washington Mutual Savings Bank. It is located just two blocks from CPAH's multifamily project, Greenburg Oaks Apartments. The two story 1,916 square foot house sits on a 5,450 square foot lot and is zoned R -7 residential. CPAH converted an upstairs bonus room into a 5th bedroom and completed other necessary repairs after initial acquisition. In late 2006, the long term resident of the house gave notice that her family was growing and moving out and her Section 8 certificate was being reduced. She gave notice and moved into a smaller house consistent with her reduced Section 8 subsidy. We consider this a very successful outcome of a long term occupancy providing a stable neighborhood environment to raise a family that had previously experienced transient and sub - standard housing. CPAH completed more than $5,000 in repairs and replacements and the home was re- rented in February 2007 to the existing large low income family who continue to live in the home demonstrating the continuance of stable housing for low income families. Legal Description: Barbee Court, Lot 1, Tigard, County of Washington, State of Oregon. Tax Lot: 1 S 135DC -05300. B. Project's Charitable Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of permanent affordable housing, sustainable economic growth, and community -based partnerships. CPAH acquired the single family home in order to assist the County and the Good Neighbor Center Shelter in meeting a "replacement unit" requirement triggered by the Uniform Relocation Act when the shelter acquired its current site and demolished a single family home housing a low - income family. CPAH completed needed repairs and upgraded the home to a five - bedroom dwelling, in order to provide a rare opportunity in our community — an affordable single- family rental house for a very large family. The home is proximate to CPAH's Greenburg Oaks property, where management and resident services are available to the household. These services include a computer center, community room, neighborhood watch, Individual Development Account grants, and other programs. The resident services coordinator and property management staff visit the home on a regular basis to ensure that the property is well managed and to maintain an ongoing relationship with the residents. The home is located within a census tract (309) which has a higher than average concentration of low- income rental households. The number of residents without a high school diploma is notably higher than for Tigard as a whole (15% vs. 9 %). This area boasted the second highest APPLICATION FOR TAX ABATEMENT PAGE 2 OF 3 concentration of children under 9 of the eight census tracts in Tigard. While this area represents 9% of Tigard's population base, it is home to nearly 16% of the city's minority households. C. Certification of Resident Income Levels Resident income level is verified upon application, and must be less than 60% of the area's median income. Income is recertified annually. We certify that all residents served by this property eamed at or below 60% of the AMI. D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is passed on as a direct subsidy for the residents. Every dollar reduction in operating costs results in a reduction in the scheduled rents. Some costs, such as the cost of operating our youth programs, must be funded from outside sources. Without property tax abatement, we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. It can be argued that using property tax revenues to subsidize well managed affordable housing results in a net savings of public resources. Fewer and less - severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is direct owner of the Tangela property and is a nonprofit 501(c)(3) organization. Our operations are audited annually to, among other things, confirm that we are in compliance with our charitable status and with requirements of the County grant and Washington Mutual loan documents. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day - to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. 2118/(o Sheila Greenlaw -Fink, Executive Director Date APPLICATION FOR TAX ABATEMENT PAGE 3 OF 3 • • • INTERNAL REVENUE SERVICE • DISTRICT DIRECTOR DEPARTMENT OF THE TREASURY • P. 0. BOX 2508 CINCINNATI, OH 45201 Date; Employer Identification Number: • �� 93- 1155559 AR )il DLN: COMMUNITY PARTNERS FOR AFFORDABLE Catata nc030ct Per on: HOUSING rson: • THOMAS E O'BRIEN ID# 31187 PO BOX 23206 Contact Telephone Number: • TIGARD, OR 97281 -3206 • (877) 829 -5500 Our Letter Dated: February 1995 • Addendum Applies:' • No • 1 Dear Applicant: • This modifies our letter of the above date in which we stated that you • would be treated as an organization that is not a private foundation until the . expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(3)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an . organization of the type described in section 509(a)(1) and 170(b)(1)(A)(vi)'. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contra r if you lose your section 509(a)(1) status a cont However, . this determination if he or she was in part grantor for, may not rely of the act or failure to or the substantial or material cchiange - on the part the organization resulted in your loss of such status, or if he she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a.-section 509(a)(1) organization. • If we have indicated inthe heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about.your private foundation status, please keep it in your permanent records. If you have any questions,-please contact the person whose name and telephone number are shown above. • • Sincerely yours, /1 District Director • • Letter 1050 (DO /CG) • • • City of Tigard Application forTaxAbatement The Knoll @ Tigard 8485 SW Hunziker, 12340 and 12360 SW Hall Boulevard, Tigard A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information G. IRS Letter PAGE 1 OF 3 A. Property Description The Knoll at Tigard will be located at 8485 SW Hunziker, 12340 and 12360 SW Hall Boulevard, in Tigard. The location fronts on Hall Boulevard between SW Hunziker and SW Knoll. This site is a prime example of an urban development opportunity, perched on the edge of the developing downtown of the City of Tigard, walking distance to the library, senior center, transportation, shopping and a variety of other amenities. Currently, three parcels of land totaling 1 acre supported only 3 single family residences. Following the recent zone change, and consistent with the long range goals of the City development plans. The Knoll @ Tigard will bring this density to nearly 50 units per acre. The design takes advantage of a site with an established infrastructure of utilities, adjacent transportation and services, and enhances it's potential as a catalyst for respectful development of the urban neighborhood. The project receives a "very walkable" rating from Walkscore.com. The proposed project: a 45,000 square foot, 48 -unit apartment building providing active living for independent, low- income seniors, includes ample common rooms and meeting space. Streetscape improvements are required on all 3 street frontages, and will include development of sidewalks, planting strips with street trees and below -grade utilities. Public spaces including entry courtyards and site walks are to be well lit and the building will have secure access. The total site contains .98 acres. Legal Description: see attached Exhibit A Tax Lot: R458454, R458436, R458445 B. Project's Charitable Purpose The mission of Community Partners for Affordable Housing, Inc. (CPAH) is to promote a healthy community through the development of: permanent affordable housing, sustainable economic growth, and community -based partnerships. The Knoll @ Tigard will be CPAH's first affordable units for seniors in Tigard and compliment CPAH's affordable units for seniors in Hillsdale. The 48 units will be affordable to very low and low income residents on a permanent basis (The Knoll @ Tigard will provide affordable housing for a minimum of sixty (60) years, with maximum rents regulated by covenants on the property). Rents will be affordable to households at 30% and 60% of area median income and below market rents. 45 of the units will be one bedroom units and 3 of the units will be two bedroom units (1 of which for the on -site manager). 12 of the one bedroom units will be Project Based Section 8 units set -aside for Veterans. CPAH will expand its community partnerships with the Tigard Police, the Tigard Library and the VA. Community building will be provided through resident services programs and outreach. The Community Room will be the focal point for community building activities and will include a computer center for residents. C. Certification of Resident Income Levels Resident income levels will be certified upon application. Residents may remain in their units as long as they income qualify at entry. Rent will be below $600 for the one - bedroom apartments deemed at 13% below market rates. Rent will be below $700 for the two- bedroom apartments. PAGE 2 OF 3 D. How Tax Exemption Will Benefit Residents The property tax exemption is a direct savings for the residents, allowing for reduced operating costs which results in affordable reduced rents for the seniors at The Knoll. For both the initial development, and long term operations of the project, full tax abatement is essential. As we have moved through predevelopment, we have developed pro formas which allow for the construction of a project which meets all City and State design requirements along with affordable rents for our seniors. We have already obtained all public commitments required to finance the project (including County HOME and CDBG funds, State of Oregon Trust Fund and Tax Credits), and are now finalizing arrangements with the private lender and investor (under the tax credit program). If we are not able to document that tax abatement is being provided, we will be asked to raise the rents which could jeopardize this much needed senior housing in Tigard. Thus, tax abatement offers a direct benefit to senior residents who will pay lower rents. Tax abatement is key to the long -term sustainability of the project operating with affordable rents for seniors. E. Tax Exempt Status CPAH is the general partner of The Knoll @ Tigard Limited Partnership, a single asset nonprofit corporation. CPAH's IRS Determination Letter is attached. CPAH undergoes full audit of its books annually, as will The Knoll @ Tigard. Mark Schwing of Markusen & Schwing in Beaverton provides audit services for CPAH and CPAH's single asset properties. The State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development both will inspect and audit the project annually. The tax credit investor (Limited Partner) also monitors the project on a monthly basis and physically inspects on an annual basis. F. Verification of Information As CPAH's executive director, I hereby certify that the information in this application for tax abatement is accurate and complete as of this date, to the best of my knowledge. Pinnacle will provide the day - today management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. If additional information is desired on any aspect of this application, please do not hesitate to call. Thank you in advance for your consideration. O Sheila Greenlaw -Fink, CPAH Executive Director March 10, 2010 PAGE 3 OF 3 • E EXHIBIT A Legal Description of the Property PARCEL I: Lot 3, according to the duly filed plat of KNOLL ACRES, in the City of Tigard, filed " • December 15, 1948, in Plat Book 12, Page 30, Records of the County of Washington and State of Oregon. EXCEPTING THEREFROM the following described tract conveyed to the State of Oregon, • _ by and through its State Highway Commission by Deed recorded April 13, 1959, Book 416, Page 303. PARCEL II: Lot 4, according to the duly filed plat of KNOLL ACRES, in the City of Tigard, filed • December 15, 1948, in Plat Book 12, Page 30, Records of the County of Washington and • State of Oregon. EXCEPTING THEREFROM that parcel deeded to the State of Oregon by and through its State Highway Commission, by Warranty Deed, recorded September 25, 1958, in Book 409, Page 506, Deed records Washington County, Oregon. ALSO EXCEPTING THEREFROM that parcel deeded to the City of Tigard by Document Recorded June 25, 1981 as Recorder's Fee No. 81021925, Deed of Records, Washington County. PARCEL III: Lot 5, according to the duly filed plat of KNOLL ACRES, in the City of Tigard, filed December 15, 1948, in Plat Book 12, Page 30, Records of the County of Washington and State of Oregon. EXCEPT that portion deeded to the City of Tigard in Document recorded September 5, 1975, in Book 1043, Page 967. ALSO EXCEPTING THEREFROM that parcel deeded to the City of Tigard by Document • recorded June 25, 1981 as Recorder's Fee No. 81021925, Deed Records, Washington County. ' This property is free of encumbrances created or suffered by Grantor, EXCEPT: .1. The subject property lies within the boundaries of the Unified Sewerage Agency and is subject to the levies and assessments thereof. 2. Restrictive covenants to waive future rights of remonstrance against the formation of a local improvement district, Recorded: August 14, 1984 as Recorder's Fee No 84032022; Type of Improvement: Street (Affects Parcels I and III). A memorandum was recorded between grantor and grantee on June 14, 1996 as Recorder's Fee No. 96053520. EXHIBIT B 1 � 1 i • • • INTERNAL REVENUE SERVICE DEPARTMENT OF TEE TREASURY DISTRICT DIRECTOR ASURY P. 0. BOX 2508 CINCINNATI, OR 45201 • Employer Identification Number: Date: 93- 1155559 MAR 1 1 lilt DLN: 17053030720009 COMMUNITY PARTNERS FOR AFFORDABLE Contact Person: HOUSING THOMAS E O'BRIEN ID# 31187 PO BOX 23206 Contact Telephone Number: • TIGARD, OR 97281 -3206 (877) 829 -5500 Our Letter Dated: • February 1995 Addendum Applies: No Dear Applicant: • This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. • Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the • information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170(b).(1)(A)(vi) Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the.part of the organization that resulted in your loss of such status, or if he*or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a• section 509(a)(1) organization. • If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about.your private foundation status, please keep it in your permanent records. If you have any questions,Tlease contact the person whose name and telephone number are shown above. Sincerely yours, A District Director Letter 1050 (DO /CG) • frktai COMMUNITY PARTNERS P.O. Box 23206 • Tigard, OR 97281 -3206 FOR A F F O R D A B L E HOUSING, INC. Tel: 503- 293 -4038 • Fax: 503- 293 -4039 • www.cpahinc.org March 12, 2010 Duane Roberts City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Tax Abatement for The Knoll at Tigard Dear Duane: As you know, Community Partners for Affordable Housing (CPAH), is the general partner and sponsor of a new senior housing development in downtown Tigard. The land was acquired for the project in August 2009, by The Knoll at Tigard LLC. On April 12, 2010, the project is scheduled to close its construction financing. Simultaneous with the closing of the construction loan, the property will transfer to The Knoll at Tigard Apartments LP, for which CPAH is the general partner, and the project will become eligible for tax exemption. When completed in April 2011, The Knoll at Tigard will provide 48 affordable housing units for seniors in downtown Tigard, and serve as a catalyst project for downtown redevelopment. We would respectfully ask, that this application be added to the City Council agenda on March 23 with CPAH's other applications scheduled for review under this ordinance. Our lenders require confirmation of exemption prior to closing, and that is the last City Council meeting at which such action could take place. Please let me know if I can provide more information, and confirm the City's ability to review this additional application. Thanks in advance for your continuing assistance as we move towards construction of this very exciting new project! Sincerely, Sheila reenlaw -Fink CPAH Executive Director CPAH does not discriminate against any person 00 the basis of age, race, calm; religion, set, handicap, familial status, national origin, or marital status �� ■ — . in the admission or access to, or treatment, or employment in its federally assisted ',ingrains and activities. MEMORANDUM TIGARD TO: Toby LaFrance, Finance Director FROM: Duane Roberts, Project Planner RE: CPAH Applications for Tax Exemption DATE: 3/9/10 The Tigard -based Community Partners for Affordable Housing (CPAH) has submitted separate applications for low - income housing tax exemptions for each of the four properties it owns and manages inside the City. The three include the 26 -unit Village at Washington Square, the 84 -unit Greenburg Oaks, and a four - bedroom single family house located two blocks from the Greenburg Oaks units at 9330 SW Tangela. CPAH also has applied for tax exemption for the 48 -unit Knoll at Tigard senior housing project, scheduled for April 2011 completion. TMC 3.50.020, "Nonprofit corporation low income housing; exempt criteria ", provides standards for considering exemption requests. Whether and how the CPAH applications meet each of these standards is detailed below. 1. The property is owned or being purchased by a corporation that is exempt from income taxes under section 501(c) (3) or (4) of the Internal revenue Code... A copy of an Internal Revenue Service letter, dated March 11, 1999, verifies that CPAH qualifies as a 501(c) organization. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. The list of submittal requirements under TMC 3.50.040 does not include any reference to information on asset liquidation, and the CPAH applications do not contain any such information. The director, Sheila Greenlaw -Fink, verbally has confirmed to staff that the organization's incorporation papers do, indeed, include a provision of this kind. 3. The property is occupied by low income persons. The TMC defines low income as household income at or below 60% of area median. According to the CPAH submittals, in the case of all three of its projects, tenant income is verified upon application and is re- certified on an annual basis. Household income at or below 60% of median is the cut -off for continued eligibility. Within each of its applications, CPAN certifies that all residents served by the three properties in question earn at or below the 60% level. 4. The property or portion of the property receiving the exemption, is actually and exclusively used for the purposes described in section 501 (c) (3) or (4) of the Internal Revenue Code .. . The applications certify and a staff visit to the two apartment complexes confirms that all the property is exclusively used for the intended purposes. 5. The exemption has been approved as provided in section 3.50.050 This criterion relates to the required City process for handling exemption requests. Conclusion: CPAH -owned properties have qualified for tax abatement every year since 1996. According to the applications submitted for FY 10/11 abatement, no changes in circumstances have occurred that would disqualify the non -profit housing provider from continuing to receive the exemption. The Knoll at Tigard is a new CPAH -owned project scheduled for April 2011 completion. It is located within the City Center Urban Renewal Area will provide 48 units of affordable housing for seniors. The "Affordable Housing Program", adopted 9/03 as "a complete and official statement of the City's overall affordable housing program ", includes tax abatement as one of the City's strategies for facilitating affordable housing in the community. The abatement's purpose is to allow the operators of low- income housing to decrease annual operating expenses, thereby allowing them to serve lower- income households. According to the CPAH applications, if granted, 100% of the property tax exemptions would continue to be passed on as a direct subsidy for its residents. Therefore, granting the exceptions to CPAH would be consistent with the applicable TMC standards and also with adopted City housing policies. is Cathy Wheatley From: Jenny De Gregorio [ Jenny .DeGregorio ©jordanschrader.com] 2 Sent: Tuesday, March 23, 2010 2:18 PM To: Cathy Wheatley e C : ��SSi t }Y� Subject: Resolution for Summer Creek Attachments: 3 23 10 Rev RES Fowler Property 2010.doc ci «3 23 10 Rev RES Fowler Property 2010.doc » Cathy, The change is to Section 2 b. WE repla d ''a blanket easement" with "utility sements ". That's it. 1P-1— 14 a Thanks so much for your help. ` J't �1g dt.. Jenny JENNIFER DE GREGORIO Paralegal Jordan Schrader Ramis PC Attorneys at Law Two Centerpointe Drive, 6th Floor Lake Oswego, OR 97035 Phone: (503) 598 -7070 Fax: (503) 598 -7373 www.jordanschrader.com One of Portland Monthly's Best 20 Places to Work One of Oregon Business Magazine's 100 Best Companies to Work For CONFIDENTIALITY NOTICE: Please do not read, copy, or disseminate this communication unless you are the intended addressee. This e -mail may contain confidential and/or privileged information intended only for the addressee. If you have received this in error, please notify me via return e-mail. TAX ADVICE NOTICE: IRS Circular 230 requires us to advise you that if this communication or any attachment contains any tax advice, the advice is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax- related penalties or (ii) promoting, marketing, or recommending any transaction, plan, or arrangement. A taxpayer may rely on professional advice to avoid tax- related penalties only if the advice is reflected in a comprehensive tax opinion that conforms to stringent requirements. Please contact us if you have any questions about this requirement, or would like to discuss preparation of an opinion that conforms to these IRS rules. DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 10- A RESOLUTION APPROVING THE PURCHASE OF THE SUMMER CREEK PROPERTY, LOCALLY KNOWN AS THE FOWLER PROPERTY, PORTIONS OF TAX LOTS 1S134DD01000, 1S13DD00900, 1S134DCO3000, 2S103AB00100, AND 2S103AA00101 TIGARD, OREGON WHEREAS, the Summer Creek property lies within the City of Tigard adjacent to Fowler Middle School and generally bounded by Tigard Street, and Tiedeman and Gallo Avenues as depicted in Exhibit A; and WHEREAS, the Summer Creek property, locally known as the "Fowler property," is made up of approximately 43 acres of mature forests, wetlands, and streams (the " Summer Creek Property ") as described in the purchase agreement attached as Exhibit B (the "Agreement "); and WHEREAS, the City of Tigard would like to acquire the Summer Creek Property to create a publicly -owned park land and open space; and WHEREAS, the City has been working in conjunction with the Trust for Public Land ( "TPL ") to acquire the Summer Creek Property; and WHEREAS, the TPL has obtained an exclusive option to purchase the Summer Creek Property for the purpose of transferring the Summer Creek Property to the City for use as a park; and WHEREAS, the City will purchase from TPL the developable land of the Property, and TPL will donate the undevelopable land of the Property to the City; and WHEREAS, the City desires to authorize the City Manager to undertake all necessary tasks in connection with the purchase of the Summer Creek Property. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The purchase price is $5.33 million (the "Purchase Price "). SECTION 2: The purchase of the Summer Creek Property is contingent on the following: a. TPL's successful acquisition of the property. b. Utility easements granted to the Tigard - Tualatin School District stating that utilities installed shall not disturb the nature of the land. c. Property lot line adjustments to create the property of tax lots 1S134DD01000, 1S13DD00900, 1S134DCO3000, 2S103AB00100, and 2S103AA00101. d. Management and maintenance of the existing bridge on the Property to be assumed by the City. SECTION 3: The Tigard City Council hereby approves the purchase of the Summer Creek Property. RESOLUTION NO. 10 - Page 1 SECTION 4: The Tigard City Council authorizes the City Manager to take all necessary steps to purchase the Summer Creek Property, including execution of the Agreement and closing documents. SECTION 5: This resolution is effective immediately upon passage. PASSED: This day of March 23, 2010. Mayor - City of Tigard AT 1'1~ST: City Recorder - City of Tigard Exhibit A — Summer Creek Property Map Exhibit B — Purchase Agreement with Exhibits RESOLUTION NO. 10 - Page 2 A • City of Tigard, Oregon Affidavit of Posting TIGARD In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard / �` I, a vi F. (,✓. /(v , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) — 0 ( , which were adopted at the City Council meeting of M y c ,6 3 , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the 4 24 day of /1/1 &rG 4 , 20/0 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon Signature of Person who Performed Posting Subscribed and sworn (or affirmed) before me this day of lThrLk , 20 10 Signature of Notary Public for Ore: • �:�•, OFFICIAL SEAL '' • �' "• BRANDEN TTAGGART \admlcathyUorms\post ordinance 2006 doe � � 'y NY U COMOTARMISSION P BLIC NO OREGON 430165 MY COMMISSION EXPIRES JUNE 25, 2012