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City Council Packet - 07/27/2010
TIGARD City of Tigard TIGARD CTl'Y COUNCIL BUSI\ F SS MN'.F',TIN G July 27, 2010 COUNCIL ME 1- - G WILL B F. TEL KVIS I: \Ofs \Donna \Ccpkt3 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov ®® City of Tigard 4 Tigard Business Meeting - Agenda TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: July 27, 2010 - 6:30 p.m. MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session for consultation with legal counsel concerning current and pending litigation under ORS I92.660(2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • STUDY SESSION 1. >DISCUSS PARK BOND RESOLUTION 2. >ADMINISTRATIVE ITEMS >COUNCIL CALENDAR: • August 10, 2010 - Business Meeting; 6:30 Study Session; 7:30 Business Meeting • August 17, 2010 - Workshop Meeting; 6:30 p.m. • August 24, 2010 - Meeting Cancelled 7:30 PM 3. BUSINESS MEETING 3.1 Call to Order 3.2 Roll Call 3.3 Pledge of Allegiance 3.4 Council Communications & Liaison Reports 3.5 Call to Council and Staff for Non - Agenda Items 4. CITIZEN COMMUNICATION (Two Minutes or Less, Please) 7:35 P.M. 4.1 Follow -up to Previous Citizen Communication 4.2 Tigard Area Chamber of Commerce 4.3 Citizen Communication — Sign Up Sheet 5. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. 7:40 p.m. (estimated) 5.1 Approve City Council Meeting Minutes for: a. April 13, 2010 b. April 20, 2010 c. April 27, 2010 d. May 11, 2010 5.2 Local Contract Review Board: a. Award Contract for Pavement Management Program Slurry Seal to Asphalt Maintenance Associates, Inc. 5.3 Amend the 2010 -11 Master Fee Schedule to Create a Special Rate for Temporary Uses in the MU -CBD Zone and Tiers for Development Code Provision Review Fee - Resolution No. 10 -38 • RESOLUTION NO. 10 -38 - A RESOLUTION TO AMEND THE MASTER FEES AND CHARGES SCHEDULE AS ADOPTED BY RESOLUTION 10 -30 TO INSTITUTE A REVISED FEE FOR TEMPORARY USE PERMIT FEES IN THE MU -CBD ZONE AND TO CREATE TIERS FOR THE DEVELOPMENT CODE PROVISION REVIEW FEE APPLIED TO TENANT IMPROVEMENT PROJECTS IN COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL DEVELOPMENT 5.4 Approve Intergovernmental Agreement with the Oregon Department of Transportation for Study of Potential Improvements to the Pacifc Hwy 99W / Gaarde St / McDonald St Intersection 5.5 Approve Amendment to the Intergovernmental Agreement with Washington County and the Oregon Department of Transportation to Record Revised Funding of the Pacific Hwy /Hall Blvd Project 5.6 Authorize the City Manager to Sign the Dedication and Easement Documents Needed for the Burnham Street Reconstruction Project 5.7 Appoint and Set Terms for Transportation Advisory Committee Members - Resolution No. 10 -39 • A RESOLUTION APPOINTING STEVEN W BASS II, DON FOX, MAUREEN JEFVERT WOLF, AND MIKE STEVENSON AS VOTING MEMBERS OF THE TRANSPORTATION ADVISORY COMMITTEE; APPOINTING KAREN HUGHART AS AN ALTERNATE AND ESTABLISHING TERM EXPIRATIONS FOR ALL TRANSPORTATION ADVISORY COMMITTEE MEMBERS • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council /City Center Development Agency has voted on those items which do not need discussion. 6. PUBLIC HEARING -- CITY COUNCIL CONSIDERATION OF A BALLOT MEASURE REGARDING A PARK BOND MEASURE FOR THE NOVEMBER 2, 2010, GENERAL ELECTION 7:45 (estimated - time might change but hearing will not begin before 7:30 p.m.) The purpose of the hearing is to consider a resolution to authorize an election on November 2, 2010, seeking City of Tigard voter approval to issue general obligation bonds up to the value of $17 million to fund acquisition, development and preservation of land. • Open Public Hearing • Review Hearing Procedures: City Attorney • Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or reason for abstention? • Staff Report • Public Testimony • Proponents • Opponents • Staff Recommendation • Council Questions • Close Public Hearing • Council Consideration: Resolution 10 -40 • RESOLUTION NO. 10 -40 -- A RESOLUTION OF THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, CALLING A MEASURE ELECTION TO SUBMIT TO THE ELECTORS OF THE CITY THE QUESTION OF CONTRACTING GENERAL OBLIGATION BONDED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $17 MILLION TO FINANCE THE COSTS OF CAPITAL CONSTRUCTION AND CAPITAL IMPROVEMENTS; DECLARING INTENT TO REIMBURSE EXPENDITURES, AND RELATED MATTERS 7. CITY COUNCIL CONSIDERATION OF AN ORDINANCE UPDATING TIGARD MUNICIPAL CODE 9.04 - PARK FACILITY RESERVATIONS, GENERAL PROVISIONS 8:00 p.m. (estimated - time might change) • Staff Report • Council Discussion • Council Consideration: Ordinance No. 10 -09 • ORDINANCE NO. 10 -09 -- AN ORDINANCE UPDATING TIGARD MUNICIPAL CODE CHAPTER 9.04 PARKS, GENERAL PROVISIONS 8. QUASI- JUDICIAL PUBLIC HEARING - JAPANESE INTERNATIONAL BAPTIST CHURCH ANNEXATION (ZCA2010- 00001) 8:15 p.m. (estimated - time might change but hearing will not begin before 7:30 p.m.) REQUEST : A request to annex approximately .44 acres of property, plus right -of -way on SW Spruce Street (approximately .34- acres) to the City of Tigard. LOCATION: 8512 SW Spruce Street, east of SW Hall Boulevard; Washington County Tax Assessor's Map 1 S 135AD, Tax Lot 02700, plus Adjoining Right -of -Way. COUNTY ZONE: R15: Residential, 12 units /acre minimum density, 15 units /acre maximum density. The intent and purpose of the R15 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than fifteen (15) units per acre and no less than twelve (12) units per acre, except as otherwise specified by Section 3002 or Section 3005 of the Washington County Community Development Code. EQUIVALENT CITY ZONE : R -25: Medium High- Density Residential District. The R -25 zoning district is designed to accommodate existing housing of all types and new attached single - family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222; Metro Code Chapter 3.09; and Statewide Planning Goals 1, 2, 11 and 14. • Open Public Hearing — Mayor • Statement by City Attorney Regarding Procedure • Declarations or Challenges • Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? • Have all members familiarized themselves with the application? • Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? • Staff Report: Community Development Staff • Public Testimony • Proponents • Opponents • Rebuttal /Final argument by applicant • Staff Recommendation • Council Discussion and Consideration: Ordinance No. 10 -10 • ORDINANCE NO. 10 -10 -- AN ORDINANCE ANNEXING .78 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT OF WAY, APPROVING THE JAPANESE INTERNATIONAL BAPTIST CHURCH ANNEXATION (ZCA2010- 00001) AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT 9. REVISIONS TO THE CODE COMPLIANCE PROGRAM UPDATE AND DISCUSSION 8:30 p.m. (estimated - time might change) 10. SECOND QUARTER COUNCIL GOAL UPDATE 9:00 (estimated - time might change) 11. COUNCIL LIAISON REPORTS 12. NON AGENDA ITEMS 13. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to review and evaluate the City Manager under ORS 192.660(2) (i). 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. 14. ADJOURNMENT 9:30 p.m. (estimated) SUPPLEMENJ AL PACKET Si u.d S$ LT\l (DATE OF MEETING) : , : National Night Out Tuesday, August 3, 2010 .41. 4314:01011141LAWAjillarIPROJR11,r Participating Neighborhood Celebrations • Neighborhood Coordinator Phone # Location /Address Time # Attending Colony Creek Court Kathrine Klein 503 - 598 -8892 8300 SW Colony Creek Ct 7 -9 PM 30 Waverly Estates Jason Zwick 503 - 780 -0969 9080 SW Waverly Dr. _ 6 -8 PM 30 Ash Creek Estates Julie Retzlaff 503 - 768 -4571 7136 SW Ash Creek Ct /Cul -de -sac - Ash Creek Ct 6 -8 PM 35 Quail Hollow South Mark Padgett 503 - 590 -5226 12974 SW Princeton Lane /Corner of Princeton Lane & Yale Place 6:30 -7:30 PM 35 103rd and View Terrace Judi Stack 503 - 639 -4537 10265 SW View Terrace /Corner of View Terr & 103rd 6:30 -9 PM 30 Fanno Pointe Condos Sharon Wells 503 - 620 -7805 13688 SW Hall Blvd # 6 /Parking lot 6 -9 PM 30+ Wellington Estates Christine Castle 503 - 620 -5088 11545 SW Beef Bend Rd /Office area 5 -7 PM 30 Highland 1100 Area Larry McCullough 503 - 684 -6984 10040 SW Highland Dr /Cul -de -sac north off Highland Noon -5 PM 60 Greenfield Village Maria Harris 503 - 524 -6327 12085 SW 135th Ave /135th Ave Clubhouse 4 -6 PM 40 -50 Manzanita Sonya Rygh 503 - 679 -7492 11545 SW Manzanita St /115th -119th along Manzanita 6 -9 PM 50 Brightwaters Apts Robyn Mickelson 503 - 684 -8000 16110 SW 108th Ave /108th & Durham 6 -8 PM 75 AIS -28 Item #: 1. Business Meeting Date: 07/27/2010 Length (in minutes): 10 Minutes Agenda Title: Consider a Resolution to Refer a Parks General Obligation Bond in the Amount of $17 Million to Tigard Voters on November 2, 2010. Prepared By: Kathy Mollusky, Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. Information ISSUE Shall Council approve the resolution and notice of bond election and consider an election seeking voter approval to issue general obligation bonds to fund acquisition, development and preservation of parks, natural areas, clean water, open space and trails? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council discuss the resolution and notice of bond election and consider during the Business Meeting. KEY FACTS AND INFORMATION SUMMARY • On July 19, 2010, the PRAB held a meeting and would like to update the Council on any discussion regarding the election recommendation. • Staff recommends Council discuss any desired changes to the Resolution and Notice of Bond Election and bring these changes, if any, to the Business meeting. • The resolution is attached to the Business Meeting Item 4. OTHER ALTERNATIVES Council could choose to delay the election date until 2011 or later, or decide to forgo the election completely and advise staff of an alternative method to fund land acquisition. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 1) 2010 Goal: Strategize with PRAB on a 2010 Parks Bond a. Decide whether to return to ballot and, if so, when. b. Develop land acquisition strategies (potential options to purchase, etc). DATES OF PREVIOUS COUNCIL CONSIDERATION July 13, 2010 June 15, 2010 February 9, 2010 August 11, 2009 July 21, 2009 Fiscal Impact Fiscal Information: An election in November 2010 is estimated to cost the City around $500 for publication of legal notices and other minor expenses. Bonds would mature in 21 years or less from issuance and may be issued in one or more series. The estimated additional cost to property owners if a $17 Million in bonds is sold, would be $0.29 per $1,000 of assessed valuation. For the owner of a home with the median assessed value of $207,000, the additional monthly cost would be about $4.99 per month, or $60 per year. Passage of this bond (or securing some other source for $17 million) will allow the City to leverage additional millions of dollars in future System Development Charges (SDCs). • AGENDA ITEM NO. 4.3 - CITIZEN COMMUNICATION DATE: July 27, 2010 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED 0 114 Name: - Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State ip F Phone No. So3 ' a - C PO Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. SUPPLEMENTAL PACKET FOR 7fa7 /ao; -0-___ (DATE OF MEETNG) CITIZEN COMMUNICATION 3 h - ,e ,,, ' °t` P :4t4, $ sw `' , tti -< t U P ' � . . ''^^„ r �r d,,rh T' . Good Morning Tigard (GMT) - Business Networking 7 :30- 9:00am - FREE • 07/29/ 10- Country Financial • Hosted at the Tigard Chamber, Pearson Room 12345 SW Main Street, Tigard, OR 97223 o 08(05/ 10- Community Partners for Affordable Housing (CPAH) • Hosted at Greenburg Oaks • 11905 Southwest 91st Avenue Tigard, OR • 08/ 12/ 10 - Tranquillounger • Hosted at the Tigard Chamber, Pearson RoornSUPPLF ENTAL PACKET • 12345 SW Main Street, Tigard, OR 97223 FOR OIb ▪ 08/ 19/ 10- Denture Design (DATE OF MEETING) • Hosted at their location X1 ° 13075 SW Pacific Hwy, Tigard OR 97223 • 08/26/10- Oregon Sleep Specialists • Hosted at the Tigard Chamber, Pearson Room • 12345 SW Main Street, Tigard, OR 97223 Other Chamber Events Lunch & Learns — Free, Noon to 1:00 p.m. • 07/29/ 10- Business Solutions for Business Owners o 08/05/ 10 - Tigard Street Construction Update • 08/ 12/ 10- Facebook & Social Media • 08/ 19/ 10- Portland Short Sales Secrets • 08/26/10- Building a Referral Business • Hosted at Tigard Chamber, Pearson Room, Noon — 1:00 p.m. • 12345 SW Main Street, Tigard, OR 97223 • 09/ 13/ 10- Golf Tournament • Hosted at Tualatin Country Club For more info, go to - http://tigardareachamber.org/directory/events L " .� -� _ � ,fix �.� G� ,� 3 �„ �:. , ' , -. x u• fi � aaP t: S ;z= k - - ek !" 1 *s"+s'sF- „d �'y p �+ on @p�� #' y� " alt �,�+ :N r ;_x "��� �, , • .. ,� I bdtl 3P. $f ';. I' F ' � 3C t t ,; F^ ' ' erA ;.h4. S kla Find us , ° ce '. • .� ` ,ca� 3-=.� ��� °e, °" '9d. a „ �,.; ' -• . , . .. ,... .: ..; � A1S-119 Item #: 5. 1. Business Meeting Date: 07/27/2010 Length (in minutes): Consent Item Agenda Title: Approve Council Minutes Prepared By: Cathy Wheatley, Administration Item Type: Motion Requested Meeting Type: Consent Agenda Information ISSUE Draft Council Minutes submitted for City Council review and approval. STAFF RECOMMENDATION / ACTION REQUEST KEY FACTS AND INFORMATION SUMMARY OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION AIS -19 Item #: 5. 2. 1. Business Meeting Date: 07/27/2010 Length (in minutes): Consent Item Agenda Title: Award Contract for Pavement Management Program Slurry Seal Prepared By: Mike McCarthy, Public Works Item Type: Motion Requested Meeting Type: Select One Information ISSUE Shall the LCRB award the contract for the Pavement Management Program Slurry Seal to Asphalt Maintenance Associates, Inc.? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the LCRB award the contract for the Pavement Management Program Slurry Seal to Asphalt Maintenance Associates, Inc. KEY FACTS AND INFORMATION SUMMARY The purpose of the City's slurry seal program is to restore the pavement surface. As pavement ages, the cumulative effects of weather and vehicle usage cause deterioration of the asphalt binder (the sticky stuff that holds the road together) from the top down, resulting in widespread cracking and deterioration if not treated. In a slurry seal, a blend of asphalt binder mixed with sand is applied to the street to restore the top layer of this sticky binder to seal and preserve the pavement and keep it lasting longer. Slurry seals are typically used on residential streets with good pavement condition to keep the good pavement condition longer. On June 22, 2010, the City issued an Invitation to Bid for the FY 2010 -11 slurry seal program. The Engineer's Estimate for the project was $350,000. The City closed the bid for the project on July 14, 2010 and received one responsible bid for the work. Asphalt Maintenance Associates, Inc., submitted a bid to the City in the amount of $315,490 which staff has reviewed and found to be a reasonable, responsible bid that is in line with market pricing for the work. After review of the submitted bid and with a need for the project work, staff recommends that the LCRB award the City's contract for the slurry seal project to Asphalt Maintenance Associates, Inc. in the amount of $315,490. OTHER ALTERNATIVES The LCRB may reject all bids and direct staff on how to proceed. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: 315,489.43 Budgeted (yes or no): Yes Where budgeted ?: St. Maint. Additional Fiscal Notes: The annual Pavement Maintenance Program, of which the Slurry Seal project is a piece, has a FY 2010 -11 budget of $827,900 in the Street Maintenance Fund. The Slurry Seal project is now anticipated at $315,490 which is within 3% of last year's cost and 13% below the original estimate. AIS -8 Item #: 5.3 Business Meeting Date: 07/27/2010 Length (in minutes): Consent Item Agenda Title: Amend 2010 -11 Master Fee Schedule to Create a Special Rate for Temporary Uses in the MU -CBD Zone and Tiers for Development Code Provision Review Fee Prepared By: Sean Farrelly, Community Development Item Type: Resolution Meeting Type: Consent Agenda Information ISSUE Shall the City Council approve a resolution to amend the 2010 Master Fees and Charges Schedule to include a special discounted rate for temporary use permits for businesses in the MU -CBD Zone and to create tiers for the Development Code Provision Review Fee applied to commercial, industrial, and institutional tenant improvement building permits based on project cost? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that Council approve the Resolution amending the 2010 -11 Master Fees and Charges Schedule as described. KEY FACTS AND INFORMATION SUMMARY Proposed Amendment #1: Council /CCDA directed staff to explore ways to reduce the permit fees for businesses in the Downtown that applied for multiple temporary use permits in a calendar year. The reason was that events such as these, while benefiting private businesses, also attract new visitors to the Downtown and can serve a marketing role for the area. It is proposed that the Master Fees and Charges Schedule be amended to include a special rate for businesses in the MU -CBD zone. The first temporary use permit applied for on a property would incur the full permit fee ($294). The second through fifth temporary use permit fee in a calendar year, where the site plan is substantially similar to the first temporary use application, would have a reduced permit fee of $52. Staff would have discretion to determine if the site plan was "substantially the same." After the fifth application in a calendar year, any additional temporary use permits would incur the regular fee. Proposed Amendment #2: The 2010 -11 Master Fees and Charges Schedule approved by Council on June 8, 2010, began applying the Development Code Provision Review to all commercial /industrial /institutional projects applying for a building permit. Previously, this review was only performed for new residential and commercial /industrial /institutional construction that did not require a land use review and was not applied to tenant improvements. Because tenant improvement projects, particularly larger projects, can have zoning related issues that need to be identified before the building permit is issued, the review is now applied to all projects, including tenant improvements. After further review of the range of typical tenant improvement projects, staff believes that a tiered fee scale for this review would be more appropriate. Tenant improvement projects can range from a simple rearrangement of existing cubicle walls to larger scale projects involving the addition of new activities or uses. Staff proposes the following tiers for this fee be applied to commercial /industrial /institutional tenant improvements: Project Valuation Recommended Fee Up to $4,999 $0 $5,000- $74,999 $73 $75,000- $149,999 $184 $150,000 and up $294 No changes are proposed to the current fee for all new commercial /industrial /institutional or residential development. See pages 1 and 4 of Exhibit A to the attached Resolution for details. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Changing the temporary use fee in the MU -CBD zone supports Council Goal #2 - Implement Downtown Urban Renewal DATES OF PREVIOUS COUNCIL CONSIDERATION Changing the temporary use fee in the MU -CBD zone was considered at the April 13, 2010 and June 8, 2010 study sessions. Fiscal Impact Cost: -- Budgeted (yes or no): No Where Budgeted (department /program): -- Additional Fiscal Notes: The special discounted rate for temporary use permits for businesses in the MU -CBD Zone will likely result in less than $500 in forgone revenue in Fiscal Year 2010-11. Applying the Development Code Provision Review Fee to tenant improvement building permits was originally estimated to generate less than $15,000 in Fiscal Year 2010-11. Creating tiers based on project cost will likely reduce the revenue to approximately $10,000 in Fiscal Year 2010-11. There is no comiserate expense reduction and, while this action is more equitable, it will result in a projected $5,500 reduction in the General Fund ending fund balance. Attachments Ex A: Fees and Charges Schedule Fee Schedule Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 10- A RESOLUTION TO AMEND THE MASTER FEES AND CHARGES SCHEDULE AS ADOPTED BY RESOLUTION 10 -30 TO INSTITUTE A REVISED FEE FOR TEMPORARY USE PERMIT FEES IN `THE MU -CBD ZONE AND TO CREATE TIERS FOR THE DEVELOPMENT CODE PROVISION REVIEW FEE APPLIED TO 'TENANT IMPROVEMENT PROJECTS IN COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL DEVELOPMENT. WHEREAS, the City of Tigard has an interest in promoting seasonal and special events in Downtown Tigard; and WHEREAS, seasonal and special events are important to the vitality of downtown and business districts by drawing people to places; and WHEREAS, the current requirement for businesses to pay the full temporary use, permit fee for multiple seasonal and special events is a disincentive for small businesses to hold these events and discounting the fee for multiple events within a calendar year is reasonable to promote the City's Downtown redevelopment objectives; and WHEREAS, tenant improvement projects in existing commercial, industrial, and institutional buildings range from simple to complex, and the work required to perform a Development Code Provision Review varies accordingly; WHEREAS, the City of Tigard desires to establish equitable development review fees that reflect the work required to complete the review; and WHEREAS, the City of Tigard has a Master Fees and Charges Schedule that was last adopted by Resolution 10 -30 with later amendments. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The amended fees and charges are enumerated and set shown on the attached schedule (Exhibit A). SECTION 2: The revised fee schedule applies to Temporary Use permits retroactively to January 1, 2010. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2010. Mayor - City of Tigard RESOLUTION NO. 10 - Page 1 ATTEST: City Recorder - City of Tigard RESOLUTION NO. 10 - Page 2 City of Tigard EXHIBIT A Fees and Charges Schedule COMMUNITY DEVELOPMENT - DEVELOPMENT SERVICES PLANNING Accessory Residential Units $294.00 7/1 2010 Annexation $2,750.00 7/1 2010 (As of July 1, 2006 a moratorium on this fee was in effect, per Resolution 08 -12, through February 2009) Appeal Director's Decision (Type II) to Hearings Officer $250.00 7/1/2003 Expedited Review (Deposit) $300.00 7/1/2003 Hearings Referee $500.00 7/1/2003 Planning Commission /Hearing's Officer to City Council $2,765.00 7/1 2010 Approval Extension $294.00 7/1 2010 Conditional Use Initial $5,474.00 7/1 2010 Major Modification $5,474.00 7/1 2010 Minor Modification $599.00 7/1 2010 Design Evaluation Team (DET) Recommendation (deposit) $1,529.00 7/1 2010 Development Code Provision Review Single - Family Building Plan $73.00 7/1 2010 New Commercial /Industrial /Institution Development $294.00 7/1 2010 Tenant Improvements in Existi Commercial /Industrial /Institution Development Project Valuation up to $4.999 $0.00 7/27/2010 Project Valuation $5.000 - 74.999 $73.00 7/27/2010 Project Valuation $75.000 - $149.999 $184.00 7/27/2010 Project Valuation $150.000 and more $294.00 7/27/2010 1 City of Tigard EXHIBIT A Fees and Charges Schedule Downtown Review Downtown Review Compliance Letter $599.00 7/1 2010 Downtown Design Administrative Review Under $1,000,000.00 $1,401.00 + 0.004 x project valuation 7/1 2010 $1,000,000.00 and over (max fee $25,000.00) $5,401.00 +0.002 x project valuation 7/1 2010 Downtown Design Review - Design Review Board $2,843.00 + applicable Type II fee 7/1 2010 Hearing Postponement $334.00 7/1 2010 Historic Overlay /Review District Historic Overlay Designation $4,281.00 7/1 2010 Removal Historic Overlay Designation $4,281.00 7/1 2010 Exterior Alteration in Historic Overlay District $642.00 7/1 2010 New Construction in Historic Overlay District $642.00 7/1 2010 Demolition in Historic Overlay District $642.00 7/1 2010 Home Occupation Permit Type I $101.00 7/1 2010 Type II $599.00 7/1 2010 Interpretation of the Community Development Code Director's Interpretation $599.00 7/1 2010 Appeal to City Council $2,765.00 7/1 2010 Land Partition Residential and Non - Residential (3 Lots) $3,962.00 7/1 2010 Residential and Non - Residential (2 Lots) $3,295.00 7/1 2010 Expedited $4,623.00 7/1 2010 Final Plat $920.00 7/1 2010 Lot Line Adjustment $599.00 7/1 2010 Minor Modification to an Approved Plan $599.00 7/1 2010 Non - Conforming Use Confirmation $599.00 7/1 2010 2 City of Tigard EXHIBIT A Fees and Charges Schedule Planned Development Conceptual Plan Review $7,752.00 7/1 2010 Detailed Plan Review (Concurrent Hearing) Applicable SDR Fee or Subdivision Fee + $375.00 7/1 2010 Detailed Plan Review (Separate Hearing) Applicable SDR Fee or Subdivision Fee + $2,313.00 7/1 2010 Plat Name Change $335.00 7/1 2010 Pre - Application Conference $599.00 7/1 2010 Sensitive Lands Review With Excessive Slopes /Within Drainage Ways/ $599.00 7/1/2010 Within 100 -Year Floodplain (Type I) With Excessive Slopes /Within Drainage Ways/ $2,629.00 7/1 2010 Within Wetlands (Type II) With Excessive Slopes /Within Drainage Ways/ $2,841.00 7/1 2010 Within Wetlands/Within the 100 -Year Floodplain (Type III) Sign Permit Existing and Modification to an Existing Sign (No Size Differential) $164.00 7/1 2010 Temporary Sign (Per Sign) $52.00 7/1 2010 Site Development Review & Major Modification Under $100,000000.00 $4,645.00 7/1 2010 $1,000,000.00 /Over $6,034.00 7/1 2010 (' +$6.00 /per each $10,000.00 over $1,000,000.00) Minor Modification $599.00 7/1 2010 3 City of Tigard EXHIBIT A Fees and Charges Schedule Subdivision Preliminary Plat without Planned Development $5,363.00 /+ $93.00 per lot 7/1 2010 Preliminary Plat with Planned Development $7,422.00 7/1 2010 Expedited Preliminary Plat without Planned Development $6,148.00 /+ $93.00 per lot 7/1 2010 Expedited Preliminary Plat with Planned Development $7,422.00 7/1 2010 Final Plat $1,855.00 7/1 2010 Temporary Use Director's Decision $294.00 7/1/2010 Special Mixed Use - Central Business District zone rate 1st Temporary use in a calendar year $294.00 1/1/2010 2nd through 5th temporary use with substantially the same site plan within a calendar year $52.00 1/1/2010 Each additional temporary use within a calandar year $294.00 1/1/2010 Special Exemption /Non - Profit 7/1/2003 Tree Removal $294.00 7/1 2010 4 City of Tigard EXHIBIT A Fees and Charges Schedule Variance /Adjustment Administrative Variance $642.00 7/1 2010 Development Adjustment $294.00 7/1 2010 Special Adjustments Adjustment to a Subdivision $294.00 7/1 2010 Reduction of Minimum Residential Density $294.00 7/1 2010 Access /Egress Standards Adjustment $642.00 7/1 2010 Landscaping Adjustments Existing /New Street Trees $294.00 7/1 2010 Parking Adjustments Reduction in Minimum or Increase In Maximum Parking Ratio $642.00 7/1 2010 Reduction in New or Existing Development /Transit Imprvmnt $642.00 7/1 2010 Reduction in Bicycle Parking $642.00 7/1 2010 Alternative Parking Garage Layout $642.00 7/1 2010 Reduction in Stacking Lane Length $294.00 7/1 2010 Sign Code Adjustment $642.00 Street Improvement Adjustment $642.00 7/1 2010 Tree Removal Adjustment $294.00 7/1 2010 Wireless Communication Facility Adjustments Setback from Nearby Residence $642.00 7/1 2010 Distance from Another Tower $294.00 7/1 2010 Zoning Map /Text Amendment Legislative - Comprehensive Plan $9,195.00 7/1 2010 Legislative - Community Development Code $3,754.00 7/1 2010 Quasi Judicial $3,459.00 7/1 2010 5 City of Tigard EXHIBIT A Fees and Charges Schedule Zoning Analysis (Detailed) $599.00 7/1 2010 Zoning Inquiry Letter (Simple) $88.00 7/1 2010 COMMUNITY DEVELOPMENT - MISCELLANEOUS FEES & CHARGES Bu ilding Pla Copies $2.50 /copy 7/1/2007 Community Development Code 7/1/2006 CD Rom $10.00 Comprehensive Plan - Volumes 1 & 2 $77.00 1997 GIS Maps 2/7/2002 8 -1/2" x 11" Black and White $0.25 7/1/2007 Color $1.50 11" x 17" Black and White $1.50 Color $2.50 17 "x22" Black and White $2.50 Color $5.00 22" x 32" Black and White $5.00 Color $7.50 34" x 44" Black and White $7.50 Color $10.00 6 City of Tigard EXHIBIT A Fees and Charges Schedule Information Processing & Archiving (IPA) Fee Temporary Sign $5.00 7/1/2010 Type I Review $18.00 7/1/2010 Type II Review $175.00 7/1/2010 Type III Review $200.00 7/1/2010 Type IV Review $200.00 7/1/2010 Ma s 2/7/2002 Address Maps by Section $2.50 /plot Annexation & Road Jurisdiction $10.00 /plot As -Built Drawings $2.50 /copy or plot Assessor's Tax Map $2.50 /copy or plot Bike Path Plan $6.00 /plot Buildable Lands Inventory $10.00 /plot Comprehensive Plan and Zoning Map $10.00 /plot Orthophotographs $5.00 /copy Stream Corridor & Wetlands Map $10.00 /plot Street Index Map $10.00 /plot Subdivision Map $10.00 /plot Subdivision Plat Map $2.50 /copy Topographic Maps $5.00 /copy Transportation Plan Map $10.00 /plot Vertical Bench Mark Control Map $6.00 /copy Zoning Map $10.00 /plot Neighborhood Meeting Signs (Land Use $2.00 1997 Oversize Load Permit $200.00 7/1/2005 Planimetric Maps 3/10/1986 Blueline print - quarter section $5.00 Mylar - quarter section $150.00 /+ reproduction cost 7 City of Tigard EXHIBIT A Fees and Charges Schedule Retrieval of Materials Confiscated in ROW Lawn and A -board signs $40.00 /sign 7/1/2010 Other signs and materials (based on size and value) City Manager's Discretion 7/1/2010 (per TMC 7.61.035 Ord 10 -06) Tigard Transportation System Plan $15.00 2000 Tigard Triangle Obsolete Master Plan (3/92) $10.00 Master Plan Color Map (Adopted 11/92) $2.50 Specific Area Plan (1/94) $7.50 Transportation & Traffic Evaluation Report (10/93) $7.50 Visual Preference Survey $5.00 /for second copy Obsolete Washington Square Regional Center 1999 Task Force Recommendations $10.00 Master Plan Map (Zoning /Plan) $2.50 8 AIS -32 Item #: 5. 4. Business Meeting Date: 07/27/2010 Length (in minutes): Consent Item Agenda Title: Intergovernmental Agreement with ODOT for Study of Potential Improvements to the Pacifc Hwy 99W / Gaarde St / McDonald St Intersection Prepared By: Mike McCarthy, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Information ISSUE This is an Intergovernmental Agreement (IGA) with the Oregon Department of Transportation (ODOT) for study and conceptual design of a future project for mobility and safety improvements at the intersection of Pacific Hwy 99W with Gaarde St and McDonald St. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends signing the agreement. KEY FACTS AND INFORMATION SUMMARY City and ODOT staff have been working toward a large project to reconstruct the intersection of Pacific Hwy 99W with Gaarde St and McDonald St. This intersection experiences significant traffic delays and has the highest collision rate in Tigard. When the Pacific Hwy 99W /Hall /Greenburg /Main project is complete, the Pacific Hwy 99W /Gaarde /McDonald intersection will become the worst bottleneck on Pacific Hwy 99W in Tigard. The project would consist of turn lanes, auxiliary lanes, bike lanes, sidewalks, landscaping, and associated stormwater and other utility improvements. ODOT has set aside $1 million in Oregon Transportation Investment Act III (OTIA III) funds for design work for this project. This agreement covers the first $150,000 of that funding. This $150,000 will be used for an ODOT -led study leading to a conceptual design of the intersection. This study is to figure out issues such as: a) Which turn lanes and /or auxiliary lanes on which legs of the intersection would be most beneficial? b) What can feasibly be done to improve pedestrian, transit, and cyclist travel through the intersection area? c) What types of collisions are occurring and what can be done to reduce their occurrence? d) How long will it take to design and construct these improvements? and e) How much will it all cost? The remaining $850,000 is intended to be used for a City -led effort, likely with a consultant, to prepare the design of the project. Per this IGA, the City would be able to receive reimbursement for staff time spent on this project. Current funding set aside for this intersection includes this $1 million in OTIA funds plus $3 million in the 2012 -13 Statewide Transportation Improvement Program (STIP). The remainder of the funding is being sought through federal earmarks, state funding sources, and other avenues that may become available. ODOT may ask for a City contribution in the future. OTHER ALTERNATIVES Council could decide to not sign the agreement or negotiate particular aspects of the agreement. Significant City resistance would likely halt the progress of improvements at this intersection. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Long Term Goal: Continue pursuing opportunities to reduce traffic congestion Goal 1: Implement Comprehensive Plan: This project is listed as a near -term priority in the draft Transportation System Plan. It is also listed in the Regional Transportation Plan. Long Range objectives: a) Basic city services provided to citizens are cost effective and are delivered without interruption. b) Tigard's interests in regional and statewide issues are coordinated with appropriate agencies and jurisdictions. c) Tigard citizens are involved in the community and participate effectively: We receive many requests for improvements at this intersection. d) External and internal city assets are well managed and utilized. DATES OF PREVIOUS COUNCIL CONSIDERATION Fiscal Impact Cost: $18300 Budgeted (yes or no): Yes Where Budgeted (department /program): PW Eng Additional Fiscal Notes: The $150,000 covered with this agreement will be primarily spent by ODOT (in ODOT staff time, consultant fees, and reimbursement of City staff time) on behalf of the project. The IGA does anticipate reimbursing City of Tigard staff time up to $18,300. The staff time would be within our existing staff and budget and would add to our external revenues by reimbursing Tigard for time spent on this phase of the project. No City match is required now. However, when the project reaches the right -of -way acquisition and construction stages, it is likely that ODOT will ask for a city contribution. Attachments Agreement Summary IGA with ODOT AGREEMENT SUMMARY DATE: June 24, 2010 WRITTEN BY: Devorah Hannah AGREEMENT No.: 26,629 PARTIES TO THE AGREEMENT: ODOT and City of Tigard PROJECT: OR 99W /SW Gaarde Street /SW McDonald Street Intersection AGREEMENT TYPE: Intergovernmental Agreement FUNDING SOURCE: OTIA RESPONSIBLE ODOT PARTY: Tim Wilson SUMMARY: The OTC determined, as a requirement for OTIA funding for this Project, that before preliminary engineering and construction begins, a joint ODOT /CITY study for the proposed project should be developed. The purpose of this Agreement is to address the OTC requirement for the study prior to the commencement of project activities for the 99W /Gaarde project and the payment for those services from the granted funding. The OTIA funding will be allocated as follows: $850,000 being awarded toward funding of the design and construction of the proposed project and $150,000 to being managed by ODOT for the Study. The funding for the Study shall be from the granted OTIA funding before it is allocated to the City. REGION UNITS IMPACTED BY AGREEMENT: UNIT IMPACT REVIEWED BY Planning and Development Review and approval Rian Windsheimer Program and Funding Review and funding Jeff Flowers REVIEWED AND APPROVED BY CONTRACTS AND AGREEMENTS UNIT: Penelope A. Lee Misc. Contracts & Agreements No. 26629 INTERGOVERNMENTAL AGREEMENT Phase 1 Joint Study OR 99W /SW Gaarde Street/SW McDonald Street Intersection THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "ODOT "; and the CITY OF TIGARD, acting by and through its elected officials, hereinafter referred to as "CITY," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Pacific Highway West (99W) is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). SW Gaarde and SW McDonald Streets are part of the CITY street system under the jurisdiction and control of CITY. 2. By the authority granted in Oregon Revised Statute (ORS) 190.110, state agencies may enter into agreements with units of local government for the performance of any or all functions and activities that a party to the agreement, its officers, or agents have the authority to perform. 3. The 2003 Oregon Transportation Investment Act Program (OTIA), hereinafter referred to as the "2003 OTIA Modernization Program ", provides funding for modernization projects chosen by the Oregon Transportation Commission. 4. In August 2005, the Oregon Transportation Commission approved the projects to be funded under the 2003 OTIA Modernization Program as part of the 2006 -2009 Statewide Transportation Improvement Program (STIP) development process. The 1 -5 OR 99W Tualatin - Sherwood Connector project was included in said STIP, but that project has now been cancelled, and a portion of that approved OTIA funding, in the amount of $1,000,000, has been applied to a proposed project: OR 99W /SW Gaarde Street/SW McDonald Street Intersection by OTC approval, January 14, 2010, Item I. 5. Considering that the accepted CITY proposed project mentioned above is to improve safety and capacity in a heavily congested intersection of 99W and considering the fact that the new arterials proposed for addressing traffic demand from 99W to 1 -5 are likely a number of years away, it is important for the success of the proposed project so that the existing route function as safely and efficiently as possible. Consequently, the OTC determined, as a requirement for OTIA funding, that before preliminary engineering and construction begins, a joint ODOT /CITY study for the proposed project should be developed. The purpose of this Agreement is to address the OTC requirement for the study prior to the commencement of project activities for the 99W /Gaarde project and the payment for those services from the granted funding. The OTIA funding will be Key No. 16968 CITY OF TIGARD /ODOT Agreement No.26,629 allocated as follows: $850,000 being awarded toward funding of the design and construction of the proposed project and $150,000 to being managed by ODOT for the Study. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, CITY wishes to retain the services of ODOT to be the lead agency for the Phase 1 Joint Study for the proposed 99W /SW Gaarde Street SW McDonald Street Intersection, hereinafter referred to as "99W /Gaarde" and to perform the work to complete the study, hereinafter referred to as "Study ". A description of the Study Scope, Schedule and Budget are shown in Exhibit A, attached hereto and by this reference made a part hereof. The estimated cost of the Study is $150,000. Funding for the Study shall come from the allocated OTIA funding available to the CITY and as shown in Exhibit A. 2. Should Study costs exceed the estimated cost an amendment to this Agreement is required prior to incurring such additional costs. Should the cost of the Study be less than $150,000, all remaining funding beyond the cost of the Study shall be available to CITY for all actual and eligible costs for the proposed future 99W /Gaarde project. 3. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate six (6) months after the execution of this Agreement and final payment. Only work begun after the effective date of this Agreement is eligible for reimbursement with 2003 OTIA Modernization Program funds. 4. The funds available under the 2003 OTIA Modernization Program are State Highway Funds. To be eligible for reimbursement under the 2003 OTIA Modernization Program, expenditures must comply with the requirements of Article IX, Section 3a of the Oregon Constitution. 5. CITY and ODOT have a joint obligation to ensure timely expenditure of 2003 OTIA Modernization Program monies and to comply with the provisions of the bonds that finance the 2003 OTIA Modernization Program. ODOT OBLIGATIONS 1. ODOT shall, at Study expense, perform the work described in Exhibit A. 2. ODOT shall keep accurate cost accounting records for ODOT and consultant services. ODOT shall provide detailed reports of such services directly to CITY's Project Manager upon request. Under no conditions shall the Study's costs exceed $150,000, including all Study (ODOT /Consultant/CITY) expenses, without an amendment to this Agreement. 2 CITY OF TIGARD /ODOT Agreement No.26,629 3. ODOT shall reimburse CITY for eligible, actual costs incurred by the CITY on behalf of the Study as described in Exhibit A. Payment will be made within forty -five (45) calendar days from receipt of the invoice. 4. The estimated total cost of the Study is $150,000 of 2003 OTIA Modernization Program funds committed for the Study. Under no conditions shall State's total obligation exceed $150,000, including all expenses. 5. ODOT shall not enter into any subcontracts for any of the work scheduled under this Agreement without obtaining prior written approval from CITY. 6. ODOT certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of ODOT, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind ODOT. 7. ODOT's Project Manager for this Project is Tim Wilson, 123 NW Flanders Street, Portland, OR 97209 -4012, 503 - 731 -8534, timothy.j.wilson @odot.state.or.us, or an individual designated by the ODOT's Region 1 Manager in the event of the unavailability of the aforementioned individual. CITY OBLIGATIONS 1. Should Study costs exceed $150,000, an amendment to this Agreement is required prior to incurring said additional costs. 2. CITY staff shall also participate in Study as described in Exhibit A. CITY may charge to the cost of the Study for their staff participation described in Exhibit A. CITY shall prepare and submit monthly itemized, progress invoices for the Study directly to ODOT's Project Manager for review and approval. Such invoices will be in a form identifying the Project, the Agreement number, the invoice number or the account number or both, and will itemize all expenses for which reimbursement is claimed. 3. CITY shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235 and 279B.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, CITY expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 3 CITY OF TIGARD /ODOT Agreement No.26,629 4. CITY shall perform the service under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings 5. Upon completion of the Study, any remaining OTIA funding dedicated to the Study will become available for the eligible and actual costs incurred by the CITY for all phases of the future 99W /Gaarde project upon entering into a separate OTIA Modernization Program Agreement with ODOT. 6. CITYs Project Manager for this Project is Michael McCarthy, Senior Project Engineer, 13125 SW Hall Blvd, Tigard, OR 97223 503 - 718 -2462 mikem a(� tigard- or.gov or an individual designated by the CITY Public Works Director upon the aforementioned individual's absence. ODOT's Project Manager shall be notified in writing of any contact information changes during the term of this Agreement. GENERAL PROVISIONS 1. This Agreement may be terminated by mutual written consent of both Parties. 2. ODOT may terminate this Agreement effective upon delivery of written notice to CITY, or at such later date as may be established by ODOT, under any of the following conditions: a. If CITY fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If CITY fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow ODOT, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. d. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or ODOT is prohibited from paying for such work from the planned funding source. 4 CITY OF TIGARD /ODOT Agreement No.26,629 3. CITY may terminate this Agreement effective upon delivery of written notice to ODOT, or at such later date as may be established by CITY, under any of the following conditions: a. If ODOT fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If ODOT fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as CITY may authorize. 4. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 5. Both Parties shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save and hold harmless each other, their officers and employees from any and all claims, suits, or actions of any nature arising out of activities of the indemnifying Party, its officers, employees or agents in their respective performance under this Agreement. Total liability shall not exceed the tort claims limits provided in Oregon Tort Claims Act, ORS 30.260 to 30.300, for `local public bodies'. 6. Notwithstanding the foregoing defense obligations under the Paragraph above, no Party, or any attorney engaged by a Party, shall defend any claim in the name of any other Party or any agency /city /department/division of such other Party, nor purport to act as legal representative of any other Party or any of its agencies /departments /divisions, without the prior written consent of the legal counsel of such other Party. Each Party may, at anytime at its election, assume its own defense and settlement in the event that it determines that the other Party is prohibited from defending it, or that any other Party is not adequately defending its interests, or that an important governmental principle is at issue or that it is in the best interests of the Party to do so. Each Party reserve all rights to pursue any claims it may have against the other if it elects to assume its own defense. 7. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 8. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective 5 CITY OF TIGARD /ODOT Agreement No.26,629 only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledges that its signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. The funds for this Study were approved by the OTC on January 14, 2010 as an amendment to the 2008 -2011 Statewide Transportation Improvement Program (Key #16968). The Oregon Transportation Commission on December 29, 2008, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day -to- day operations. Day -to -day operations include those activities required to implement the biennial budget approved by the Legislature, including activities to execute a project in the Statewide Transportation Improvement Program. On August 2, 2005, the Director, Deputy Director, Highways and Chief Engineer approved Subdelegation Order No. 5, in which the Director, Deputy Director, Highways and Chief Engineer delegate authority to the Region Managers to approve and sign intergovernmental agreements over $75,000 up to a maximum of $500,000 when the work is related to a project included in the Statewide Transportation Improvement Program (STIP) or in other system plans approved by the Oregon Transportation Commission or in a line item in the legislatively adopted biennial budget. SIGNATURE PAGE TO FOLLOW 6 CITY OF TIGARD /ODOT Agreement No.26,629 CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Mayor Region 1 Manager Date Date By APPROVAL RECOMMENDED Recorder By Date Technical Services Manager /Chief Engineer APPROVED AS TO LEGAL Date SUFFICIENCY By By CITY Counsel Region 1 Planning Manager Date Date CITY Contact: Michael McCarthy By 13125 SW Hall Blvd District 2A Manager Tigard, OR 97223 Phone: 503 - 718 -2462 Date Email: mikem @tigard - or.gov APPROVED AS TO LEGAL ODOT Contact: SUFFICIENCY Name/Title: Tim Wilson 123 NW Flanders Street By Portland, OR 97209 -4012 Assistant Attorney General Phone: 503 - 731 -8534 Email: timothy .j.wilson @odot.state.or.us Date: 7 M. C. & A. No. 26,629 EXHIBIT A SCOPE, SCHEDULE, BUDGET OR 99W /SW Gaarde Street/SW McDonald Street Intersections Joint Study Conceptual Intersection Layout Phase 1 PROJECT DESCRIPTION 1. This is Phase 1 of the 99W /SW Gaarde /SW McDonald Intersection Improvement Project in the CITY. Phase 1 is the initial conceptual layout phase to determine the technical feasibility of improvements to the intersection. It is a joint effort with the CITY and ODOT to analyze and develop potential intersection improvement concepts. This will be an internal technical analysis between ODOT technical staff and the CITY staff. 2. Phase 1 is being funded with $150,000 of the $1.0 million OTIA III funds allocated to the CITY by the Oregon Transportation Commission in January 2010 from the I -5/99W Connector project. The remaining funds from the $1.0 million will be used by the CITY to develop the conceptual layout of Phase 1 into a development project. Task 1: ADMINISTRATION Task 1.1: Project Management ODOT Staff will manage Phase 1 of the project, which will be funded with OTIA III funds received by the CITY. ODOT will provide on -going project management. Deliverable: Project Team will be formed to assist in the development of the project; the team will consist of ODOT Staff, CITY Staff, and a consultant. Task 2: PROJECT INITIATION Task 2.1: Project Kick -off Project Team will meet to discuss the corridor context; identify project problems and parameters, and project area. Determine data needs for problem identification: a. Traffic data / analysis b. Accident history c. Existing mapping Deliverables: a. Assignment of tasks for Data Collection. b. Selection of a Traffic Engineer consultant. M. C. & A. No. 26,629 EXHIBIT A SCOPE, SCHEDULE, BUDGET Task 3: BACKGROUND ENGINEERING, TRAFFIC AND PLANNING REVIEW AND ANALYSIS Task 3.1 Define Study Area The Project Team will determine the area of impact and define project Study area. Subject to further analysis, Study area boundaries are tentatively established as the SW Gaarde Street and SW McDonald Street intersection with Highway 99W and the approaches to this intersection. Task 3.2 Engineering Data Collection and Review Task 3.2.1 Engineering Document and Data Review Identify, collect, and review relevant engineering documents for the Study area including: a. ODOT Highway Design Manual b. ODOT Analysis Procedures Manual (TPAU) c. CITY Design Standards d. Metro Street Design Manual e. Current traffic counts Task 3.2.2 Review of Existing Plans, Standards, and Policies The Parties or their consultant shall collect, review, and document existing planning data and conditions for the purpose of general orientation of the project. This task will identify relevant plans, assumptions, timetables and outcomes that could affect the 99W /Gaarde /McDonald intersection area. The goal is to understand the planned land uses in the general project area, and the planned transportation network, and to review any previous studies regarding the transportation network and its relationship to land use. Existing plans and studies to be reviewed include, but are not limited to: a. 2035 Regional Transportation Plan (Metro January 2008) b. Washington 2020 County Transportation Plan (October 2002) c. Tigard Transportation Plan (2002) and Draft 2010 Tigard Transportation System Plan d. Tigard 99W Improvement and Management Plan — Final Report, July 2007 and adopting ordinances e. Plans for the Pacific Hwy 99W / Hall / Greenburg / Main project currently under construction. f. Project Team shall review and comment on existing planning data. Deliverables: a. Preparation of a map of the Study area boundary. b. Preparation of a technical memo of the background engineering, traffic and planning data. The technical memo shall focus on the most relevant 2 M. C. & A. No. 26,629 EXHIBIT A SCOPE, SCHEDULE, BUDGET policies, standards, and recommendations, and serve as a tool when policy and improvement strategies are under consideration. TASK 4 ENVIRONMENTAL BASELINE REPORT (EBR) (Contingency Task) An Environmental Baseline Report shall be prepared for this Study. The EBR would result in an environmental assessment and constraints map to identify broad categories of environmental resources that occur in the general project area and to identify constraints and opportunities to be considered in the development of alternatives. Impact assessment will not be completed as part of this Study. The primary task is to collect existing information to document the environmental conditions and determine what gaps exists in the inventory. Task 4.1 Prepare Technical Report Consultant shall prepare a Technical Report according to ODOT Environmental Baseline Report Guidelines February, 2006. a. Technical Memos shall be produced for the following disciplines: Air Quality, Archeological Resources, Biology (e.g., plants, fisheries, wildlife, and noxious weeds), Hazardous Materials, Historic Resources, Land Use, Noise, Section 4(f) /6(f) resources, Socioeconomic (e.g., Environmental Justice and residential, business, community resources), Water Quality, Wetlands and other waters of the U.S. /State, and Visual Resources. b. Technical Memos shall be required for each discipline to demonstrate that a qualified professional surveyed the project area and to support conclusions, determinations, or recommendations included in the EBR. Deliverables: a. Consultant shall prepare a Technical Report according to the format prescribed under the Content section of the ODOT Environmental Baseline Report Guidelines February, 2006. b. Consultant shall prepare the base maps for the EBR Baseline Map(s) shall be developed in accordance with Agency GIS Data Standards_A sufficient number of individual baseline maps (referred to as "maps ") shall be produced to address each resource covered by the ODOT Environmental Baseline Report Guidelines February, 2006. With the exceptions of the disciplines, Archaeology and Wetlands and other Waters of the U.S. and State, more than one environmental discipline may be addressed in a single map as long as each issue is clearly delineated on the map and identified in the legend. c. ODOT Region Environmental Coordinator will coordinate, review, and approve the EBR. TASK 5 EXISTING TRAFFIC CONDITIONS ANALYSIS Task 5.1 Crash Data 3 M. C. & A. No. 26,629 EXHIBIT A SCOPE, SCHEDULE, BUDGET Current crash data over the most recent five -year period on Highway 99W as well as intersections on the local system within the Study area shall be compiled. Data compiled should include location, day of week, time of day, type of crash, types of vehicles involved, number of injuries and severity of injuries. Identify top 10 percent ODOT Safety Priority Index System (SPIS) sites in the Study area. Task 5.2 Traffic Counts Existing traffic count data shall be collected for the Study intersections, including freight, bicycle, and pedestrian data. The Study intersections will be identified based on the Study area defined in Task 2.1. Task 5.2.1 Turning Movement Traffic Counts Collect weekday midweek AM (7 -9 AM) and PM (4 -6 PM) peak periods turn movement counts at these intersections. Traffic volumes obtained must be adjusted to reflect the 30 highest annual hour of traffic volumes. Task 5.2.2 Hose Tube Traffic Counts Collect hose tube counts at an identified list of locations. Tube counts will include the breakdown of autos, light trucks and heavy trucks. Consultant shall confirm vehicle classification definition with ODOT. Task 5.2.3 Effects of Nearby Construction Intersection Improvements are currently under construction to increase capacity at the intersections of Pacific Hwy 99W with Hall Boulevard and with Greenburg Road / Main Street an estimate will need to be made of the change in traffic volumes at the 99W /Gaarde /McDonald intersection that will result from these capacity increases. Task 5.3 Existing Operational Analysis Using Synchro /Simtraffic, perform AM and PM peak hour intersection volume -to- capacity (v /c), level of service (LOS), and queuing analysis at Study intersections. Deliverables: a. Consultant shall prepare a technical memo describing the existing and imminent traffic data and the operations of the facility. The technical memo shall identify safety and capacity deficiencies in the Study area. b. The Project Team will review and provide comments on the technical memo. Consultant shall revise technical memo to address comments. 4 M. C. & A. No. 26,629 EXHIBIT A SCOPE, SCHEDULE, BUDGET TASK 6 FUTURE 2035 NO -BUILD ANALYSIS This task will include the simulation and analysis of conditions forecast to be present in 2035 under a No -Build scenario with only improvements in place from the financially constrained list in the Metro Regional Transportation Plan (RTP) for the Study area, not including improvements at the subject intersection. Task 6.1 Travel Demand Model Review and Assessment Review Metro 2035 travel demand model and associated land use assumptions and forecasts. Review Traffic Analysis Zones (TAZ) in the Study area boundaries and make recommendations on disaggregation to support future land -use assumptions. Review the future no -build transportation model networks in the Metro travel demand model. Consultant's review must include level of network detail, travel speeds, link capacity, and assumptions on future improvement projects included in the model. Task 6.2 Future Volume Development (2035) Coordinate with Metro and develop 2035 travel forecasts for the Study area. Post - process 2035 travel forecast in accordance with National Cooperative Highway Research Program (NCHRP) Report 255 guidelines and develop 4 -hour AM (6AM -10AM) and 5 -hour PM (2PM- 7PM) balanced traffic volumes, for the 99W /Gaarde /McDonald intersection. Other intersections in the Study area will require 1 -hour AM and 1 -hour PM peak period volume for analysis. Task 6.3 Future No -Build Operational Analysis Using Synchro /Simtraffic, perform traffic operational analysis for all Study intersections outside of the Vissim model. For the 99W /SW Gaarde /SW McDonald intersection area, traffic operational results including travel time, speed, delay, and queue length shall be presented. For all other intersections, traffic operational results including volume -to- capacity (v /c), level of service (LOS), and queue length shall be presented. Coordination and collaboration with CITY and ODOT technical staff will be required. Deliverables: a. Consultant shall prepare a technical memo that reviews the Metro travel demand model and land use assumptions and forecasts. b. Consultant shall prepare a technical memo for the 2035 No -build operational analysis of the Study area, including documentation of the analysis methodology used. It is assumed the technical memo will incorporate analysis results for the 99W /Gaarde /McDonald intersection area and all other intersections within the Study area. The technical memo shall identify capacity and operational deficiencies in the Study area. 5 M. C. & A. No. 26,629 EXHIBIT A SCOPE, SCHEDULE, BUDGET TASK 7 DEVELOP AND EVALUATE FUTURE IMPROVEMENT CONCEPTS TASK 7.1 Project Team Meeting /Brainstorming Session For this task the Project Team will participate in a brainstorming session to develop a project problem statement and purpose and need statement based on the transportation system deficiencies and constraints based on the environmental and traffic background analysis. To assist the formulation of the project statements, the opportunities and constraints from Tasks 3, 4, and 5 will be delineated for the Study area. Task 7.2 Alternative Concepts The Project Team will develop screening criteria to compare alternative concepts and evaluate the technical feasibility policy conformity and the purpose and need of the project. ODOT Staff will develop alternative concepts for a range of improvements that address the needs of the 99W /Gaarde /McDonald intersection area. The Problem and Purpose and Need statements will be used to create a range of potential future improvements to be tested. Based on the evaluation of the criteria, screen out improvements and selected the most promising improvement concepts to advance to the next level of analysis. Deliverables: a. Project Team shall attend and participate in a brainstorming session to develop the purpose and need of the project. b. ODOT Staff will prepare sketch level layouts for the intersection improvements of the alternative concepts. c. Project Team shall meet and select a promising alternative(s). TASK 8 EVALUATE SELECTED ALTERNATIVE(S) With selected alternative concepts from Tasks 6.5, perform more detailed analysis for the future development of the intersection for the potential safety, roadway and operational improvements to address existing and future travel demand. Task 8.1 Traffic Operational Analysis of Alternative Concepts A more detailed traffic operational analysis of the selected improvements shall be performed. Each improvement shall be evaluated to determine if it can be implemented as a stand -alone project and how it will fit into the overall system wide improvement. Compare and prioritize alternative concepts. Task 8.2 Project Cost Estimates and Environmental Classification Prepare cost estimates for all improvements on the project list. These estimates can be an update of estimates contained in the 2035 RTP, or new estimates prepared using a comparably detailed estimation methodology. Deliverables: 6 M. C. & A. No. 26,629 EXHIBIT A SCOPE, SCHEDULE, BUDGET a. The Project Team shall develop alternative concepts for a range of improvements for the intersection and the local system that address capacity, connectivity and safety issues within the Study area. b. ODOT Staff shall develop a planning -level cost estimate for each concept. Consultant shall prepare a prioritized list of potential safety, roadway and operational improvements to address existing and future travel demand. TASK 9 NEXT STEPS Task 9.1 Develop an Outline This task will outline the key steps required to develop a project for the intersection improvements. The key concerns for the project development should include the environmental classification, and the public involvement process. Deliverables: • The Project Team shall meet to discuss the project's next steps. SCHEDULE It is anticipated that this work could be completed in 4 to 6 months after the Notice to Proceed is authorized. SCHEDULE AND BUDGET TABLE TO FOLLOW 7 M. C. & A. No. 26,629 EXHIBIT A SCOPE, SCHEDULE, BUDGET 9 9W/Gaardefil cDonad Conceptual Intersection Layout Phase Schedule and Budget Task Schedule Budet o to 3 13 ro 4 ID 5 15 o 6 cy 1 :k.DCW5 Tike,&,4,14 of 1ConsultkM ;Cusnultani ;Torn Bo. ........... ........ I ..... . .. ... ..... .. ......... ......... Task ADMINISTRATION [§FEZFfE;::: . .............. ............. . . ........... ..... . ....... Task n PROJECT INITIATION .................... ......... ............. ''' ' Task : BACKGROUND ENGINEERING, TRAFFIC AD PLANNING REVIEW ANDAflALV$IS E s ' s Soo s J,co Task 41 ENVIRONMENTAL BASELINE REPORT (ERR) (contingency Task) e ................................................................... I ..... .............. 0511 ..... ............. ......... ... ....... ...... ........ I 5 00 S 51 0 ..... 51 S 00 . ........................ ... ............ Task 5 OUSTING TRAFFIC CONDITIONS ANALYSIS ...... ......... .............. ......... ......... ::1 ..... . .... .. ......................... .... .... . ..... ........ ..... ............ ......... S Sc .. .......... ........... .. ........ . ........... ............ 11 5 ... .......... ..... ..... ........ ..... ...... S 551 005 0 .......... ... .............................. ....... ....... E ......... ..... ....................... ......... ...1.................... ...... I. .................... ... .. ... ............................... .............. ..... . ... .. ... ............... ........ Task 6 FUTURE 0035 NO-BUILD ANALYSIS ................ ...... ...... .............. ....... :::::::: .... ........... ...... 00 . ... ............. ::::::: ........ TASK 7 DEVELOP AND EVALUATE FUTURE 1MPROVEMENT CONCEPTS TASK II EVALUATE SELECTED ALTERNATIVES) TASK 9 NEXT STEPS ..... ... ............ ..... ::::::: . ..... ..... ................................ ...... ..... ....... ........ 8 AIS -24 Item #: 5. 5. Business Meeting Date: 07/27/2010 Length (in minutes): Consent Item Agenda Title: Approve IGA Amendment with Washington County and ODOT to Record Revised Funding of the Pacific Hwy /Hall Blvd Project Prepared By: Kathy Mollusky, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Information ISSUE Shall the Council authorize the Mayor to sign the IGA amendment with ODOT and Washington County to swap Oregon Transportation Investment Act (OTIA) funds in place of County Major Streets Transportation Improvement Program (MSTIP) funds for the Pacific Hwy /Hall Blvd project? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends signing the amendment. KEY FACTS AND INFORMATION SUMMARY This amendment relates the ODOT / County / City agreement to construct the Pacific Hwy / Hall Blvd improvements. The primary purpose of the original IGA was to allocate funding responsibilities between ODOT and the County. The City is not participating in funding the Pacific Hwy / Hall Blvd improvements. The City was asked to sign the agreement only because we want street trees and landscaping as part of the project, and ODOT required the City to assume maintenance responsibility for these trees and landscaping. The original agreement was signed by Mayor Dirksen on October 27, 2009. This amendment does not change our participation in funding and building the Pacific Hwy 99W / Greenburg Rd / Main St project which is covered by another IGA. The original Pacific Hwy / Hall Blvd. IGA placed most of the funding for the Hall Blvd Intersection on the County, with some ODOT contribution. The amendment memorializes a substantial increase in ODOT funding while Washington County's share of the project substantially decreases. ODOT will be providing $6 million in Oregon Transportation Investment Act III (OTIA III) funds, $750,000 from other ODOT funds and Washington County funding is reduced from $5.518 million to $400,000 from the County's Major Streets Transportation Improvement Program (MSTIP) funding for the project. The project is still fully- funded and is still proceeding through the construction phase. This funding change releases $5.118 million in County funds to enable the County to address other key priorities that otherwise would be delayed. The cost of the Pacific Hwy / Hall Blvd project has increased, primarily due to field conditions and right -of -way negotiations. This will be paid for with ODOT and County funds, at no cost to the City. While this amendment has no impact on the City of Tigard, we are being asked to sign the amendment because we were signatories on the original agreement. OTHER ALTERNATIVES Council could choose to not sign the agreement. This could cause logistical delays between the other two agencies. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Long -Term Council Goals: Continue pursuing opportunities to reduce traffic congestion. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: $0 Budgeted (yes or no): N/A Where Budgeted (department/program): N/A Additional Fiscal Notes: This IGA Amendment would have no fiscal impact on the City of Tigard Attachments Agreement - Amendment 1 Misc. Contracts and Agreements No. 23757 AMENDMENT NUMBER 1 COOPERATIVE IMPROVEMENT AND 2003 OREGON TRANSPORTATION INVESTMENT ACT MODERANIZATION PROGRAM AGREEMENT Pacific Highway West at Hall Boulevard Intersection Improvements The State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as "ODOT"; and Washington County, acting by and through its Board of Commissioners, hereinafter referred to as "COUNTY ", and City of Tigard, acting by and through its elected officials, hereinafter referred to as "CITY "; and collectively all hereinafter referred to as the "Parties "," entered into Agreement 23,757 on February 19, 2010. Said Agreement covers the reconstruction of the intersection of 99W and Hall Boulevard and access management improvements to improve and enhance safety and capacity in the intersection area. It has now been determined by the Parties that the Agreement referenced above shall be amended to increase the total cost of the Project and to revise the funding sources. The change in funding for the Project was approved and revised by the Oregon Transportation Commission (OTC) amending the Statewide Transportation Improvement Program (STIP) on January 1, 2010. Funding was transferred to this Project and other planned or existing projects that would improve traffic conditions in the various areas of a cancelled project. Except as expressly amended below, all other terms and conditions of the Agreement are still in full force and effect. Exhibit A shall be deleted in its entirety and replaced with the attached Revised Exhibit A. All references to "Exhibit A" shall hereinafter be referred to as "Revised Exhibit A." Insert new Exhibits B and C. Insert new Recitals, Paragraphs 6, 7 and 8 to read as follows: 6. The 2003 Oregon Transportation Investment Act Program (OTIA), hereinafter referred to as the "2003 OTIA Modernization Program ", provides funding for modernization projects chosen by the Oregon Transportation Commission. 7. In August 2005, the Oregon Transportation Commission approved the projects to be funded under the 2003 OTIA Modernization Program as part of the 2006 -2009 Statewide Transportation Improvement Program (STIP) development process. The I -5 OR 99W Tualatin- Sherwood Connector was included in that STIP, but that project has now been cancelled, and a portion of that approved OTIA funding has been applied to this Project by OTC amendment as of January 1, 2010, as described in Exhibit A, attached hereto and by this reference made a part hereof. 8. The Oregon Transportation Commission approved this Project on the condition that an Access Management Plan is prepared in accordance with Oregon Administrative Rule 734- 051. Key Number 15473 ODOT /Washington County and City of Tigard Agreement No. 23,757 -01 Terms of Agreement, Paragraph 2, Page 1, which reads: 2. The Project total estimated cost is $6,268,000. The budget is shown on Exhibit "A ". The estimate for the total Project cost is subject to change. The COUNTY is contributing $5,518,000 in funds through the COUNTY Major Streets Transportation Improvement Program. ODOT shall contribute an amount not to exceed $750,000 in state funds for the preliminary engineering component of the Project. In addition, ODOT services at the cost of the Project, as further described in ODOT Obligations paragraphs 2 through 6, shall be withheld from ODOT's contribution. The total estimated cost of said ODOT review and technical services is $30,000. The COUNTY shall be responsible for all Project costs to complete the Project beyond ODOT's contribution for the preliminary engineering component of the Project. Shall be deleted in its entirety and replaced with the following: 2. The Project total estimated cost is $7,150,000. The estimate for the total Project cost is subject to change. The budget is shown on Exhibit "A ". The COUNTY is contributing up to $400,000 in funds through the COUNTY Major Streets Transportation Improvement Program (MSTIP). ODOT shall contribute an amount not to exceed $6,000,000 in OTIA III funds and $750,000 in state funds for the Project. The 2003 OTIA Modernization Program funds are limited to $6,000,000. Due to the timing of ODOT and the OTC making OTIA funding available to this Project ODOT agrees to retroactively reimburse COUNTY with a one -time payment to the COUNTY within thirty (30) days of receipt of proper documentation for OTIA III eligible project expenses occurring prior to April 1 2010. Future disbursements shall be as described in COUNTY Obligations, Paragraph 32 of this amendment. In addition, ODOT will provide services at Project expense, as further described in ODOT Obligations paragraphs 2 through 6 and paragraph 8, the cost of these services shall be withheld from ODOT's state funds contribution. The total estimated cost of said ODOT review and technical services is $30,000. The COUNTY shall be responsible for all Project costs to complete the Project beyond ODOT's contribution for the Project. Terms of Agreement, Paragraph 3, Page 2, which reads: 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance and power responsibilities for the useful life of the facilities constructed as part of the Project. The Project shall be completed within ten (10) calendar years following the date of final execution of this Agreement by both parties. 2 ODOT /Washington County and City of Tigard Agreement No. 23,757 -01 Shall be deleted in its entirety and replaced with the following: 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance and power responsibilities for the useful life of the facilities constructed as part of the Project. The Project shall be completed according to the schedule outlined in COUNTY Obligations, Paragraph 31. Insert new Terms of Agreement, Paragraphs 4 and 5, to read as follows: 4. The funds available under the 2003 OTIA Modernization Program are State Highway Funds. To be eligible for reimbursement under the 2003 OTIA Modernization Program, expenditures must comply with the requirements of Article IX, Section 3a of the Oregon Constitution. 5. COUNTY and ODOT have a joint obligation to ensure timely expenditure of 2003 OTIA Modernization Program monies and to comply with the provisions of the bonds that finance the 2003 OTIA Modernization Program. COUNTY Obligation, Paragraph 28, Page 6, which reads: 28. COUNTY's Project Manager for this Project is Daniel Erpenbach, 1400 SW Walnut Street, MS 18, Hillsboro, Oregon 97123 -5625, phone: 503- 846 -7877, email: daniel- erpenbach @washington.or.us, or assigned designee upon individual's absence. Shall be deleted in its entirety and replaced with the following: 28. COUNTY's Project Manager for this Project is Daniel Erpenbach, 1400 SW Walnut Street, MS 18, Hillsboro, Oregon 97123 -5625, phone: 503- 846 -7877, email: daniel- erpenbach @washington.or.us, or assigned designee upon individual's absence. Insert new COUNTY Obligations Paragraphs for OTIA Program Requirements, Paragraphs 29 to 39, 29. COUNTY, or its consultant, shall submit to its governing body for consideration of adoption those policies, actions, or other measures specified in the Access Management Plan as may be needed to amend its Transportation System Plan, Comprehensive Plan, or other land use codes. 30. The Project shall be developed in conformance with COUNTY's standards. If COUNTY has not adopted standards of its own, the Project shall be developed in conformance with the current edition of A Policy on Geometric Design of Highways and Streets by the American Association of State Highway and Transportation Officials (AASHTO). 3 ODOT /Washington County and City of Tigard Agreement No. 23,757 -01 31. COUNTY shall provide ODOT with sufficient information to complete a Project prospectus to ensure ODOT can track the Project using ODOT's reporting systems. a. COUNTY shall submit documentation to ODOT's Project Liaison that shows that COUNTY has met the Project key milestones. The Project key milestones, dates, and required documentation are shown below: i. Planning documents listed in COUNTY Obligations, Paragraph 29 above: December 2010 ii. Anticipated Bid Let Date Quarter /Year: March 8, 2010 iii. Documentation: Copies of the bid results including awarded bid amount and awarded contractor name. iv. Contract Award: April 6, 2010 v. Documentation: Notice to contractor regarding award of contract. vi. Construction Completion: December 17, 2010 vii. Documentation: A letter from COUNTY indicating that all required construction work is satisfactorily completed and open to traffic. December 17, 2010 viii. Project Completion: December 17, 2011 ix. Documentation: Letter from COUNTY indicating that the Project is complete and accompanied by COUNTY's final billing to ODOT. Include final accounting of all funds expended —vs— budgeted. b. If the COUNTY does not meet a Project milestone date within three (3) months of the date specified in COUNTY Obligations, Paragraph 31.a., reimbursement of COUNTY's Project expense, may, at the discretion of ODOT, be changed to one -half of the rate specified in ODOT's Obligation's, Paragraph 16.a., until such time as the milestone has been completed and the Project is back on schedule. c. Immediately upon missing a milestone date, COUNTY and ODOT shall establish a Project review team including COUNTY's Project Liaison and ODOT's Project Liaison, at a minimum, and may include such other members as are deemed necessary. The Project review team shall determine (a) if failure to complete the milestone in question will jeopardize successful completion of Project, (b) what steps must be taken by COUNTY to ensure successful completion of Project, and (c) revise the Project schedule, if changes are required. 4 ODOT /Washington County and City of Tigard Agreement No. 23,757-01 d. In the event that the Project schedule outlined in COUNTY Obligations, Paragraph 31.a. is revised pursuant to COUNTY Obligation, Paragraph 31.c., the COUNTY's Project Liaison and ODOT's Project Liaison shall incorporate the revised schedule into this Agreement through a formal amendment to this Agreement. e. When the Project is back on schedule according to the milestones set out in COUNTY Obligations, Paragraph 31.a., including a revised schedule adopted by formal amendment, COUNTY shall receive any funds withheld by ODOT under the provisions of ODOT's Obligations, Paragraph 16.b. 32. COUNTY shall present invoices for the eligible, actual costs incurred by COUNTY on behalf of the Project directly to ODOT's Project Liaison for review and approval. Such invoices shall be submitted in the form as shown on Exhibit "C ", OTIA III Progress Billing Form, attached hereto and by this reference made a part hereof. Invoices will identify the Project and Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Invoices shall be presented for periods no greater than one (1) month, based on actual expenses incurred, and must clearly specify the percentage of completion of the Project. 33. COUNTY shall submit a billing at the time COUNTY documents that Construction Completion, as set out in COUNTY Obligations, Paragraph 31, is complete. The billing will indicate total Project costs incurred to date, whether there are unresolved claims, and the anticipated timeline for resolving claims and closing the Project. 34. Utility relocation or reconstruction may or may not be an eligible Project expense according to the following standard: a. The expense is an eligible expense if the owner of the utility facility possesses a property right for its location on the public right of way. b. The expense is not an eligible expense if the owner of the utility facility does not possess a property right for its location, but the facility exists on the public right of way solely under the permission of the COUNTY or other road authority, whether that permission is expressed or implied, and whether written or oral. 35. COUNTY shall place signs that identify Project as "Another Project Funded by 2003 Oregon Transportation Investment Act" (ODOT approved design). COUNTY may affix additional signage that identifies local funds used for the Project. 36. COUNTY agrees that it will call attention to the Project and help make it visible to the public. 5 ODOT /Washington County and City of Tigard Agreement No. 23,757 -01 37. COUNTY agrees to provide to ODOT, progress information and photographs in a suitable format for posting on the 2003 OTIA Modernization Program web site maintained by ODOT and to provide appropriate links from COUNTY's web sites to the OTIA web site. 38. COUNTY agrees to comply with the conditions for Project approval adopted by the Oregon Transportation Commission, as set out in Exhibit B, Special Conditions, which is attached hereto and made part of this Agreement. 39. COUNTY agrees to work cooperatively with ODOT in developing an Access Management Plan that complies with the requirements of OAR 734 -051. The COUNTY agrees that the spacing standards and deviation criteria specified in OAR 734 -051 or the local Transportation System Plan, whichever is more restrictive, will be applied to the Project. ODOT Obligation, Paragraph 7, Page 8, which reads: 7. ODOT's total contribution for the Project shall not exceed $750,000. Upon execution of this Agreement, and receipt of a letter of request from the COUNTY, ODOT shall pay $750,000 for the Project (minus the amount described in the paragraphs above and below for various ODOT services), said amount being equal to the ODOT contribution to the Project. Shall be deleted in its entirety and replaced with the following: 7. ODOT's total contribution for the Project shall not exceed $6,000,000 in OTIA Funds and $750,000 in state funds. Upon execution of this Agreement, and receipt of a letter of request from the COUNTY, ODOT shall pay $750,000 for the Project (minus the amount described in the paragraphs above and below for various ODOT services), said amount being equal to the ODOT state funds contribution to the Project. Insert new ODOT Obligations, Paragraphs for OTIA Program Requirements, ODOT, Obligations Paragraphs 16 to 21, 16a.ODOT shall reimburse COUNTY at actual costs incurred up to the maximum amount of 2003 OTIA Modernization Program funds committed for the Project specified in Terms of Agreement, Paragraph 2, provided that COUNTY is meeting the Project milestones set out in COUNTY Obligations, Paragraph 31.a. ODOT shall contribute an amount not to exceed $6,000,000 in 2003 OTIA Modernization Program (OTIA III ) funds and not to exceed $750,000 in other state funds for the Project. When reimbursement is requested, COUNTY shall submit Exhibit C, the OTIA III Progress Billing Form. b. In the event that COUNTY has not met a Project milestone, ODOT shall, at its sole discretion, change its rate of reimbursement to COUNTY to one -half of the rate specified in Paragraph 16.a. until such time as Project is back on schedule. 6 ODOT /Washington County and City of Tigard Agreement No. 23,757 -01 c. When the Project is back on schedule, according to the milestones set out in COUNTY Obligations, Paragraph 31.a., including a revised schedule adopted by formal amendment per COUNTY Obligations, Paragraph 31.d., ODOT shall pay COUNTY any funds withheld by ODOT under the provisions of ODOT Obligations, Paragraph 16.b. d. ODOT agrees to comply with the provisions of ORS 293.462 with regard to timely payment. 17. ODOT certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within ODOT's current appropriation or limitation of current biennial budget. ODOT's Liaison shall: a. Receive any notices provided by COUNTY under this Agreement. b. Review and process for payment, all eligible, actual Project costs incurred within thirty (30) days of the date of receipt of COUNTY'S invoices by ODOT. c. Advise COUNTY, at COUNTY's request, on matters affecting the Project. 18. ODOT shall review the documentation provided by COUNTY to ensure that the Project undertaken by COUNTY is the Project approved by the Oregon Transportation Commission at its January 2010 meeting. 19. ODOT shall not be required to approve COUNTY's selection of contractors, right of way purchase, or engineering design documents, except as the Project design affects the state highway system or as required by the conditions of approval adopted by the Oregon Transportation Commission. 20. ODOT shall maintain a web site for the 2003 OTIA Modernization Program listing Project status and accomplishment information for COUNTY's Project. 21. ODOT shall, through its staff and consultants, prepare the Access Management Plan and identify those policies, actions, or other measures in the Access Management Plan that need adoption by the COUNTY's governing body as amendments to the COUNTY's Transportation System Plan (TSP), Comprehensive Plan, or other land use codes and ordinances. The Access Management Plan will apply spacing standards and deviation criteria in accordance with OAR 734 -051 or the local TSP, whichever is more restrictive. General Provisions, Paragraph 2c, Page 8, which reads: c. ODOT fails to correct such failures within ten (10) days or such longer period as ODOT may authorize. 7 ODOT /Washington County and City of Tigard Agreement No. 23,757 -01 Shall be deleted in its entirety and replaced with the following: c. If COUNTY or CITY fail to correct such failures within ten (10) days or such longer period as ODOT may authorize. Insert new General Provisions, Paragraph 2e, to read as follows: e. If the COUNTY fails to implement policies, actions, or other measures identified in the Access Management Plan under its authority and jurisdiction in a timely manner. Insert new General Provisions, Paragraph 12, to read as follows: 12. If ODOT terminates this Agreement for action by COUNTY due to the reasons described in General Provisions, Paragraph 2 "a" or "b" or "c" "f ' above, COUNTY must reimburse ODOT for all OTTA III funds expended. If COUNTY fails to reimburse ODOT, ODOT may withhold COUNTY's proportional share of State Highway Fund distribution necessary to reimburse ODOT for costs incurred by such COUNTY breach. Insert new General Provisions, Paragraph 13, to read as follows: 13. ODOT and CITY agree to work cooperatively on the application of the Access Management Plan that complies with the requirements of OAR 734 -051. The ODOT and CITY agree that the spacing standards and deviation criteria specified in OAR 734 -051 or the local Transportation System Plan, whichever is more restrictive, will be applied to the Project. This Amendment may be executed in several counterparts (facsimile or otherwise) all of which when together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Amendment so executed shall constitute an original. THE PARTIES, by execution of this Agreement, hereby acknowledges that its signing representatives have read this Agreement, understand it, and agree to be bound by its This Project is amended into the 2008 -2011 Statewide Transportation Improvement Program, (Key #15473) that was approved by the Oregon Transportation Commission on January 1, 2010. The Oregon Transportation Commission on December 29, 2008, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day -to -day operations. Day -to -day operations include those activities required to implement the biennial budget approved by the Legislature, including activities to execute a project in the Statewide Transportation Improvement Program. 8 ODOT /Washington County and City of Tigard Agreement No. 23,757 -01 On September 15, 2006, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director, Highways; Deputy Director to approve and sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program or in other system plans approved by the Oregon Transportation Commission or in a line item in the biennial budget approved by the Director. SIGNATURE PAGE TO FOLLOW 9 ODOT /Washington County and City of Tigard Agreement No. 23,757 -01 Washington County, by and through its Board STATE OF OREGON, by and through of Commissioners its Department of Transportation By By Chair Deputy Director, Highways Date Date APPROVAL RECOMMENDED By Recorder By Region 1 Manager Date Date APPROVED AS TO LEGAL SUFFICIENCY By By Technical Services Manager /Chief Engineer COUNTY Counsel Date Date CITY of Tigard, by and through its elected By officials District 2A Manager By Date Mayor Date By State Traffic Engineer By Date Recorder APPROVED AS TO LEGAL Date SUFFICIENCY APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General By CITY Counsel Date: Date 10 M.C. & A No. 23757, REVISED EXHIBIT A PROJECT DESCRIPTION Washington County and City of Tigard Pacific Highway West at Hall Boulevard Intersection Improvements Project improves the safety and capacity of the existing 99W and SW Hall Boulevard and includes pedestrian safety amenities. Project Cost Estimate Project Financing Preliminary engineering COUNTY Contribution $ 400,000 & design $1,287.000 6% Right of way purchase $2,502,500 Construction $3,360,500 OTIA $6,000,000 84% Total $7,150,000 State Funding $ 750,000 10% Total $7,150,000 100% Page 1 of 2 M.C. & A No. 23757 REVISED EXHIBIT A SW HALL BOULEVARD / HIGHWAY 99W INTERSECTION 1 ' Ilk SW OAK ST h;,... PROJECT 601 LOCATION SW PFAFFLE ST DARTMO Vir • •4 , '-'-.N.,,... • g O . I, ' ' '11111 111116 . 1\111\, . ...., le e .....,-... -.4. , ■ ,Iii,;,,,, ‘4, 1 • 1-1_1 \\NN" r - r - ' '''',., I--- PROJECT 111111‘- - " - {r.. ,,1 c ', "I d ' LOCATION NORTH LI, s's I ---- VAIwtvar DEPARTMENT OF LAND USE & VICINITY MAP TRANSPORTATION # Geonr co 41111% SW HALL BOULEVARD / HIGHWAY 99W INTERSECTION CAPITAL PROJECT PROJECT NO 2523 CMVN: 1+W ' Ofttcof 4 Page 2 of 2 M.C. & A No. 23757 EXHIBIT B SPECIAL CONDITIONS Washington County and City of Tigard Pacific Highway West at Hall Boulevard Intersection Improvements The OTC approved Projects for funding under OT1A III subject to certain conditions: Project requires some right of way acquisition. Project will address access management in the vicinity. M.C. & A No. 23757 Washington County and City of Tigard Pacific Highway West at Hall Boulevard Intersection Improvements EXHIBIT C Oregon Transportation Investment Act III (OTIA) Progress Billing Form Agency: Project: Agreement No: Billing Period: to Costs Amount Percent Incurred Costs Total Claimed Complete This Billed Total Cost Participation Amount Prior Total This This Period Previously To Date Rate Claimed Claimed Period Phase Planning Engineering Design Right of Way Construction Total Submission of this request certifies that, in accordance with the laws of the State of Oregon and under the conditions of approval for the Project identified above, actual costs claimed have been incurred and are eligible pursuant to the Intergovernmental Agreement between Agency and State. Also, no other claims have been presented to, or payment made by, the State of Oregon for those costs claimed for reimbursement. Agency Project Liaison Date (for State use) have reviewed the above Project and related costs and, in my opinion, subject to audit, the costs reflect the progress to date and are eligible for reimbursement in the amount of$ State Project Liaison Date AIS -23 Item #: 5. 6. Business Meeting Date: 07/27/2010 Length (in minutes): Consent Item Agenda Title: Authorize the City Manager to Sign the Dedication and Easement Documents Needed for the Burnham Street Reconstruction Project Prepared By: Kathy Mollusky, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Information ISSUE Shall Council authorize the City Manager to sign the Burnham Street Easement document? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council authorize the City Manager to sign the easement document for the Burnham Street project. KEY FACTS AND INFORMATION SUMMARY • A public utility easement from the City property at Hall Boulevard and Burnham Street (IT/Niche location) is necessary for this project. The easement falls outside the existing public right -of -way area and therefore needs to be granted for the specific purpose of allowing public utility installation. Utilities such as NW Natural and Verizon/Frontier will be using this utility easement for the placement of conduits to continue service. OTHER ALTERNATIVES Council could decide not to sign the easement document and direct staff on how to proceed. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Long -Term Council Goals: Continue implementing Downtown Urban Renewal Plan DATES OF PREVIOUS COUNCIL CONSIDERATION none Fiscal Impact Cost: 0 Budgeted (yes or no): No Where Budgeted (department /program): N/A Additional Fiscal Notes: The property is owned by the City of Tigard. Attachments Burnham Utility Easement RETURN RECORDED DOCUMENT TO: • CITY HALL RECORDS DEPARTMENT', • CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 • CORPORATION File No CIP2009 -00001 EASEMENT PUBLIC UTILITY - PERMANENT Space above reserved for Washington County Recording Information City of Tigard hereinafter called the Grantors, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting, and repairing of public utilities and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in Exhibit "A ", situated in the City of Tigard, Washington County, State of Oregon. THE TRUE CONSIDERATION for this conveyance is $ 0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that • such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if the Grantee, its successors or assigns should cause the easement to be vacated, the right of the Grantee in the above - described easement will be forfeited and shall immediately revert to the Grantors, their successors, and assigns in the case of such event. TO HAVE AND TO HOLD the above - described and granted premises unto the Grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand on this day of , 20 • • • City of Tigard Name of Corporation Signature — Craig Prosser 13125 SW Hall Blvd City Manager • Address Title • Tigard, OR 97223 • Signature STATE OF OREGON) )ss. Title County of Washington ) This instrument was acknowledged before me on (date) by Craig Prosser (name(s) of person (s)) as City Manager (type of authority, e.g., officer, trustee, etc) of City of Tigard, (name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Accepted on behalf of the City of Tigard this day of , 20 NO CHANGE IN TAX STATEMENT City Engineer I • DESCRIPTION FOR UTILITY EASEMENT • A parcel of land located in the Northeast one - quarter of Section 2, Township 2 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a portion of the land owned by the City of Tigard as described in Document Numbers 91019636 as recorded in the Washington county Deed Records; the right -of -way described as follows: Commencing at the intersection of the southerly right -of -way of SW Burnham Street and the westerly line of the deed from R. Dean Schmitz and Dorothy Schmitz to the City of Tigard as recorded in Document Number 91019636 of the Washington county deed records; thence S 02° 14' 58" W, along the westerly line of said Document No., a distance of 17.50 feet to the True Point of Beginning also being the southwest corner of the right -of -way dedication recorded in • • Document No. 2007 - 51939; Thence S 88° 11' 21" E, along the southerly right -of -way line of SW Burnham Street 37.50 feet from center line, a distance of 117.00 feet; Thence S 01° 48' 38" W a distance of 10.00 feet; Thence N 88° 11' 21" W, parallel with and 10.00 feet from said southerly right -of -way, a distance of 117.08 feet to the west line of Document No. 91019636; Thence N 02° 14' 58" E, along said west line, a distance of 10.00 feet to the point of beginning. Containing 1701 Sq. Ft. i:lengyohnrhlhurnham utiltiy easemen Iniche.doc N. 1 1 I I ) ( \\ • \ _ ____ -_ \ SW BURNHAM STREET\ • i i ! 9109636 UTILITY EASEMENT/ \ \.. 1701 SQ. FT. f \ \ \. I \ \ > I I j I < I 1 I =, 1! 1 I . - �_ __ - I N i _ - - I . - - -- -■ , AIS -84 Item #: 5. 7. Business Meeting Date: 07/27/2010 Length (in minutes): Consent Item Agenda Title: Appointment and Terms for Transportation Advisory Committee Members Prepared By: Judith Gray, Community Development Item Type: Resolution Meeting Type: Consent Agenda Information ISSUE Council is requested to consider and act on recommended appointments to the Transportation Advisory Committee (TAC) and establish term expiration dates for its current membership. STAFF RECOMMENDATION / ACTION REQUEST It is recommended that Steven W Bass II, Don Fox, Maureen Wolf, and Mike Stevenson be appointed to the TAC as voting members and Karen Hughart as an alternate. Also the following term expiration dates are recommended: • December 31, 2010 for Dennis Mitchell, Anthony Rivano, and Mike Stevenson ; • December 31, 201 1 for Maureen Jefvert Wolf, Steven W. Bass, II, and Christopher Warren; • December 31, 2012 for Basil Christopher, Cam Gilmour, Jennifer Stanfield, and Jeremy Vermilyea. KEY FACTS AND INFORMATION SUMMARY Section 2 of the TAC's bylaws states that the Committee will include 11 members, including eight Tigard residents and three individuals who own or have primary management responsibility for businesses within the City of Tigard. The current membership includes seven Tigard residents but no alternate nor business affiliated members. The Mayor's Appointment Advisory Committee recently interviewed eight persons to fill five TAC positions; four regular and one alternate. It subsequently recommended that Don Fox (owner of Fox Clinic in the Tigard Triangle), Mike Stevenson (owner of B &B Print Source in downtown Tigard), Maureen Wolf (member of the Tigard - Tualatin School District Board) and Steven W Bass, II be appointed as voting members and Karen Hughart as an alternate. Also, Sections 3(b) and 4(a) of the bylaws indicate that Council shall determine a means of staggering the terms of members initially appointed to ensure future membership continuity. After the initial staggering of terms, the term of office of all future appointed members shall be three (3) years, or until their successors are qualified and appointed. The current members of the TAC were surveyed to identify their availability and preferences regarding the duration of their initial terms. Applicants were informed of the initial term lengths. The Mayor's Appointment Advisory Committee reviewed this information and recommended the above term lengths. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Long Range Goal: Tigard citizens are involved in the community and participate effectively Comprehensive Plan Goal: Provide Citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments TTAC Resolution - Appointments Applications RECEIVED City Ofrigard MAY 1 9 2010 ° CI I I ADMINISTRATION . City of Tigard • Citizen Committee Interest Appli' ! W tl ®fl .;- f?k,....'- +t..." r•,aU. ,.w;:35+4 , , ,,;- ..:.!<;::':i...,, ....L.rr:,.u..4 A?w.r::,. ''.s rw.a,.35. a' :u:.9rw;wa::.;,2u",w., ?".;.. 1. 35' N2`,'r!.+, i.;, rryY.6R..s§:.n.Sd'wECSraan,;c.. cc kS.._e- ;aii:?'. _;:'Y,&',rr3:.?T.q,: ., a:Y,£.ST?;r,., - c;,: Please check which Board /Committee you are interested in serving on: ❑ Budget Committee ❑ City Center Advisory Committee [1 Committee for Citizen Involvement ❑ Library Board ❑ Parks and Recreation Advisory Board ❑ Planning Commission ❑ Tigard Youth Advisory Council ® Transportation Advisory Committee ❑ Tree Board El Other ` ;L Name: Steven W. Bass II Date: 5/1/2010 Address (Res.): 15055 SW 79''i Ave Res. Phone: 503.336.0756 City: Tigard Zip Code: 97224 Bus. Phone: 503.203.4033 Address (Bus.): E -mail: stevewbass @aol.com City: Zip Code: Suggested by: Tigard Newsl etter Length of Residence in Tigard: 3 years Where did you live previously? Redding, California Educational Background: Doctorate of Pharmacy Occupational Status and Background: Pharmacy Manager for Fred Meyer Pharmacy How long have you been employed with this firm: 3 years Previous Community Activity: Volunteer for the Downtown Redding Business Association Organizations and Offices: Other Information (General Remarks): My wife and I moved back to Oregon in. 2007 and I am interested in becoming active within the Tigard community. I feel this is a way to be a part of some of the decisions that will affect us and our children. Any other pertinent information you want to share? I have also included my CV. Person to notify in case of emergency: Tonya Bass Address: 15055 SW 79th Ave City: Tigard State /Zip: OR / 97224 Contact Phones: 503.449.2878 I acknowledge that any photograph or videotape taken of me participating in this activity may be used for outreach, education or documentatiurposes, without compensation, by the City of Tigard. Signature of Participant: Date: j I 1 2 Please return this form to City of Tigard, 13125 SW Hall Blvd, Tigard, OR 97223 City ofTigard CITY ADMINISTRATION r ■F . Citizen Committee Interest Apphcation Please check which Board /Committee you are interested in serving on: n Budget Committee ❑ City Center Advisory Committee ❑ Committee for Citizen Involvement ❑ Library Board E Parks and Recreation Advisory Board n Planning Commission Tigard Youth Advisory Council ® Transportation Advisory Committee ❑ Tree Board ❑ Other Name: Maureen Jefvert Wolf Date: May 26, 2010 Address (Res.): 13075 SW Ascension Drive Res. Phone: 503 - 579 -0001 City: Tigard Zip Code: 97223 Bus. Phone: 503 - 431 -4002 Address (Bus.): 6960 SW Sandburg Street (TTSD) E -mail: mowolfcrew @comcast.net City: Tigard Zip Code: 97223 Suggested by: Susan Stark Haydon Length of Residence in Tigard: 12 years Where did you live previously? Beaverton, OR (1993 - 1998) Educational Background: Bachelor's Degree in Accounting; Master of Business Administration Occupational Status and Background: Currently Not Employed; Previous experience as corporate controller and nonprofit project manager. Serve on the Tigard - Tualatin School District Board of Education How long have you been employed with this firm: Elected Official - July 2009 Previous Community Activity: Multiple school and district committees Organizations and Offices: Board of Directors - The Foundation for Ti. . d Tualatin Schools resid-nt 2007 -09 Other Information (General Remarks): Any other pertinent information you want to share? I have a particular interest in transportation issues related to the needs of our school children and school communities. Person to notify in case of emergency: Bryan Wolf Address: 13075 SW Ascension Drive City: Tigard State /Zip: 97223 Contact Phones: W) 503 - 712 -3911; C) 503 - 708 -3005; H) 503 - 579 -0001 I acknowledge that any photograph or videotape taken of me participating in this activity may be used for outreach, education or documentation purposes, without compensation, by the City of Tigard. Signature of Participant: HirQ " Date: May 26, 2010 Please return this form to City of Tigard, 13125 SW Hall Blvd, Tigard, OR 97223 C:1Documenls and Selt/ngarlaurean WoIfWy Documents /School Board /TTAC /TTAC Application .docrevl 1 /13/08 4 *1 r / City of Tigard ' `=° CI'I Y ADMINISTRATION C Comm Interest Appii ca - tion Please check which Board /Committee you are interested in serving on: n Budget Committee ❑ City Center Advisory Committee 1 1 Committee for Citizen Involvement n Library Board n Parks and Recreation Advisory Board n Planning Commission ❑ Tigard Youth Advisory Council 4 Transportation Advisory Committee n Tree Board Other • Name: Mike Stevenson Date: April 6, 2010 Address (Res.): 16815 Maple Circle Res. Phone: 503 - 635 -6163 City: Lake Oswego Zip Code: 97034 Bus. Phone: 503 - 639 -9835 Address (Bus.): 9040 SW Burnham St. E -mail: mike.stevenson @comcast.net City: Tigard Zip Code: 97223 Suggested by: Mike McCarthy Length of Residence in Tigard: None Where did you live previously? Lived in Lake Oswego for 34 years Educational B ackgro und: B achelor of Business, University of Portland Occupational Status and Background: Business owner, B &B Print Source How long have you been employed with this firm: 23 years Previous Community Activity: Ti: •d Downtown Task Force Ci Center Advisor Committee Organizations and Offices: Tai and Central Business Dictrict Association, Curret President Other Information (General Remarks): Transportation issues will uide the duality of the gro wth for Tigard in the future. It is im s erative that the citizens of T and manage this • - owth for the betterment of the Ci • . • Any other pertinent information you want to share? I've been a business owner in Tigard for 23 years, and have owned commercia] property in Tigard for 19 years. • Person to notify in case of emergency: Kay Stevenson Address: 16815 Maple Circle City: Ti State /Zip: 97223 Contact Phones: 503 - 314 -4200 - cell, 503- 635 -6163 - home I acknowledge that any photograph or videotape taken of me participating in this activity may be used for outreach, education or docum • tation purposes, without compensation, by the City of Tigard. Signature of Participant: Date: April 6, 2010 Please return this form to City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 Macintosh h0: Users: mlkestevenson :Downloads:Citizen_Inleresl_ Applicalian.docrevl 1 /13108 -4-- City of Tigard CITY ADivIINISTRATION Citizen Committee Interest Application t a V4i6:M ;RSlfi� 5, .> 'LMFM3Wdv, -N'e S •Waiir `sib aral"" s.e:qMEM MEfsl IF"LYlr i M2==='wy.=.1M7 4 MagMal.VAMEMIT,CVMMAIX3e1, Please check which Board /Committee you are interested in serving on: E Budget Committee E City Center Advisory Committee ❑ Committee for Citizen Involvement (� Library Board — Parks and Recreation Advisory Board I Planning Commission _ Tigard Youth Advisory Council c,KTransportation Advisory Committee n Tree Board n Other Name: vt )"U)( Date: to / //6 6 Address (Res.): 5ZO % coo 77 -(/ G .5 L Res. Phone: 5D 3 ' 3/ 5 `1 ? City: 44 ' 0.5 7/0 Zip Code: ' 3 Bus. Phone: Z " 5 3% Z g �� Address (Bus.): /Z,395 E -mail: ��' � ,� %� I4) 7 City: / 1 4 G C Zip Code: 9 ? - 3 Suggested by: ', LI. d/ 6fre, _ 0 Length of Residence in Tigard: Where did you live previously? 1/4/4-e--- CO, 5 er-1 l ' r Educational Background: it r r- c 77 6A, r-op rct C.-PC Occupational Status and Background: L S ? // el 7 - hX How long have you been employed with this firm: 2 1 Previous Community Activity: 12 (OWL! -f ) 0/16 Z- 6 c Je,,, ) Organizations and Offices: & e-re / ict+ ,/ c:�ti Yti Other Information (General Remarks): Any other pertinent information you want to share? Please make sure to read and sign the second page. Application cannot be processed unless signed, Mlp// ww. v. ligerd- or.pov /community/volunteer ops/ docs /Cilizen_IntereslApplication pnnI docrev11114 /07 City ofTigard Citizen Committee Interest Application Page Two '"`::o3a36Y. '. C1aA�: Y4AlL+ Sri�tYL';...* V4MMrYdrcF�bS::�4 ?Pfl:13Xar£YG�1' X404 £2S.+hebW161':�Y"�vT_h. ^�:'��° Sim^ ik�fFG.'+ e' �'. �+ Fm' i4i3 :'�s'rv".SS.Y�S1'WSii3S8a35Yk £ Kfi#:k: �i . "ilgk�aklf3'M`K#Ya"CA:`�C:aCi 3 . ; argy Person to notify in case of emergency:! mac- `� ; 5i' al /2 ) o " ' ` _. Address: City: l State: l✓- 7923 Contact Phones: 52 1 i° I acknowledge that any photograph or videotape taken of me participating in this activity may be used for outreach, education ee i- m.-ntation purposes, without compensation, by the City of Tigard. � J Signature of Participant: IC/ Date: A 40, • Please return this form to City of Tigard, 13125 SW Hall Blvd, Tigard, OR 97223 • http /Mww.tigard- or.gov /community /volunteer_ops /dots /Citizen Interest _Application_print.docrev 11 /14/07 City of Tigard q CITY ADMINISTRATION Citizen Committee Interest Applicat Please check which Board /Committee you are interested in serving on: n Budget Committee n City Center Advisory Committee ❑ Committee for Citizen Involvement ❑ Library Board n Parks and Recreation Advisory Board n Planning Commission n Tigard Youth Advisory Council ® Transportation Advisory Committee ['Tree Board ❑ Other Name: Karen Hughart Date: 5/21/10 Address (Res.): 8817 SW Greening Ln Res. Phone: 503 - 590 -5288 City: Tigard Zip Code: 97224 Bus. Phone: 503 - 431 -4627 Address (Bus.): 10350 SW Lincoln E -mail: karen.hughartAgmail.com City: Tigard Zip Code: 97223 Suggested by: Judith Gray Length of Residence in Tigard: 30 years Where did you live previously? I was raised in Tigard. I went to college in Monmouth, OR for 4 years (1996 -2000) I returned to Tigard to teach at Metzger Elementary School. Educational Background: I attended Templeton Elementary, Twality Jr. High, and Tigard High School. I received a BS in Elementary Ed from Western Oregon University (2000), and a MAT from Lewis & Clark College with an ESOL endorsement (2007). Occupational Status and Background: Kindergarten Teacher, Metzger Elementary School 2000- Present How long have you been employed with this firm: 10 Years Previous Community Activity: Many volunteer hours as I was growing up in Tigard! I helped at many Tigard Country Days events, the Balloon Festival, the Library, etc. Recently I have helped at many Tigard-Tualatin Schools Foundation events as my morn in an active committee member. I also volunteered with Special Olympics in college. Organizations and Offices: Other Information (General Remarks): I can bring the perspective of a resident, a former student and as a teacher in our city. Any other pertinent information you want to share? My dad is the founder of and my husband works for the Transportation Engineering Firm, Kittelson & Associates Inc. Person to notify in case of emergency: Matt Hughart Address: 8817 SW Greening Ln City: Tigard State /Zip: OR, 97224 Contact Phones: 503 - 936 -1463 C: \Documents and Settingsyudith\Local Settings \Temporary Internet FileslConter t.Outlook \MO58XVSTKaren Hughart _Citzen_Interest_Application (2).docrevl1 /13/08 I acknowledge that any photograph or videotape taken of me participating in this activity may be used for outreach, education or documentation purposes, without compensation, by the City of Tigard. Signature of Participant: Date: 5/21/10 Please return this form to City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 C: \Documents and Settings \judith\Local Settings \Temporary Internet Files \Content. Outlook \MO58XVS7 \Karen Hughart_Crtizen_Interest_Application (2).docrevl1 /13/08 AIS -29 Item #: 6. Business Meeting Date: 07/27/2010 Length (in minutes): 15 Minutes Agenda Title: Consider Resolution to refer a Ballot Measure Authorizing a $17 Million General Obligation Bond for Parksto the November 2, 2010 Ballot - 1 Prepared By: Kathy Mollusky, Public Works Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing - Informational Information ISSUE Shall the Council pass a resolution authorizing an election on November 2, 2010 seeking voter approval to issue general obligation bonds up to the value of $17 million to fund acquisition, development and preservation of land? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council conduct an informational Public Hearing and consider the resoution. KEY FACTS AND INFORMATION SUMMARY • In November 2009 the bond measure for $20 million for the purchase of parks, open space and trails failed by a margin of 53% to 47 %. • Council goals for 2010 include strategizing with the Parks and Recreation Advisory Board (PRAB) on a 2010 Parks Bond. The PRAB goals include actively pursuing a 2010 bond measure to identify and pursue possible open space /land acquisitions. • The Parks and Recreation System Master Plan has identified that 245 more acres of land will be needed by 2028. Presently, 82 acres of park and open space are needed to meet current standards. • The Council must decide whether or not to pursue the bond measure for the November election. At the June 15 Council meeting, Trust for Public Lands (TPL) discussed their survey results and the potential bond amount. TPL believes November 2010 is the correct time for the election. • Citizens support the acquisition and preservation of land over building, improving, or maintaining parks. At the same Council meeting, the PRAB discussed development and acquisition of properties. The PRAB feel citizens support parks in their neighborhood. • Council directed the PRAB to focus more on acquiring property and less on development of parks. • Council wants to ask for less money than the previously failed bond measure. PRAB can state how much money Tigard has received in grants to reduce the bond amount. • At the June 21 PRAB meeting, the PRAB unanimously passed a motion to recommend to Council a $17 million parks bond to go to voters. If approved, 80% will be used for land acquisition (10% of the 80% for downtown land acquisition) and 20% will be used to develop and improve existing or new parks. • The PRAB has made a formal resolution, asking the Council to submit a bond measure for parks and open space in the amount of $17 million. • At the July 13, 2010 Council meeting, PRAB Chair Jason Rogers presented the PRAB resolution. Council was supportive of the PRAB resolution. OTHER ALTERNATIVES Council could choose to delay the election date until 2011 or later, or decide to forgo the election completely and advise staff of an alternative method to fund land acquisition. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 1) 2010 Goal: Strategize with PRAB on a 2010 Parks Bond a. Decide whether to return to ballot and, if so, when. b. Develop land acquisition strategies (potential options to purchase, etc). DATES OF PREVIOUS COUNCIL CONSIDERATION July 13, 2010 June 15, 2010 February 9, 2010 August 11, 2009 July 21, 2009 Fiscal Impact Cost: 500.00 Budgeted (yes or no): Yes Where Budgeted (department /program): Parks Additional Fiscal Notes: An election in November 2010 is estimated to cost the City around $500 for publication of legal notices and other minor expenses. Bonds would mature in 21 years or less from issuance and may be issued in one or more series. The estimated additional cost to property owners, if $17 million in bonds are sold, would be $0.29 per $1,000 of assessed valuation. For the owner of a home with the median assessed value $207,000, the additional monthly cost would be about $4.99 per month or $60 per year. Passage of this bond (or securing some other source for $17 million) will allow the City to leverage additional millions of dollars in future System Development Charges (SDCs). Attachments Bond Measure Resolution Exhibit A to Resolution II AGENDA ITEM No. 6 Date: July 27, 2010 SUPPLE ENTAL PACKET FOR '7 1AV aft Ib (DATE OF MEETING) �CD PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CITY COUNCIL CONSIDERATION OF A BALLOT MEASURE REGARDING A PARK BOND • MEASURE FOR THE NOVEMBER 2, 2010 GENERAL ELECTION Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 6 Date: July 27, 2010 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. (..a e / 11 9/® S� 1 3�f 7( ° e - Name, Address & Phone No. N me Adddrress hone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, .Address & Phone No. Name, .Address & Phone No. Name, Address & Phone No. Name, .Address & Phone No. Name, .Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. SUPPLU; i, `(AL PACKET FOR _7/x7/2-a / h • COMMUNITY (DATE �, MEETING) ,CO M NEWSPAPEIS 6605 SE Lake Road, Poriland, OR 91222 • PO Bax 22109 •Porllaad, 0R 91269 -2109 Phone: 503.084 -0360 Fax: 503 -020 -3433 E -mail: legals @commaewspapers.com AFFIDAVIT OF PUBLICATION PUBLIC HEARING ITEM: State of Oregon, County of Washington, SS - The following will be considered b the Tigard City Council at an Informational V I, Charlotte Allsop, being the first duly sworn, Public Hearing on Tuesday July - 27, 2010 at depose and say that I am the Accounting : 7:30 PM at the Tigard Civic Center - Town Manager of The Times (serving Tigard, Hall, 13125 SW Hall Blvd., Tigard, Oregon. Tualatin & Sherwood), a newspaper of T I G ARD Public oral or written testimony is invited. general circulation, published at Beaverton, in Further information may be obtained from the aforesaid county and state, as defined by the City of Tigard Public Works Division. ORS 193.010 and 193.020, that (Staff contact: Kathy Mollusky)" at 13125 SW Hall Blvd., Tigard, Oregon 97223 or by calling 503- 718 -2594. The purpose of the hearing is to consider a Resolution City of Tigard to authorize an election on November 2, 2010 seeking Notice of Informational Public Hearing voter approval to issue general obligation bonds up to the TT11476 - value of $17 million ,to fund acquisition, development and preservation of land. . • A copy of which is,hereto annexed, was publish 07/22/2010. TT111476 published in the entire issue of said newspaper for 1 week in the following issue: July 22, 2010 C tk)i OWL Charlotte Allsop (Accounting Manager) Subscribed and sworn to before me this July 22, 2010. OFFICIAL SEAL . F4®B1N A BURGESS NOTARY PUBLIC- OREGON COMMISSION NO.437285 NOTARY PUBLIC FOR O , v o MY COMMISSION EXPIRES MAY 16, 2013 remisseimMart My commission expires Acct #10093001 Attn: Cathy Wheatley City of Tigard 13125 SW, Hall Blvd Tigard, OR'97223 • Size: .2 x 2.5 Amount Due: $41.75* 'Please remit to the address above Revised resolution in City of Prof, asta r¢scia41or Tigard format incorporating City CITY OF TIGARD, OREGON i r t ,what At.ctck, Atty revisions for July 27, 2010 TIGARD CITY COUNCIL tatt -- Cie-SokifitdlA City Council Mtg., Agenda Item RESOLUTION NO 10- VIM/19W No. 6 — Clean copy _ mate A RESOLUTION OF THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON CALLING A MEASURE ELECTION TO SUBMIT TO THE ELECTORS OF THE CITY THE QUESTION OF CONTRACTING GENERAL OBLIGATION BONDED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $17 MILLION TO ACQUIRE OPEN SPACES, 'ROTECT CLEAN WATER, IMPROVE PARKLANDS; DECLARING INTENT TO ' IMBURSE EXPENDITURES; AND RELATED MATTERS. WHEREAS, the City Council of ' e City of Tigard, Washington County, Oregon (the "City "), has determined that a need exists for the • to finance the costs of land acquisition and capital improvement related to protection of water quality local creeks and streams; preservation of natural areas, wildlife habitat; creation of community parks and -creational areas; construction and improvement of hiking, biking and walking trails through land acquisition . d restoration. The bond proceeds would also be used to pay bond issuance costs; and WHEREAS, the costs of the Project to be fun. -d with bond proceeds are estimated to be not more than $17,000,000; and WHEREAS, Oregon Revised Statutes Chapter :7A.050 authorizes the City to contract bonded indebtedness to provide funds to finance the costs of e Project and to pay bond issuance costs subject to voter approval; and WHEREAS, the City anticipates incurring expenditures ( ,,e "Expenditures ") to finance the costs of the Project and hereby declares its official intent to reimburse its if for any Expenditures it may make on the Project from the proceeds of voter - approved general obligatio bonds (the "Bonds "), the interest on which shall be excluded from gross income under Section 103 of the I ternal Revenue Code of 1986, as amended (the "Code "); and WHEREAS, The City understands that the use of proceeds of the Binds to reimburse an Expenditure may occur no later than the later of (a) 18 months after the date of such Expenditure or (b) 18 months after completion of the projects to which such Expenditure relates, and in iny event no later than three years after the date of such Expenditure; and may occur no earlier than sixty (60) days prior to the date of the adoption of this resolution; except for preliminary expenditures in an a 'aunt not exceeding 20% of the Bond proceeds or expenditures which do not exceed the lesser of $101 000 or 5 percent of the Bond proceeds. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: A measure election is hereby called for the purpose of submitting to the \,electors of the City the question of contracting general obligation bonded indebtedness in the name of the City in an amount not to exceed $17,000,000. Bond proceeds will be used to finance the Project and pay all Bond issuance costs. The Bonds shall mature over a period of not more than twenty -one (21) years. Pursuant to ORS 250.285, the City Council approves the ballot title that is attached as Exhibit A and directs that this ballot title be filed with the City Attorney and the City Elections Officer. RESOLUTION NO. 10 - Page 1 SECTION 2: The measure election hereby called shall be held in the City on the 2nd day of November, 2010. The election shall be conducted by mail pursuant to ORS 254.465 and 254.470. SECTION 3: The City authorizes the Mayor, City Manager (each an "Authorized Representative ") or a designee of the Authorized Representative to act on behalf of the City and to take such further action as is necessary to carry out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 4: Pursuant to ORS 250.275(5), the City Elections Officer shall publish in the next available edition of the Tigard Times or in some other newspaper of general distribution within the City, a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title pursuant to ORS 250.296 not later than the seventh business day after the title is filed wi the City Elections Officer in substantially the form attached hereto as Exhibit B (the "Notice . SECTION 5: Pursuant to ORS 254.095(2) th- City directs the City Elections Officer to file a Notice of City Measure Election in substantiall the form of Exhibit A with the Washington County Elections Office not earlier than the eight bu iness day after the date on which Exhibit A is filed with the City Elections Officer and not later than September 2, 2010 (sixty -one (61) days prior to the election date). The Washington Coun Elections Office is required to produce and disseminate a facsimile of the ballot in accordance with ORS 254.205. SECTION 6: The City hereby declares its official intent o reimburse itself with the proceeds of the Bonds for any of the Expenditures incurred by it p or to the issuance of the Bonds. SECTION 7: The law firm of K & L Gates LLP, is hereby appointed to serve as bond counsel with respect to the issuance of the Bonds. The City will pay the fees and expenses of bond counsel from Bond proceeds. SECTION 8: This resolution shall take effect immediately upon its ad. etion by the City Council. PASSED: This day of 2010. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard I:A cit \council Packets \ Packet '10 \100727 \Bond Measure Resolution REVISED 7- 21- 10.doc RESOLUTION NO. 10 - Page 2 --- Ke, k/I-e_d L/-, - EXHIBIT A l40\_s G N 6 6 OTICE OF CITY MEASURE ELECTION Q ` ei CITY OF TIGARD 2'7 l� iTh WASHINGTON COUNTY, OREGON / NOTICE IS HEREBY GIVEN that on November 2, 2010, a measure election will be held in the City of Tigard, Washington County, Oregon. The following shall be the ballot title of the measure to be submitted to the City's voters on this date: CAPTION BOND TO ACQUIRE OPEN SPACES, PROTECT CLEAN WATER, IMPROVE PARKLANDS QUESTION SHALL CITY ISSUE $17 MILLION GENERAL OBLIGATION BONDS TO ACQUIRE, PRESERVE AND PROTECT OPEN SPACES, WATER QUALITY, HABITAT, AND PARKS? If the Bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of Sections 11 and 11b, Article XI of the Oregon Constitution. SUMMARY If approved, this measure would authorize the City of Tigard to sell up to $17 million in bonds for land acquisition, resto ation, c. , .tal construction and improvements allocated as follows: • 80 % or rno to acquire preserve .Ren space, parklands, and wildlife habitat, protect streams for impr ved local water •u. _ o benefit fish and wildlife, • 20 % or less to creat�d -im ov cei munity parks, recreational areas and trails, and • Up to 10 % of the total for downtown park land. This investment is for the benefit of current and future generations. The Parks and Recreation Board would provide oversight; spending would be audited in the City's yearly audit. Bonds would mature in 21 years or less from issuance and may be issued in one or more series. The estimated additional annual cost to property owners would be $0.29 per $1,000 of assessed valuation. For a home with the median assessed value of $207,000, the City estimates that the additional monthly cost would be about $4.99 per month, or $60 per year. EXHIBIT B NOTICE OF RECEIPT OF BALLOT TITLE Notice is hereb3\tiven that a ballot tide for a measure referred by the City of Tigard has been filed with the City E :coons Officer on July 27, 2010. The ballot title caption is BOND TO ACQUIRE OPEN SPACE PROTECT CLEAN WATER, IMPROVE PARKLANDS. An elector may file a petition for r- iew of this ballot title in the Washington County Circuit Court no later than 5:00 p.m., August 5, 20 1. Dd VC( Q 1/4117 4--e - 1 e � A J Q 010 Signature of City Elections Officer Date signed Catherine Wheatle City Recorder Printed name of City Elections Officer Tide This legal notice is to be published by the City Elections 0 cer in the Tigard Times, Tigard, Oregon, or in another newspaper of general distribution wi .. the City. I:A Citywide \Council Packets \ Packet '10 \100727 \Park Bond Resolution Exhibits A and B - REVISED.d ex AIS-25 Item #: 7. Business Meeting Date: 07/27/2010 Length (in minutes): 15 Minutes Agenda Title: Consider an Ordinance Updating TMC 9.04 Park Facility Reservations, General Provisions - 2 Prepared By: Kathy Mollusky, Public Works Item Type: Ordinance Meeting Type: Council Business Meeting - Main Information ISSUE Shall Council adopt an Ordinance updating TMC 9.04 Parks, General Provisions? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council approve the Ordinance updating TMC 9.04 Parks, General Provisions. KEY FACTS AND INFORMATION SUMMARY • TMC 9.04 Parks, General Provisions was last updated December 2003. • The park system has grown since 2003 resulting in increased demands. • This TMC chapter requires an update to meet the demands on the City park system. • The updated TMC emphasizes the citizens of Tigard are the main customers of the park facilities. • The applications, payments, refunds, etc. for the parks are currently processed at the Public Works Department and the TMC must be updated to reflect the proper procedure. OTHER ALTERNATIVES The Council could choose to not adopt the Ordinance and staff will continue to operate with the outdated TMC. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION None Attachments Ordinance TMC Parks Final TMC Parks Redlined Park Policies a • CITY OF TIGARD PARKS POLICIES AND PROCEDURES TIGARD Reserving City of Tigard Parks: Park reservations are accepted from January 2 until parks close (around September 30). Reservations can be made online at www.tigard- or.gov or in person at 8777 SW Burnham St. Two hours is the minimum reservation period for shelters. The reserving party must strictly adhere to scheduled reservation times. Please include in your reservation enough time for set up and clean up. If the site is left unsatisfactory, the City has the right to impose reasonable charges for services and /or costs encumbered by the City. Additional charges will be the responsibility of the reserving party and such charges will be billed directly to them. All decorations, etc. must be removed and all tables wiped down. All garbage that does not fit in the trash cans located at the shelter must be removed from the shelter area. There are dumpsters located by Shelter 2 for excess trash. The City does not have tables available for use other than those permanently located throughout the parks. The reserving party is encouraged to bring fold out tables and chairs to meet their party's needs. At no time will the reserving party block or inhibit in any way access to other areas. No "roping off" of specific areas is allowed. All applicants are subject to paying the application fee each time a reservation is submitted. Subject to Tigard Municipal Code Title 9.04 Parks, General Provisions, reservations are made online or in person, and in accordance with required deposits, and rental and other fees, the amounts of which are posted on the Tigard Parks Department webpage, or available by otherwise contacting the Parks Department. Credits /Refunds /Cancellations: No credits or refunds shall be made to any individual or organization based on weather conditions. Requests for a credit or refund must be submitted in writing two (2) weeks prior to the party's scheduled reservation date. The application fee is non refundable. Please include the following information on any credit or refund request: ♦ Permit Number. • Name, address and phone number of the reserving party. ♦ Name of the park and area(s) reserved. • Reservation date and times. Credits will be processed within a week. Allow three weeks for refund checks to be processed. If a customer is not satisfied with a billing decision, the customer may appeal, in writing, to the Park and Facilities Manager within 30 days of the park cancellation. The City reserves the right to cancel any scheduled usage of the park at any time. Every effort shall be made to find an acceptable alternative date or location within the City Park system. A full refund including the application fee shall be issued when the City cancels a reservation. Alcohol /Noise /Special Events: Beer and wine are currently allowed in moderation in most of the Tigard parks for personal consumption. Alcohol is prohibited in Main Street Park, Liberty Park, Commercial Park, Fanno Creek Park and the Jim Griffith Memorial Skate Park. The Oregon Liquor Control Commission (OLCC) regulates the dispensing (sale) of any alcoholic beverages. A liquor license /permit is required for dispensing /selling alcoholic beverages in the parks and it is mandatory to supply the City with a copy of this license /permit and a $2,000,000 (two million) host liquor liability insurance endorsement, naming the City of Tigard as an additional insured prior to the approval of the reservation. June 2010 OLCC: 503 - 872 - 5139/800- 452 -6522 or www.oregon.gov /OLCC. The purchaser of any alcoholic liquor taken on the premises will be held personally liable if anyone under the legal drinking age of 21 consumes the beverage. No intoxicated person shall enter or remain on the premises of any of the parks. Amplified sounds may not exceed 75 decibels (which is as loud as a dishwasher or washing machine) 100' away from the shelter. Special Event (i.e., fun runs, dog events) requests must be submitted on a Special Use Permit to the Public Works Director or designee. Please include the following information on any special event request: ♦ The group or organization's name, address, contact person, and phone number • Age group(s) of the intended participants • Number of people for the event ♦ Park(s) or area(s) desired to hold this event ♦ Dates and times to be reserved ♦ Purpose and intent of the event Advance application approval for all special events is required for special use of the park as the City does not allow certain types of uses within the parks in conformance with the ordinance. Apply at least two weeks in advance to allow sufficient time for processing the permit. Upon approval by the Public Works Director or designee, a Special Use Permit must be completed and all required fees, insurance, permits, etc. must be obtained prior to use. The City may, at its discretion, require that the reserving party obtain additional insurance. These policies and procedures have been approved by the Parks and Recreation Advisory Board (DRAB) in a public meeting and adopted by the City Manager. Any questions, comments or clarification regarding these policies and procedures may be submitted in writing to Steve Martin, Parks and Facilities Manager, at 13125 SW Hall Blvd, Tigard, OR 97223 or steve@tigard- or.gov. June 2010 0 e CITY OF TIGARD, OREGON TIGARD CITY COUNCIL • ORDINANCE NO. 10- ( AN ORDINANCE UPDATING TIGARD MUNICIPAL CODE CHAPTER 9.04 PARKS, GENERAL PROVISIONS WHEREAS, the City of Tigard Municipal Code Chapter 9.04, Parks, General Provisions was last updated December 2003; and WHEREAS, the park system has grown since 2003 resulting in increased demands; and WHEREAS, this Tigard Municipal Code chapter requires an update to meet the demands on the city park system. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific Tigard Municipal Code 9.04 General Provisions attached as Exhibit A to this ordinance is hereby adopted and approved by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U:'n rYlOALS vote of all Council members present after being read by number and title only, this a7±tay oLtc 2010. tip /''-e %% Catherine Wheatley, City Recorder 4 Tigard City Counci this / By agar ty �� APPROVED: B day of .. _ � -_, , 2010. 4 I c g Craig ?irksen, Mayor Approved as to form: City At 7/27/1 D Date ORDINANCE No. 10- p ?? Page 1 h ai TIGARD MUNICIPAL CODE (1) A formal application must be made through the Public Works Department to reserve any Chapter 9.04 GENERAL PROVISIONS. public park and recreation facility for the exclusive use of a particular group. Sections: (2) All fees and any required deposit must be 9.04.005 Adoption of Administrative Rules paid at the time the reservation is made. Field and Supplemental Regulations users may pay field rental charges in installment payments as agreed upon by the Public Works 9.04.010 Purpose. Director, or designee. Fees shall be set by the 9.04.020 Facility Reservation. City Council in the Master Fees and Charges 9.04.040 Refund Of Fees And Change In Resolution. Reservation. 9.04.050 Repealed By Ord. 92 -33. (3) A responsible person, 18 years or older, must 9.04.060 Waiver Of Fees. sign the application and be present at the 9.04.005 Adoption of Administrative Rules function. and Supplemental Regulations (4) Primary field reservations shall be made The City Manager, or designee, has the authority through the Tigard Field Use Committee to adopt and amend administrative rules and comprised of Tigard -based non - profits supplemental regulations related to the benefiting Tigard youth, including, but not provisions of park facility reservations. limited to, Tigard- Tualatin School District 23J, Tigard Little League, and Southside Soccer 9.04.010 Purpose. Club. The purposes of these rules and regulations are (5) The number of persons allowed in the total to: reservation and for each separate reservation shall be set by the Public Works Director, or (1) Facilitate maximum use of public facilities designee. The policy for allowable reservations by the citizens of Tigard; shall be routinely reviewed and adjusted to meet the purpose of reservations as stated in 9.04.010. (2) Coordinate the use of park facilities, thus Capacity shall not be exceeded at any given time assuring maximum opportunity for use through unless approved by the Public Works Director, the convenience of advance reservations; or designee. (3) Provide for use of park facilities by the (6) City of Tigard sponsored activities shall have citizens of Tigard, but where exclusive use takes first priority for the use of park facilities and place, or special handling is required, to recover shall reserve space for their programs and associated costs; activities first. The second priority for park field scheduling is for the members of the Tigard field (4) Coordinate the public use of park facilities use committee. All other park users will be with maintenance, construction and other scheduled on a first -come, first serve basis. activities. (Ord. 92 -33 §1(Exh. A)(part), 1992: Ord. 83 -55 §1(part), 1983: Ord. 78 -13 §1, 1978). (7) Park reservations allow for exclusive use of those areas indicated on the permit only. At no 9.04.020 Facility Reservation. time will the reserving party block or inhibit in any way access to other areas or facilities. No To provide advance reservation of park "roping off' of specific areas is allowed. facilities, the following procedures are adopted: 9 -04 -1 Code Update: 7/10 (8) (A) Additional costs incurred by the City because of abuse or excessive cleanup and/or repair, as determined by the Public Works (b) All credit or refund requests must be Director, or designee, shall be charged to the approved by the Public Works Director, or reserving group creating the added cost. designee. (B) Fees for special equipment, circumstances, (c) No credit or refunds shall be made to any and/or personnel unknown or unreported at the individual or organization based on weather time of application will be billed to the person in conditions. charge after the activity and upon computation of the charge. (d) Requests for credits or refunds must be made two weeks prior to the reserved date. (C) An advance deposit may be required at the time of application. Deposits may be retained to (e) The City reserves the right to cancel any cover additional costs and fees as outline in 8(A) scheduled usage of a park facility at any time. and (B) above. Deposits may be used to Every effort shall be made to find an acceptable reimburse the City for violations of City codes alternative date or location. A full credit or and policies, misuse of, or damage to property. refund including the application fee shall be The amount of deposit retained shall be issued when the City cancels a reservation. . determined by the Park and Facilities Manager. Any disagreement concerning the retention of 9.04.050 Repealed By Ord. 92 -33. deposit may be appealed to the Public Works Director, or designee, in writing within 30 days 9.04.060 Waiver Of Fees. of notice of retention. The Public Works Director, or designee, shall (9) (A) Use of Tigard parks for profit making hear appeals to waive fees. (Ord. 92 -33 §1(Exh. activities by an individual or organization is A)(part), 1992: Ord. 86 -27 §2, 1986). • regulated by Section 7.52.080 of this code. (B) Fundraising activities by state of Oregon designated nonprofit organizations or individuals must be approved by the Public Works Director, or designee. (Ord 03 -08, Ord. 92 -33 §1(Exh. A) (part), 1992: Ord. 83 -55 § 1(part), 1983: Ord. 80 -95 §2, 1980: Ord. 80 -83 §3, 1980: Ord. 78 -13 §2, 1978). (10) A formal application must be made to the Public Works Director, or designee, for the reservation of an entire park for the exclusive use of a particular group. 9.04.040 Refund Of Fees And Change In Reservation. (a) Any group seeking a credit or refund because of inability to use facilities as requested shall submit a written statement of credit or refund request. In no case shall the application fee be eligible for credit or refund. 9 -04 -2 Code Update: 7/10 1 TIGARD MUNICIPAL CODE In order toTo provide for the convenience of advance reservation of park facilities, the Chapter 9.04 GENERAL PROVISIONS. following procedures are adopted: Sections: (1) The A formal application must be made through City Hallthe Public Works Department 9.04.005 Adoption of Administrative Rules to reserve any public park and recreation facility and. Supplemental Regulations for the exclusive use of a particular group. 9.04.010 Purpose. 9.04.020 Facility Reservation. (2) (A) All applications shall include the name of e- erganization/group, the facility requested, 9.04.040 Refund Of Fees And Change In Reservation. 9.04.050 Repealed By Ord. 92 -33. 9.04.060 Waiver Of Fees. activity and any special requests. 9.04M05 Adoption of Administrative Rules (B2) All fees and any required deposit must be and Supplemental Regulations paid at the time the reservation is made. Field users may pay field rental charges in installment The City Manager or designee has the authority payments as agreed upon by the Gi.ty to adopt and amend administrative rules and Manage Public Works Director or designee. p Fees shall be set by r°^^' ofthe City supplemental regulations related to the provisions of park facility reservations. Council in the Master Fees and Charges Resolution. 9.04.010 Purpose. (3) A responsible person, in-eharge 18 years or The purposes of these rules and regulations are older, must sign the application and be present at to: the function. (1) Facilitate maximum use of public facilities (4) - ' . . " by the general publiccitizens of Tigard; " " - ' Little L ague and Tigard Soccer Association (2) Coordinate the use of park facilities, thus assuring maximum opportunity for use through se�ee Primary field reservations shall be the convenience of advance reservations; made through the Tigard Field Use Committee comprised of Tigard -based non - profits benefiting Tigard youth, including, but not (3) Provide for use of park facilities at minimal limited to, Tigard - Tualatin School District 23J, cost to by the itizens of Tigard, but where exclusive use takes place, or special Tigard Little League, and Southside Soccer handling is required, to . - - - ... - . • . - Club. feesrecover associated costs; (5) " . • . (4) Coordinate the public use of park facilities exceed five hundred peoplo.The number of with maintenance, construction and other persons allowed in the total reservation and for activities. (Ord. 92-33 §1(Exh. A)(part), 1992: each separate reservation shall be set by the Ord. 83 -55 §1(part), 1983: Ord. 78 -13 §1, 1978). Public Works Director or designee. The policy for allowable reservations shall be routinely 9.04.020 Facility Reservation. reviewed and adjusted to meet the purpose of reservations as stated in 9.04.010. Capacity shall not be exceeded at any given time unless approved by the Public Works Director or designee. 9 -04 -1 Code Update: 7/10 organization • - ..... . . (6) City of Tigard sponsored activities shall have organization by the state is is regulated by first priority for the use of park facilities and Section 7.52.080 of this code. shall reserve space for their programs and activities first. The second priority for park field (B) Fundraising activities by state of scheduling is for the members of the Tigard field Oregon designated nonprofit organizations or use committee. All other park users will be individuals must be approved by the City scheduled on a first -come, first -serve basis-year ManagerPublic Works Director or designee. . .. -. .. - .. • .. .. (Ord 03 -08, Ord. 92 -33 §1(Exh. A) (part), 1992: Ord. 83 -55 §1(part), 1983: Ord. 80 -95 §2, 1980: (7) Park reservations allow for exclusive use of Ord. 80 -83 §3, 1980: Ord. 78 -13 §2, 1978). those areas indicated on the permit only. At no time will the reserving party block or inhibit in (10) A formal application must be made to the any way access to other parts -areas of or Public Works Director or designee for the facilities i the -park. No "roping off' of specific reservation of an entire park for the exclusive use of a particular group. areas is allowed. 9.04.040 Refund Of Fees And Change In Reservation. (8) (A) Additional costs incurred by the City (a) Any group seeking a credit or refund because because of abuse or excessive cleanup and /or of inability to use facilities as requested shall repair, as determined by the pPublic wWorks submit a written statement of credit or refund departmentDirector, or designee, shall be request, to include:. In no case shall the charged to the reserving group creating the application fee be eligible for credit or refund. added cost. All such excessive cl anup and /or - ' ' - • - (1) Name of group, address and telephone; City Manager or designee. (2) Name, address and phone number of (B) Fees f o r special equipment, circumstances, _ _ . . , _ . and /or personnel unknown or unreported at the time of application will be billed to the person in (3) The reason for seeking the refund and the charge after the activity and upon computation amount-r-equeste€1; of the charge. (1) In no case shall the application fee be (C) An advance deposit may be required eligible for refund. at the time of application. Deposits may be retained to cover additional costs and fees as (b) All credit or refund requests must be outline in 8(A) and (B) above. Deposits may be approved by the City Man=agerPublic Works used to reimburse the City for violations of City Director or designee. codes and policies, misuse of, or damage to property. The amount of deposit retained shall (c) No credit or refunds shall be made to any be determined by the Park and Facilities individual or organization based on weather Manager. Any disagreement concerning the conditions. retention of deposit may be appealed to the Public Works Director or designee in writing (d) Requests for credits or - refunds must be within 30 days of notice of retention. made two weeks prior to the reserved date. (9) (A) Use of Tigard city parks for profit (e) The City reserves the right to cancel any making activities by an individual or scheduled usage of a park facility at any time. 9 -04 -2 Code Update: 7/10 Every effort shall be made to find an acceptable alternative date or location. A full credit or refund including the application fee shall be issued when the City cancels a reservation. (Ord. 03 08, Ord. 92 33 §1(Exh. A)(part), 1992: Ord. 83 55 §1(part), 1983: Ord. 78 13 §1, 14 9.04.050 Repealed By Ord. 92 -33. 9.04.060 Waiver Of Fees. The Tigard City CouncilPublic Works Director or designee shall hear appeals to waive fees. (Ord. 92 -33 §1(Exh. A)(part), 1992: Ord. 86 -27 §2, 1986). • 9 -04 -3 Code Update: 7/10 AIS -55 Item #: 8. Business Meeting Date: 07/27/2010 Length (in minutes): 15 Minutes Agenda Title: Public Hearing for Japanese International Baptist Church Annexation (ZCA2010- 00001) Prepared By: Cheryl Caines, Community Development Item Type: Meeting Type: Information ISSUE Shall City Council approve the annexation into the City of Tigard of one (1) parcel containing .44 acre of land and adjoining right -of -way along SW Spruce Street through the intersection of SW 89th Avenue for a total of .78 acre of land. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adopting the attached ordinance annexing the subject territory to the City of Tigard. KEY FACTS AND INFORMATION SUMMARY Key Facts: • The applicant is requesting annexation of property for expansion of the Japanese International Baptist Church. The church currently has existing facilities on the adjacent parcel to the east, which is within the city limits. • The proposed annexation includes one (1) parcel and adjoining right -or -way on SW Spruce Street totaling .78 acre of land. • All property owners and registered voters in the proposed territory have consented to the annexation. The previous property owner (Mary Anderegg) still resides in the hone on site and has signed the petition to annex. The City invited two adjacent property owners to join the annexation and received no response. • The proposal is to annex all right -of -way between the city limits through the intersection of SW 89th Avenue to avoid an irregular boundary, but this creates a small island consisting of one parcel. • Washington County zoning is R -15, which is 15 units per acre maximum. The Tigard Community Development Code designates the City's R -25 zoning as the most similar. Both of these zones have Medium High Density comprehensive plan designations. Surrounding properties within the city limits are zoned R -12 and R -7, and one adjoining property in the County is zoned R -15 like the subject site. R -25 is a higher density zone than R -12 and R -7, but zoning the subject property R -12 is downzoning and would require a concurrent Zone Change. Key Findings: • The proposed territory is contiguous to the Tigard City Limits; • Urban services are available and of sufficient capacity to serve the subject parcel; • The applicant /owner of the subject parcel has consented to the annexation; • The proposed territory is within Metro's Urban Growth Boundary; and • The proposed territory is within Tigard's Urban Service Area and Area of Interest. OTHER ALTERNATIVES 1. Adopt findings to deny the application. 2. Annex a smaller portion of the SW Spruce Street right -of -way to avoid creation of an island. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS No applicable City Council goals. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Fiscal Information: If approved the proposed annexation territory would be transferred to the City's tax roll on July 1, 2011. Annexations must be final (ORS 222.010) by March 31 of the same calendar year for the tax year beginning July 1st. Washington County shows the current assessed value of the property as $143,810.00; but because the church facility will be expanded onto the annexed site, it is tax exempt. Attachments Ordinance Exhibit A - Legal Description Exhibit B - Assessor's Annexation Map Exhibit C Staff Report Exhibit D Petition AGENDA ITEM No. 8 Date: July 27, 2010 PUBLIC HEARING ENTAL PACKET FOR ?/ l 'oib (QUASI-JUDICIAL) (DATE OF MEETING) fig' TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: QUASI-JUDICIAL PUBLIC HEARING — JAPANESE INTERNATIONAL BAPTIST CHURCH ANNEXATION (ZCA2010- 00001) REQUEST: A request to annex approximately .44 acres of property, plus right -of -way on SW Spruce Street (approximately .34- acres) to the City of Tigard. LOCATION: 8512 SW Spruce Street, east of SW Hall Boulevard; Washington County Tax Assessor's Map 1S135AD, Tax Lot 02700, plus Adjoining Right -of -Way. COUNTY ZONE: R15: Residential, 12 units /acre minimum density, 15 units /acre maximum density. The intent and purpose of the R15 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than fifteen (15) units per acre and no less than twelve (12) units per acre, except as otherwise specified by Section 3002 or Section 3005 of the Washington County Community Development Code. EQUIVALENT CITY ZONE: R - 25: Medium High- Density Residential District. The R- 25 zoning district is designed to accommodate existing housing of all types and new attached single - family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222; Metro Code Chapter 3.09; and Statewide Planning Goals 1, 2, 11 and 14. Due to Time Constraints City Council May Impose A Time Limit on Testimony I /ADM/ Cathy/ C CSignup / QJ PH 1007 27 AGENDA ITEM No. 8 Date: July 27, 2010 PLEASE PRINT Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. City of Tigard, Oregon IN 11 1 Affidavit of Posting T I GARD In the Matter of the Proposed Ordinance(s) 10 -40 z ., 4 / D _ / 6 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, a>) N t • lA- : C 1.-1 , 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) CD - p 6 q CX 10 � v , which were adopted at the City Council meeting of A 1. 49 7,. D 0 / v l , with a copy(s) of said Ordinance(s) being hereto attached an by reference made a part hereof, on the _ day of '1u // ,20 . 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon 0 .......--.1 - (4 Signature of Person who Performed Posting C t--4- Su..cribed and sworn (or affirmed) before me this c� , day of _ _ , , 20 10 . OFFICIAL SEAL- ( L 6 '1.,�,� z 0 ( t- =�7 CATHERINE D w A Signature of Notary Public for Oregx_-- ---- - - '� E80N � ; ./ NOT W, NO. 419237 . MY COMMISSION EXPIRES AUG. 04, 2011 lAscinftally Voans\post ordinance 2006.doc 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2010- ) 0 AN ORDINANCE ANNEXING .78 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT -OF -WAY, APPROVING THE JAPANESE INTERNATIONAL BAPTIST CHURCH ANNEXATION (ZCA2010- 00001) AND WITHDRAWING PROPERTY FROM THE WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; arid WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on July 27, 2010, to consider the annexation of one (1) parcel Washington County Tax Map (WCTM) 1S135AD, Tax Lot 2700) of land located on SW Spruce Street and adjoining right -of -way, and withdrawal of said parcel and right -of -way from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on July 27, 2010; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and ORDINANCE No. 10- ) D Page 1 K . WHEREAS, the Tigard City Council passed Resolution 10 -09 to extend the phasing in of increased property taxes over a three -year period at the rate of 33 percent, 67 percent, and 100 percent, for properties that voluntarily annex until February 2011 per Oregon Administrative Rule (OAR 150- 222.111); and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel and right -of -way as described and shown in the attached Exhibits "A" and `B ", and withdraws said parcel from the Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2010- 00001) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "C" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: The Tigard City Council hereby authorizes the phasing in of increased property taxes over a three -year period at the rate of 33 percent, 67 percent, and 100 percent per Oregon Administrative Rule (OAR 150 - 222.111) for the subject annexation. SECTION 6: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. ORDINANCE No. 10- ! 0 Page 2 • PASSED: By 11 .. 1 (LS vote of all Council members present after being read by number and title only, this " day of , 2010. achy Wheatley, City Recorder ' APPROVED: By Tigard City Council this a day of , 2010. raig Dirksen, Mayor Approved as to form: _— City Attorne 727/( c> Date ORDINANCE No. 10- f Page 3 EXHIBIT A Annexation Description A part of Block M and of Lot 1, Block "0", Metzger Acre Tracts, Washington County, Oregon, more particularly described as follows: Beginning at a point marked by an iron pipe set at the Northwest corner of the George Richardson Donation Land Claim being also the Northeast corner of said Block "0"; thence South 0°11' West 150.5 feet; thence North 89° 06' West 84.5 feet; thence North 110 feet; thence continuing North along the East line of that certain tract conveyed to George C. Plagman, et ux, by deed recorded April 17, 1951, in Book 319, Page 324, Deed Records of Washington County, Oregon, 116.24 feet; thence North 89° 58' East 85 feet; thence South 77.14 feet to the point of beginning. Along with: A tract of land located in the Northeast one - quarter of Section 35, Township 1 South Range 1 West, Willamette Meridian described as follows: Beginning at the Southeast corner of Trent Terrace being on the northerly right of way of SW Spruce Street; thence North 89° 58' 00" East, along said northerly right of way, a distance of 250.30 feet to the easterly right of way of SW 85` Ave.; thence South 00° 02' 00" East, along the southerly extension of said easterly right of way, a distance of 60.00 feet to the southerly light of way SW Spruce Street; thence South 89° 58' 00" West, along said southerly right of way, a distance of 250.33 feet; thence North 00° 00' 09" West, leaving said southerly right of way, a distance of 60.00 feet to the point of beginning. > EXHIBIT B , • . • :,. • • . . . 1 S 1 35AD J. 1S 1 35AD fli T.: '- 0 00-323 l , TREET rni w f.i.:::§ , :r4v.;• : 179-76.1(Z i 2 ''. ..... ' t ; ?.? 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N81 • Gs Do .1 .- e , • ••,....,''' '... .' .•",:::•••••.•••`:'...„.• ::; • .• (CR 94-7) - S .b ; , ,i : '`,' :'•:('0•• ,. . ::.: "?4' No' siv re e , ..., . .z sp.3s' _ z 1 ,. 1 ,,,, t i . \ \ i -- . -- - _ .. w ' ,. ,:454"` , ... - ..72-a 6 j ,..,-:a ..: AD . : I 1 '-'218100 ." ' Ac : 1 . M . , . .. .....4 2 2900 .4 2 800 % .. . r, 24 Ac . . el .: •• ! ' •-• K •, : ;• ..-:.; e • isas • • .: - • ,; ,' .' so, .....,:::(?).., , :::: r ,..:., : 8 ::'. '.. ;..:1:-" :;ic;4:::: DA 4900 4800 . 6000 - • 204 • .. - 3 61 2 : 8 411 21 1,1 , 30.25 31.00 ,- swJoiais 65 i,, gs r. ‘', •,..'::/:- Cancelled Taxlots For 1S135AD b • •• • . • ... .. . : 2601.1704,24002600.3100.3800.2503.2504.2505, I - 675 :60 - 1 1"-Froo'-- : .. 900; 4:04E)02 4200 1 . 4100 .• - . .-. ' • • ....,::: 360001,23022303.2401,222503,225, 360001,23022303.2401,222503,225, g 41 • . :•:. .-, ,•'', ,•'. - ''- .; 2200500.1103,3000,230 - .43 4-4-- -. :::-1••• 1 : 8 " S 4 V; . 3 5 " . .<.,,,.•.. .*•,.. ,;„....-.. 5 ,.-:i 3 1 IS ' RI IS 0 8 .=- ':' ..\ ' '"-v - 4710 ‹.: ' ' --i' SW LUCILLE • 47 1.1 24 . ..... / ;':, ..'''', , • .. , ".'';'; . ' . 11 ir' 3 51 • 1 2 r , :b , COURT ::, a - A7,, : ' ,, )'... ,.; ' • , • ... , • ' ' ,....• . I: '-1 , „ ,,,se "-” ,i " . ? 4444 ''' : . '''.,..''', ,4sck,,,:;,. 's ' • . • I Leo= i C., ----7'9 - .1. : ... 4600 .1 1 ).. :4500 8 440 :-.../ ....•" 4soa ".,' •:::• :‘;.: LI .5- .. a , r N ..„ , " 7 . tr ; 6 ', . .,, • • • ,,. ,. „ ..., . c !I s I 2s• ' 1 Ao -4 •:.,,. : . ._.1::. ,•>"„ • ,,,;dt-?0\:„,.11,0,0,:..•'..,:f',,...-:: ,: :;: ...:1; I 588-42100E O Hearing Date: July 27, 2010 Time: 7:30 PM , J " v :.. "s b .. ' a ., �. - ,. , ro +, . �; s �' rt,..: � v.i�Ai if.s.._i �.. , . , ?: ‘1'-'7,:::5'::` _ STAFF RE T ® ;THE f CITY COUNCIL FOR THE ;CITY OF TIGARD, OREGON .;TTI'GRRD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: J APANESE INTERNATIONAL BAPTIST CHURCH ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2010 -00001 APPLICANT/ Japanese International Baptist Church OWNER: Attn: Peter Ladley 8500 SW Spruce St. Tigard, OR 97223 PROPOSAL: A request to annex approximately .44 acres of property, plus right -of -way on SW Spruce Street (approximately .34- acres) to the City ofTigard. LOCATION: 8512 SW Spruce Street, east of SW Hall Boulevard; Washington County Tax Assessor's Map 1S135AD, Tax Lot 02700, plus adjoining right -of -way. COUNTY ZONE: R15: Residential, 12 units /acre minimum density, 15 units /acre maximum density. The intent and purpose of the R15 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than fifteen (15) units per acre and no less than twelve (12) units per acre, except as otherwise specified by Section 3002 or Section 3005 of the Washington County Community Development Code. EQUIVALENT CITY ZONE: R -25: Medium High- Density Residential District. The R -25 zoning district is designed to accommodate existing housing of all types and new attached single - family and multi- family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1, Goal 11.1 (Policy 4), Goal 11.3 (Policy 6), and Goal 14.2 (Policy 1 -4); ORS Chapter 222; and Metro Code Chapter 3.09. JAPANESE IN 1'BRNATIONAL BAPTIST CHURCH ZCA2010 -00001 PAGE 1 OF 9 SECTION II. STAFF RECOMMENDATION S �a - e at the C o o ° b t a e p© e 6 �on ( � O . W e . . _ Iho e •k pprova me a 1 c enttfie 6 i ® Ch e �: 22 tetrr f _Ca ` C E to �,3� #� n`n . 4 x- .„- - . -:. x �. az �. e ��"� = asps. 4g q-a di@? .' k' ''s, .4 aF e o pment C C h ap . - , 8 an 8 3 90 a dd : E e o o 5 .. Com B re e : ee 2 , n G�` a E d ties k> 1 , �, Goa 111, a o + y 4 Goa 13 @ 6 , A o o a -14.2' o . 4 4: 4 7: 41 7 t_' • • refore� tam: - ,� er Ma n tlsn ' gi ft 11.16 , $ 0 ; , @ @ 6 ff t n i ' o e � att a e a ' e t 0" "� �,� »��� s h. �:�' xx"t c' c ; ! �� - "F, '� .�. fir. 5 � - �':�� � o** ,.r� ° -. tdw�.:cr , SECTION III. BACKGROUND INFORMATION The annexation request has been initiated by the property owner (Japanese International Baptist Church). The subject property was purchased by the Church in 2009. Plans are to expand the existing church facility, which is located east of the subject property within the City of Tigard, onto the property to be annexed. Construction is planned to begin sometime next year once the applicant receives land use and building permits from the City. This annexation request includes one (1) parcel in Metzger, located in the south of SW Spruce Street between SW Hall Boulevard and SW 85th Avenue. A portion of the Spruce Street right -of -way is already located within the city limits but does not include the portion adjacent to the subject property. Staff has proposed the annexation of the remaining Spruce Street right -of -way from the city limits through the intersection of SW 85 Avenue. The proposed territory is located within the City of Tigard's Area of Interest and Urban Service Area, which are subject to the policies of the Urban Planning Area Agreement (2004) and Urban Services Agreement (2006). All property owners of land and registered voters in the proposed territory have consented to the annexation. The previous property owner (Mary Anderegg) still resides in the home on site and has signed the petition to annex. The City invited property owners of two adjacent parcels to join the annexation (tax lots 2800 to the west of the subject property and tax lot 501 to the east of the church site already in the city limits). Neither owner indicated interest in annexing to the City. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS City: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 14.2 (Policies 1 -4). State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Chapter 18.320.020.B: Approval Process and Standards. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the purposes of the Comprehensive Plan, public facilities and services refer to stormwater management, water supply and distribution, wastewater management, community facilities, and private utilities. In addition the JAPANESE INTERNATIONAL BAPTIST CHURCH ZCA2010 -00001 PAGE 2 OF 9 comprehensive Plan Glossary includes public safety, parks, and transportation. Each service is addressed below. Water — Tualatin Valley Water District. Tualatin Valley Water District (TVWD) is the current service provider for the subject property and would remain the service provider upon annexation. A letter to the applicant from TVWD notes that there is adequate capacity and necessary .connections and water main extensions may be required for future development. Sewer — City of Tigard /Clean Water Services. Clean Water Services (CWS) is the service provider of sewer service utilizing shared facilities (8 -inch line in SW Spruce Street). The home on the site is currently served by this line. Once the property is annexed, the City will become the provider. No known capacity issues exist. Drainage — Clean Water Services. Clean Water Services is the current provider of stormwater services. A ditch running along the front of the property now serves the site. There is a City storm line available in Spruce Street just northwest of the site. The appropriate water drainage system will be installed in compliance with Clean Water Services and City of Tigard design standards at the time of redevelopment. Streets — City of Tigard Engineering Division. The subject property is located south of SW Spruce Street, a County road. The site is currently accessed via Spruce Street. The proposed annexation will not affect this access. A portion of Spruce Street is within the city limits. Annexation of the remainder through the intersection with SW 85 Avenue is proposed with this application. Police - City of Tigard Police Department. The City of Tigard Police Department was notified of the proposed annexation and according to an April 22, 2010 email to the applicant from Jim Wolf, Public Information Officer with the Tigard Police Department; Tigard Police have adequate services to serve the most intense allowed use and providing services will not significantly reduce the level of services available to other land within the City of Tigard. Fire — Tualatin Valley Fire and Rescue (TVF &R). The subject property is in Tualatin Valley Fire and Rescue's (T'VF &R's) service area. The TVF &R District currently provides services to the entire area, both inside and outside of the City of Tigard. The Fire District has personnel and equipment in the area that can respond to an emergency incident and implement such actions as may be necessary for fire and /or rescue operations to developed and undeveloped land within the City of Tigard. Parks —City of Tigard /Metzger LID. According to the Tigard Urban Services Agreement, The City is designated as the provider of parks within the Urban Services Area and is a joint provider of services within the Metzger Park Local Improvement District (LID). Actual provision of services depends on annexation of territory within this service area, subject to the City's Park System Master Plan. The annexation of the subject property does not affect the Metzger Park LID. Based upon this review. staff finds that all public services and facilities (as defined by the Comprehensive Plan) are available to the proposed annexation territory and have sufficient capacity to provide service to the proposed annexation territory if developed to the most intense use allowed and will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. The following Comprehensive Plan goals and policies apply to the proposed annexation: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; and Goal 14, Policy 1- 4. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens will be provided an opportunity to be involved in all phases of the planning process, the City provides notice for Type IV land -use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on June 11, 2010: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the subject property on 8512 SW Spruce Street. The City published notice of JAPANESE INTERNATIONAL BAPTIST CHURCH ZCA2010 -00001 PAGE 3 OF 9 the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (July 8, 2010 & July 15, 2010) prior to the July 27, 2010, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on July 7, 2010. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties on July 7, 2010. Staff finds that this policy is met. Goal 11.1: Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. There is a ditch in front of the subject property. After annexation, the applicant intends to request a Conditional Use Permit to expand existing church facilities located on the adjacent parcel. The applicant will be required to connect with the City storm system within Spruce Street upon development of the site. Therefore, this policy is met. Goal 11.3: Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. The City will bill the owner for sewer services currently billed by Clean Water Services upon annexation into the City. Therefore, this policy is met. Goal: 14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps, including the appropriate annexation of unincorporated properties. Policy 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designations are addressed below in the findings for Section 18.320.020.C. In addition, see Table 18.320.1 on the following page: Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. Capacity has been addressed above, consistent with this policy. Policy 3. The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services; and The availability of the City's public facilities and services has been addressed above, consistent with this policy. B. is consistent with applicable state statute. As reviewed below, staff finds that the provisions of ORS 222 have been met, consistent with this policy. Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to: A) avoid creating unincorporated islands within the City; B) enable public services to be efficiently and effectively extended to the entire area; or C) implement a concept plan or sub -area master plan that has been approved by the Planning Commission or City Council. Pursuant to the City's annexation policy, the City invited adjacent property owners to join the annexation. No property owners responded to the City's invitation. Public services are available as determined in this report regarding service availability and capacity, above. The proposed annexation is located on the northern boundary of the City. The proposed annexation of adjacent right -of -way (ROW) will create a small unincorporated island within the City. The reason for annexing the entire ROW between SW Hall Boulevard and SW 85 Avenue is to create a more uniform boundary. JAPANESE IN "1't RNATIONAL BAPTIST CHURCH ZCA2010 -00001 PAGE 4 OF 9 • Chapter 18.320.020.0 Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. All of the subject property is currently zoned R -15 (WACO). This zone is intended for residential development at no more than 15 units per acre and no less than 12 units per acre. Table 18.320.1 in the TDC summarizes the conversion of the County's plan and zoning designations to City designations which are most similar. According to this table, the City designation most similar to R -15 is R -25 zoning. Because there is no R -15 zone within the City of Tigard, R -25 is applied. This zoning permits residential development with a minimum lot size of 1,480 square feet per unit (roughly 25 units per acre). Both of these zones have Comprehensive Plan designations of Medium High density. When determining this designation, staff also considered R -12 zoning since adjacent Tigard properties are zoned R -12. The Comprehensive Plan designation for R -12 zoning is Medium Density Residential, which is not the same designation as the current R -15 Medium High Density Residential. The zone permits residential development with a minimum lot size of 3,050 square feet per unit (roughly 12 units per acre). Further to the .east, properties are zoned R -7, R -4.5 and R -5 (WACO). The R -25 zoning seems somewhat inconsistent with these lower density zones. To annex the property at a lower density would be down zoning. This is permitted, but would require a zone change request in addition to the annexation. Due to time constraints the applicant wishes to proceed with the designation outlined in the TDC (R-25). Although there is no guarantee, the applicant does not intend to develop the site with residential units but rather to expand existing church facilities onto the annexed property. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 20 days prior to the hearing by mail and to publish notice at least 10 business days prior to the hearing; the City mailed notice on July 7, 2010, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (July 8, 2010 & July 15, 2010) prior to the July 27, 2010 public hearing. Additionally, Chapter 18.390.060 sets forth five decision - making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and is, therefore, in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; ORS 222: State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous territory. A city is not required to hold an election for such an annexation if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the JAPANESE INTERNATIONAL BAPTIST CHURCH ZCA2010 -00001 PAGE 5 OF 9 hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city 45 days prior to the hearing. The owner of the subject parcel has signed a petition for annexation to the City. The subject parcel is contiguous to the City's boundary. The City has acted on its own motion to annex the right -of -way on SW Spruce Street, which adjoins the subject property. The City mailed notice on July 7, 2010, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks Qul 8, 2010 & July 15, 2010) prior to the July 27, 2010 public hearing and posted the hearing notice for public view on June 11, 2010 in the Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW Spruce Street. Staff finds that the provisions of ORS 222 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Staff has reviewed the Metro regulations for Local Government Boundary Changes and addressed the applicable regulations (Metro Code 3.09.045(d) &(e) and 3.09.050) below: Metro 3.09.045 (d) and (e) The proposed annexation is not being reviewed through an expedited process, but subsections (d) of Metro Code 3.09.050 requires that the standards of 3.09.045 (d) & (e) be addressed. (d) To approve a boundary change through an expedited process, the city shall: (1) Find that the change is consistent with expressly applicable provisions in: (A) Any applicable urban service agreement adopted pursuant to ORS 195.065; The Urban Planning Area Agreement (UPAA — 2006) between the City and the County provides coordination of comprehensive planning and development, defines the area of interest, and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed earlier in this report and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area, including the Metzger /Progress Community Planning Area. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45 -day notice prior to the public hearing. The agreement states that "so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The Tigard Urban Service Agreement (TUSA — 2004) is between the City, County, Metro, and the service Districts for water, sewer, transportation, parks and public safety. The agreement outlines the role, provision, area, and planning /coordination responsibilities for service providers operating in the Tigard Urban Services Area. These services are addressed above at the beginning of this report. The annexation proposal is consistent with this agreement. (B) Any applicable annexation plan adopted pursuant to ORS 195.205; These statutes outline the process for annexations initiated by a city or district, including public hearings and voting procedures. This annexation was initiated by the property owner. The applicant has submitted a petition to annex signed by both the property owner and registered voter who lives at the home. (C) Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; JAPANESE INTERNATIONAL. BAPTIST CHURCH ZCA2010 -00001 PAGE 6 OF 9 ORS195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Special districts would include fire, water, school, and sewer districts. These districts are the same within the county and city with the exception of the sewer district, which is the City of Tigard. Planning for these areas will still be considered by the same special districts upon annexation due to existing agreements set up with the City. (D) Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; and The City of Tigard Public Facility Plan was adopted in 1991 in compliance with statewide planning goals and Oregon Administrative Rule 660 -11. A revised plan is currently being developed as part of penodic review. New Comprehensive Plan goals and policies for public facilities were adopted in 2008 (Goal 11), and the applicable goals and policies were addressed previously in this report. The proposed annexation is consistent with the Tigard Public Facility Plan. (E) Any applicable comprehensive plan; and The Tigard Comprehensive Plan applies in this case. Applicable policies are satisfied as addressed previously in this report. (2) Consider whether the boundary change would: (A) Promote the timely, orderly and economic provision of public facilities and services; (B) Affect the quality and quantity of urban services; and (C) Eliminate or avoid unnecessary duplication of facilities or services. The site is adjacent to the City in an area already serviced by sanitary facilities and water. Fire and police protection is provided by county wide services. Other services are offered through the Tigard Urban Services Agreement. The proposed annexation will not affect the provision of public facilities and services, but will allow the applicant to develop the parcel under City regulations and expand the church facility already located on an adjacent parcel within the City of Tigard. (e) A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel that lies partially within and outside the UGB. Neither a city nor a district may extend water or sewer services from inside a UGB to territory that lies outside the UGB. The property to be annexed is not outside the UGB. This criterion is not applicable. Metro 3.09.050 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the cnteria in subsection (d) below, and that includes at a minimum the following: Note that this report is available 15 days before the hearing Quly 13, 2010 for a July 27, 2010 hearing). (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available to the affected territory. (2) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriffs Patrol District upon completion of the annexation. (3) The proposed effective date of the boundary change. JAPANESE INTERNATIONAL BAPTIST CHURCH ZCA2010 -00001 PAGE 7 OF 9 The public hearing will take place July 27, 2010. If the Council adopts findings to approve ZCA2010- 00001, the effective date of the annexation will be 30 days later on August 26, 2010. (c) The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The applicant has provided findings within a narrative that addresses the applicable criteria. (d) To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (d) and (e) of Section 3.09.045. The criteria and factors outlined in subsections (d) and (e) of Section 3.09.045 have been previously addressed in this report. (Tigard CDC 18.390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. Resolution 10 -09 extended previously approved incentives for, property owners that voluntary annex into the city limits through February 2011. These incentives include waiver of the annexation application fee, assistance with paperwork and, phasing in of increased property taxes. These incentives have been extended to the applicant. To ensure property tax increases are properly phased, the phasing language is included in the proposed ordinance. As demonstrated in previous sections of this report, the proposed annexation is consistent with all other applicable provisions of the Tigard Development Code. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Police Department Public Information Officer, Jim Wolf, and the City of Tigard Public Works Department both commented that there were no issues with the project. The City of Tigard Development Review Engineer commented that annexation should be to the centerline of right -of -way of Spruce Street and that the lot to the west should be invited to annex at this time. SECTION VIII. AGENCY COMMENTS Qwest noted that the site was outside the Qwest service area. Verizon reviewed the proposal and stated no objections to it. NW Natural Gas commented on the proposal as if the right -of -way were being vacated and requested a public easement be provided to protect NW Natural facilities within the vacation area. This proposal is for annexation into the City limits only and not a vacation of the public right -of -way. Upon further discussion with NW Natural and the Private Development Review Engineer, Gus Duenas, it was determined that an easement is not necessary at this time. SECTION IX. PUBLIC COMMENTS The City mailed notice to surrounding property owners within 500 feet and all interested parties on July 7, 2010. One public comment was received from Mr. ohn Frewing via e -mail. Mr. Frewing stated there was an Intergovernmental Agreement signed by both Washington County and the City some 30 years ago that included factors to be considered when Tigard annexed areas from Metzger, one of which involved a vote JAPANESE INTERNATIONAL BAPTIST CHURCH ZCA2010 -00001 PAGE 8 OF 9 of the citizens of the Metzger area. He also noted that the notice did not list this agreement as part of the applicable approval criteria. RESPONSE: Staff reviewed the Urban Planning Area Agreement (UPAA) previously discussed. Under the Comprehensive Planning and Development Policies section of the agreement, subsection Annexation, there is one requirement specific to the Metzger /Progress Community Planning Area that states: The City agrees in principle to a plebiscite or other representative means for annexation in the Metzger /Progress Community Planning Area within the City Area of Interest. Not contrary to the foregoing, the City reserves all of its rights to annex and acknowledges the rights of individual property owners to annex to the City pursuant to Oregon Revised Statutes. A vote is not required as this annexation was initiated by the properly owner. Both the owner and registered voter signed the petition to annex. Agreements such as this must be addressed per Metro code 3.09, which is addressed previously in this report This code section is cited as part of the review criteria. alai-AC £ • C A,4,p:L July 14, 2010 PREPARE Y: Cheryl Gaines DATE Associate Planner JAPANESE INTERNATIONAL BAPTIST CHURCH ZCA2010 -00001 PAGE 9 OF 9 • . , : i r , . . t ..;:', '• — VICINITY MAP L • - ..- ,,, • -:: ZCA2010-00001 . i • , .. . , . c:. ,, , . c. I JAPANESE INTERNATIONAL 4.: BAPTIST CHURCH PIN ST ANNEXATION . *1 > r i r e -, ".•-..:d ,.;.,. 1 c', 1: .. : :..„, * "'iltithrf. •-.---, • . , , , .. -.. .. ,• . II ••••:'Y.I:,-.-11:,•' ;...,.:-. • , ..-,, .„ ,..,....: :-..: , ...... .. . ...,,.... ,:„ -.4., , •::::ta ,,, , . . . _ . , ,,, • ..: ..„ „, .. . p• .—.3 ., . •n . , L I IN n --p?'"i“ . .. . v" ". ' ' ' Pis Awm SPRUCE ST Subject Site SPRU4Efiiiiiiii: MI L,, ..,::::: li: 4 ,... 4 ,4■ 4 ,,,,, :.,,, . „....::..,;:..,.: ..v-,.--. . Ri ht_ of Way f i; _ :E ',:':::?:::,.. ';::-•;.:' -, '-- "--- - -..• , -. , '‘., -.;.• If. ' .-: -.", - ' .. -;:•„,.::;::.•.-,.,::,-'.:-•:- 5.' ;.,...- •.- , •.• , ., ,-, ,:rrt.- 1 • - ,..„,•:•.. . - /////// -: ..•:: ...:: ii3■* :i.i 7 . 7.'. 7 - ,. , , . , . .,. . .4 . , , , JOEL L r..:_c:1" C.YAIS= ' . . .11..-. .....:.f..: : .. .':•.':>_=" __ , .. . . '.: ., _ , . . -, .., _ ,, ... ,. ,..,.=:.:::: i ,.... : . , .... . .. ,.. ,„, ,- __ L,i. ,,,,,..: .... .. , .. . ...-...' I -.:, , ':. ... , ,.., . — / rr ... ' : .::: . ::. ? N Information on this map Is for general location . .. , .4 0 only and should be verified with the Development . Services Division. Scale 1:2,500 - 1 In = 208 ft -.:,.. .._,■ k r, ,FLvE .1 — Map printed at 12:29 PM on 10-Jun-10 " 1 . 1 mr ,,,, 141 , 054r , FROM ,A CONTENT, ACCURACY, T1MEUNESS OR COMPLETENESS OF ANT OF THE DATA PROVIDED HEREIN. THE CITY OF 010550 SHALL ASSUME NO - LiABILRY FOR ANT ERRORS, OMISSIONS. OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED I '• .: . 1 . I/ City of Tigard i•kti,??Tr.7 1 ' . ll Blvd t ', F eet TIGlirtPMAPS 13125 SW Ha TI gO r 3 d e?9 R -4 9 -77 2 , 23 il ‘ g - 312 — / / ---7 ; '— I , TIG 'RD .. r , • _. _ • . 1 i --. I . ' t ,...... TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the property described below and /or elector(s) residing at the referenced location(s), hereby petition for, and consent to, Annexation of said property to the City of Tigard. We understand that the City review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE OF _ OV - Property Owner & Registered Voter I AM A PROPERTY DESCRIPTION I SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DA IL' Section Number Number Number (V1 an - ?SO. 5u1 5 p \ 1 g700 ? �1 • iAcurpin \masters \revised \anxpeGLmst 28 • SUPPLEMENTAL PACKET FOR .2... (DATE OF MEETING) K. • , COMMUNITY 5S M NEWSPAPEIS 6605 SE Lake Road, Portland, OR 97222 __- • • PO Box 22109 Portland OR 97269 -2109 Phone: 503 - 684 -0360 Fax: 503 - 620 -3433 PUBLIC HEARING ITEM: • E -mail: legals @commnewspapers.com • rN • : ' The following will be considered by the ' Tigar'd City Council on Tuesday July 27, , AFFIDAVIT OF PUBLICATION 2010 at 7:30 PM at the Tigard•Civic Center - State of Oregon, County of Washington, SS T I GARD Town Hall Room, - 1 - 3125 SW= Hall,Boulevard, . ---- -- I, Charlotte Allsop, being the first duly sworn, Tigard, Oregon 97223. . depose and say that 1 am the Accounting Public oral or written testimony is invited.. The public hearing Manager of The Times (serving Tigard, on this matter will be held under Title 18 and rules of procedure Tualatin & Sherwood), a newspaper of adopted by the Council and available at City Hall or the rules of general circulation, published at Beaverton, procedure set forth in Section 18.390.060E. in the aforesaid county and state, as defined • by ORS 193.010 and 193.020, that Further information may be obtained from the Planning Division (Staff contact: Cheryl Caines) at 13125 SW Hall Blvd., Tigard, City of Tigard Oregon 97223,, by calling' at 503.718.2437, or by email to Public HearingIZCA 2010 - 00001 cherylc @tgard or.gov. • . • TTI14.70 Z ONE CHANGE ANNEXATION (ZCA) 2010 -00001 - JAPANESE INTERNATIONAL BAPTIST CHURCH A copy of which is hereto annexed, was . ANNEXATION . published in the entire issue of said REQUEST:. A request to'annex approximately .44 acres of newspaper for property, plus right -of -way. on SW Spruce Street (approximately 2 .34- acres) to the City of Tigard. LOCATION: 85'12 Successive and consecutive weeks in the Spruce Street, east of SW Hall Boulevard; Washington County following issues: Tax Assessor's Map 1S135AD, Tax Lot 02700, plus Adjoining July 8, 2010 Right- of- Way.. ZONE: R15: Residential, 12 units/ Jul 15, 2010 acre minimum . density, 15 units /acre maximum density. The , July intent and purpose of the R15 District is to implement the policies of the Comprehensive Plan for areas designated for residential Ck\c& evelopment at no more than fifteen (15) units per acre and ' � (JJA_L..[) no less than twelve (12) units per acre, except as otherwise Charlotte Allso Accountin M er I specified by Section 3002 or Section 3005 of the Washington' p ( g g ) County Community Development Code. . EQUIVALENT • CITY ZONE: R -25: Medium High - Density Residential Subscribed and sworn to before me this ! District. The R -25 zoning district is designed to accommodate July 15, 2010. , existing housing of all types and new attached single- family and multifamily housing units at a minimum lot size of 1,480, W 6. �GLf • square feet. A limited amount o commerc uses r ' is permitted outright and a wide of range neighborh of civic od and institutional ial NOTARY PUBLIC FOR OR ON ( t; uses are permitted conditionally. APPLICABLE REVIEW ; CRITERIA: The approval standards for annexations •. are My commission expires described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1.1, Goal 1.1.1 (Policy Acct #10093001 i 4), and Goal 11.3 (Policy 6), Goal 14; ORS Chapter 222; Metro Attn: Patty Lunsford Code Chapter 3.09; and Statewide Planning Goals 1, 2, 11 and City of Tigard - 14. 13125 SW Hall Blvd All documents and applicable criteria in the above -noted file are Tigard, OR 97223 available for inspection at no cost or copies can be obtained for Ti g twenty-five cents (25¢) per page, or the current rate charged for copies at the time of the request. At leastfifteen (15) days prior , Size: 2 x 11 , to the hearms. a cony of the staff report will be available for Amount Due: $367.40* *Please remit to the address above. SUPPLEMENTAL PACKET FOR '7(3'� WW1) (DATE OF MEETING) Japanese International Baptist Church Annexation July 27, 2010 Statement by City Attorney — Quasi - Judicial Land Use Hearing Procedures A copy of the rules of procedure for today's hearing is available at the entrance. The staff report on this hearing has been available for viewing and downloading on the City's website and a paper copy of the staff report has been available in the Tigard Public Library for the last seven days. The Council's role in this hearing is to make a land use decision under existing laws. The Council cannot change the law for the land use application now under consideration. Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try to limit your remarks to the application standards for the application. Members of the City Council will be asked whether they have any conflicts of interest. If a Council member has an actual conflict, the Council member will not participate. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have independent knowledge of relevant facts, such as from a visit to the site in question. A Council member who describes ex parte contacts or independent information may still participate in the decision. After the discussion of conflicts and ex parte contacts, any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Tonight, City staff will summarize the written staff report. Then the parties requesting the application and those in favor of the proposal testify. Next witnesses who oppose the application or who have questions or concerns testify. If there is opposition or if there are questions, the proponents can respond to them. The Council members also may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, including any rebuttal, the proponents can make a closing statement. After the record is closed, the City Council will deliberate about what to do with the application. During deliberations, the City Council may re -open the public portion of the hearing if necessary to receive additional evidence before making a decision. You must testify orally or in writing before the close of the public record to preserve your right to appeal the Council's decision to the Land Use Board of Appeals. You should raise an issue clearly enough so that Council understands and can address the issue. Failure to do so precludes an appeal on that issue. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness, please just state that fact and add any additional points of your own. Please refrain from disruptive demonstrations. Comments from the audience will not be part of the record. The point is, come to the microphone to get your comments on the tape, otherwise, they won't be preserved for appeal. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, spelling your last name, and give your full mailing address including zip code. If you represent someone else, please say so. If you have any exhibits you want us to consider, such as a copy of your testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments you must hand all new exhibits to the City Recorder who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask for their return. I: \ADM \CATHY \CCA \quasi judicial rules of procedure \Rules of Procedure - Japanese Intl Baptist Church Annexation.doc Chapter 18.320 ANNEXATIONS SUPPLE ENTAL PACKET Sections: FOR (DATE OF MEETING) 18.320.010 Purpose 18.320.020 Approval Process and Standards 18.320.010 Purpose A. Purpose. The purpose of this chapter is to: 1. Implement the policies of the comprehensive plan; 2. Provide for City review of all annexation requests for a determination of the availability of facilities and services as related to the proposal; 3. Provide for City and County coordination of annexation requests; and 4. Provide for an expedited process by establishing procedures whereby the annexation and rezoning may be considered concurrently. 18.320.020 Approval Process and Standards A. Approval Process. Annexations shall be processed by means of a Type IV procedure, as governed by Chapter 18.390 using standards of approval contained in Subsection B2 below. B. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and 2. The applicable comprehensive plan policies and implementing ordinance provisions have been satisfied. C. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and /or zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. D. Conversion table. Table 320.1 summarizes the conversion of the County's plan and zoning designations to City designations which are most similar. Annexations 18.320 -1 11/26/98 TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING ,I ESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plai Designation Plan Designation R -5 Res. 5 units /acre R -4.5 SFR 7,500 sq. ft. Low density 1 -5 units /acre R -6 Res. 6 units /acre R -7 SFR 5,000 sq. ft. Mid. density 6 -12 units /acre R -9 Res. 9 units /acre R -12 Multi - family 12 units /acre Med. density 6 -12 units /acre R -12 Res. 12 units /acre R -12 Multi- family 12 units /acre Med. density 6 -12 units /acre R -15 Res. 15 units /acre R -25 Multi- family 25 units /acre Medium -High density 13 -25 units /acre R -24 Res. 24 units /acres R -25 Multi - family 25 units /acre Medium -High density 13 -25 units /acre Office Commercial C -P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial CBD Commercial Business CBD Commercial Business CBD Commercial Business District District District GC General Commercial CG General Commercial CG General Commercial 1ND Industrial I -L Light Industrial Light Industrial® Annexations 18.320 -2 11/26/98 AIS -18 Item #: 9. Business Meeting Date: 07/27/2010 Length (in minutes): 30 Minutes Agenda Title: Receive Update and Provide Feedback on Revisions to Code Compliance Program - 5 Prepared By: Susan Hartnett, Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Information ISSUE Receive information from staff on revisions to the Code Compliance Program and provide input. STAFF RECOMMENDATION / ACTION REQUEST Proceed with code compliance program revisions and the necessary code amendments to implement new abatement approach. KEY FACTS AND INFORMATION SUMMARY As part of the recent budget cuts, the Code Enforcement Officer position was eliminated from the Community Development Department. Elimination of this position significantly impacted the department's ability to provide some of the services that help keep Tigard a clean, safe and visually appealing community. However, staff has been looking into new ways to provide these services. The following summarizes these efforts. A major aspect of this effort has been to look for more efficient and effective systems to intake and process community requests for code compliance services. The first significant element of this effort was implemented on July 19, 2010. It consists of a web -based complaint intake process tied to Tigard's electronic permit software and e -mail system. Code compliance complaints, for potential housing, building, nuisance, and development code violations, will automatically generate a code compliance case within the Accela permit tracking software. This new web -based system will be demonstrated at the Council meeting. Responsibility to administer the intake process has been assigned to existing staff. For housing, building, and development code violations, the process to manage and respond to the complaint will remain largely unchanged. The Building Official, for housing and building code complaints, or a planner, for development code complaints, will respond, investigate as needed, and take appropriate steps to bring the property into compliance. For nuisance code complaints, various staff will rotate the responsibility for review. Letters, automatically generated by the software, will be sent to both the complainant and the property owner. If no results are achieved within a given time period, a follow -up letter can be issued. Typically municipalities find 80 to 90% of nuisance and housing code violations are addressed through the initial notification phase and the remaining cases require escalating efforts to achieve compliance. In the past, the City's approach to code compliance, when the property owner did not respond to an initial "Notice of Violation," involved citation into Municipal Court. At that stage, the judge could levy fines and issue orders to bring the property into compliance. This approach is time consuming and expensive and it often does not result in the desired outcome (i.e., compliance). This is particularly true for nuisance cases. Many cities, including Portland, use an abatement process when a property owner does not comply after a specified number of opportunities. The Tigard Municipal Code currently allows abatement, but only upon the order of the Municipal Judge. Many jurisdictions undertake abatement without a judge's involvement. Taking an abatement action would require the property owner's permission to enter onto the property, or if necessary, a warrant is obtained. Typically, a contractor or multiple contractors are used to perform the kinds of services necessary to abate common nuisance and housing code violations (mowing, hauling, minor repairs, and similar tasks). Most municipalities using abatement charge the property owner for the cost of the effort, and many include an administrative overhead fee based on a percentage of the cost for abatement. Some municipalities also levy a monthly or quarterly fee if non - compliance is ongoing. These fees and charges are typically billed to the property owner and it is not uncommon to place a lien on a property to assure the city's cost to abate the infraction are eventually recouped. Staff has been evaluating available resources and potential strategies to implement this aspect of a restructured code compliance effort. Some preliminary investigation was done about the option of contracting out all or a portion of the department's code compliance services. It appears that other jurisdictions do not have the capability or desire to enter into an intergovernmental agreements to provide these services and there are no private sector contractors currently in the regional marketplace that offer the full range of necessary services. However, other jurisdictions do use contractors to perform the specific abatement activities, such as mowing, hauling and light construction work; some use City staff resources for these tasks. Further investigation is needed to fully assess the cost implications of using abatement services to address the small percentage of cases that do not comply, as well as the resources needed to operate the entire system without negatively impacting the delivery of other department services. In anticipation of the need to both redesign the overall code compliance program and the desire to consider abatement as a new tool, the Community Development Department reserved $52,000 in the FY 2010 -11 budget for these needs. An underlying assumption about the changes to the program, including the addition of abatement services, is that improvements in both efficiency and effectiveness will occur during this fiscal year while better data about the budget needed to fully support this new program is developed. The department expects to operate within the current year allocation. Given current limited resources for code compliance activities, staff believes it is necessary to move away from the long- standing "citation into court" approach and move to an abatement approach for difficult nuisance code compliance cases. Therefore, staff requests the City Council's feedback on the following: 1. Does Council support moving to an abatement approach for difficult nuisance code compliance cases, including amending the Municipal Code to make it a readily accessible enforcement tool? An example is the ability to take abatement action without a court order. If Council wishes staff to further explore abatement, should this include fees and charges to recoup costs including administrative and other overhead charges and monthly /quarterly noncompliance fees? 2. Are there other compliance /enforcement methods that Council would like staff to investigate, such as continuing with the current "citation into court" approach? If the current process is continued in the absence of staff resources, there would be greater reliance on the City Attorney's office to represent the City's position. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Goal #1 -- Implement Comprehensive Plan Comprehensive Plan Goal 14.1 "provide and /or coordinate the full range of urban level services to lands and citizens within the Tigard city limits" is implemented in part through code compliance services. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: $52,000 Budgeted (yes or no): Yes Where Budgeted (department /program): CD Admin Additional Fiscal Notes: The current FY1 1 Adopted Budget includes $52,000 in professional services for Code Enforcement services. Further evaluation will be needed to determine if this is sufficient. AIS -61 Item #: 10. Business Meeting Date: 07/27/2010 Length (in minutes): 5 Minutes Agenda Title: 2nd Quarter Council Goal Update 6 Prepared By: Joanne Bengtson, Administration Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main e_ Information ISSUE Update of progress on Council goals. STAFF RECOMMENDATION / ACTION REQUEST KEY FACTS AND INFORMATION SUMMARY OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Attachments 2nd Quarter Goal Report 2010 Did Quarter Goal Update 11 On December 22, 2009, the City Council met to set its goals for the comingyear. These goals represent • those items that the Council feels deserve special attention in the months ahead. The City will accomplish T 1 G A R D much more than what is listed here, but we identify these to be of particular importance to our residents. 2010 Council Goals 1. Implement Comprehensive Plan a. Complete the Transportation System Plan (TSP) and begin area plans (Tigard Triangle, 99W Corridor, etc.) After three workshops the Tigard Planning Commission held a public hearing on the TSP update on June 21. The Commission voted unanimously to recommend City Council approval. The next step in the process to adopt the TSP is to present the Commission's recommendation to City Council in September. b. Update Tree Code On March 23, 2010 Council approved an ad hoc Urban Forestry Code Revisions (UFCR) Citizen Advisory Committee (CAC) composed of broad community interests to advise staff during the update process. Council appointed specific members to the UFCR CAC on May 11, 2010. The Committee for Citizen Involvement approved the UFCR Public Involvement Plan at their May 19, 2010 meeting. Staff has begun implementing the plan by developing a project website, and sending project updates to interested parties and the community. The first meeting of the UFCR CAC was held June 9, 2010 and per Council's request, staff has hired a public involvement firm to facilitate the meetings. To complement the CAC, staff has formed a Technical Advisory Committee (TAC) comprised of city staff and outside agencies to advise the CAC of technical issues associated with code implementation. The TAC will meet monthly beginning in June. After a competitive bid process, staff has selected a natural resource planning firm to assist the city in developing the incentive -based tree grove preservation component of the code revision. Council is scheduled to decide whether to approve the contract on June 8, 2010. c. Continue to promote plan for 99W Light Rail The city, in partnership with Metro, received a Transportation Growth Management grant to complete a High Capacity Transit Corridor Land Use Plan for the Pacific Highway /99W corridor. A consultant team was chosen and final scoping of the contract is in progress. It is anticipated the project will kick -off in August, 2010. Staff has been working with Metro, TriMet, ODOT, Washington County, and the cities of Portland and Tualatin on coordinating this land use plan with several related transportation and land use efforts along the corridor associated with high capacity transit and Metro's mobility corridor refinement plans. Council Goal Update 1 I 2. Implement Downtown Urban Renewal a. Initiate developer outreach /recruitment Two redevelopment feasibility studies were completed and the results were presented to the City Center Development Agency. An additional study on a downtown property is currently being scoped. The City Center Development Agency and City Center Advisory Commission are developing a toolbox of potential incentives that could be offered to improve redevelopment feasibility. Staff, with the assistance of the Metro TOD program, will organize a developers' roundtable to highlight development opportunities in downtown Tigard this fall. b. Adopt Downtown Circulation Plan The City Center Advisory Commission has been providing additional evaluation and recommendations on plan content and implementation. They are anticipated to make a final recommendation in August or September, at which point workshops and public hearings with the Planning Commission and Council can begin. There will be additional outreach to property owners who could be impacted by the plan. 3. Strategize with Park and Recreation Advisory Board on a 2010 Parks Bond a. Decide whether to return to ballot and, if so, when? b. Develop land acquisition strategies (potential options to purchase, etc.) The Park and Recreation Advisory Board (PRAB) met with the City Council in June with proposals for a possible bond in November 2010. The Council provided feedback to the PRAB for their follow -up meeting on June 21. The PRAB representative will meet with Council in July with the latest proposal for a bond measure. They will also meet to discuss Council feedback and land acquisition strategies for a possible bond. They hope to have more recommendations for Council's July 27 meeting. 4. Advance Methods of Communication a. External: Develop communication strategy and methods in support of city goals. • Community Development o Developed text for new Pacific Highway "hub" website, which includes information about HCT, the upcoming land use study, tree plantings, multimodal transportation, collaboration at the regional scale, and the new Pacific Hwy to a Sustainable Future document. o Led 2010 Census outreach o Developed posters and a LRP newsletter for distribution at the Tigard Balloon Festival. o Continued to coordinate public outreach for summer 2010 using a booth at the Tigard Farmers Market every month. o Urban Forestry Code Revisions are in full swing with CAC and TAC meetings, online materials and a public outreach system for comment in any format. o Kicked off the Tigard Greenway Trail System Master Plan process which includes outreach through a CAC, TAC, events, materials, information sent to the Neighborhood Networks, and an interactive website developed by consultants. o Continue to work on completing a public involvement plan for the Tigard 99W HCT Corridor Land Use Study — including outreach to Title 6 communities. Council Goal Update 2 1 o Work begins on outreach for the Main Street Green Street project, Periodic Review, the Economic Opportunities Analysis, and regulatory reform. o Continued support of the City Center Advisory Committee, Tigard Transportation Advisory Committee, Planning Commission, the Committee for Citizen Involvement, Urban Forestry Code Revisions CAC, and Tigard Greenway Trail System Master Plan CAC. • Office Services Division o On July 1, Office Services became the Design and Communication division. In conjunction with the City Manager's office, the Design and Communication division is responsible for corporate branding, consistency in the city's promotional and informational public materials and performing tasks and processes which include the city's daily mail, assisting with copy /reproduction projects and managing the city's leased copier program. o Admin staff prepared communications plans for implementation of the Water Financial Plan and the Water System SDC Update. The plans ensure that citizens and stakeholders receive information and opportunities to comment throughout the process. b. Internal: Support staff efforts to change the organizational culture to create a proactive environment of exceptional people and service, promoting the values of "respect and care," "get it done," and do the "right thing" (Strategic Clarity). During the last quarter, the Financial and Information Services and City Administration departments completed the Values Integration project. All city departments have completed the program. The city's core values now anchor employee recognition and performance reviews. Community Development Two representatives from CD continue to serve on a citywide Values Team. Almost everyone has been submitted for a High Five, CD's official recognition program. Information about the values is shared at the department, division, and individual level meetings. 5. Support 2010 Washington County Cooperative Library Services (WCCLS) and Washington County Public Safety Levies The Washington County Board of Commissioners approved the placement of a renewal levy to support countywide library services on the November 2, 2010 ballot. The proposed levy would renew a current levy that will expire June 2011. A five -year local option levy is proposed to replace the expiring four -year levy. This measure would run from July 2011 through June 2016. The 17¢ rate per $1,000 of assessed value would remain unchanged from the current rate. The expiring levy provides approximately 1/3 of funding for WCCLS. Council Goal Update 3 1