City Council Packet - 12/28/2010 TIGARD
City of Tigard
TIGARD CITY COUNCIL
BUSIl\ KSS KTING
December 28, 2010
COUNCIL METING WILL BF T FLEVISED
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13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard or.gov
II I City of Tigard
I Tigard Business Meeting - Agenda
TIGARD
TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND December 28, 2010 - 6:30 p.m. Councilor Webb Reception; 7:30 p.m. Business
TIME: Meeting
MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available,
ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to
be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City
Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in
on the testimony sign -in sheet. Business agenda items can be heard in any order after 7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council
meetings by noon on the Monday prior to the Council meeting. Please call 503- 639 -4171, ext. 2410 (voice) or
503- 684 -2772 (TDD - Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much lead time as
possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling:
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SEE ATTACHED AGENDA
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71 gli City of Tigard
: . Tigard Business Meeting - Agenda
TIGARD
TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND December 28, 2010 - 6:30 p.m. Councilor Webb Reception; 7:30 p.m. Business
TIME: Meeting
MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223
6:30 - 7:15 PM
COUNCILOR SYDNEY WEBB RECEPTION
HONORING HER FOR HER YEARS OF SERVICE AS
TIGARD CITY COUNCILOR
2003 TO 2010
7:30 PM
1. BUSINESS MEETING
A. Call to Order
B. Roll Call
C. Pledge of Allegiance
D. Council Communications & Liaison Reports
E. Call to Council and Staff for Non - Agenda Items
2. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
A. Follow -up to Previous Citizen Communication
B. Citizen Communication — Sign Up Sheet
3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are
considered routine and may be enacted in one motion without separate discussion. Anyone may
request that an item be removed by motion for discussion and separate action. Motion to:
A. Approve City Council Meeting Minutes
1. September 21, 2010
2. October 19, 2010
B. Receive and File - Safety and Wellness Awards Received From League of Oregon Cities and City
County Insurance Services
C. Appoint Cameron James and Christopher Henn to the City's Budget Committee and Melody
Graeber as an Alternate Budget Committee Member
RESOLUTION NO. 10 -73 -- A RESOLUTION APPOINTING CAMERON JAMES AND
CHRISTOPHER HENN TO THE BUDGET COMMITTEE AND APPOINTING MELODY
GRAEBER AS AN ALTERNATE MEMBER
D. Approve Amendments to Extend Contracts for City Attorney and Labor Attorney Services
E. Acquire Property for a Segment of the Fanno Creek Trail (Grant Avenue /Main Street)
RESOLUTION NO. 10 -74 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIGARD, OREGON DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE
PURPOSE OF COMPLETING THE GRANT AVENUE/MAIN STREET SEGMENT OF THE
FANNO CREEK TRAIL IN THE CITY OF TIGARD AND ASSOCIATED GREENWAY AND
AUTHORIZING IMMEDIATE POSSESSION OF THE PROPERTY
F. Authorize the Sale of General Obligation Bonds for Parks and Refund Outstanding Bonds
RESOLUTION NO. 10 -75 -- A RESOLUTION OF THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON, AUTHORIZING THE SALE OF GENERAL OBLIGATION BONDS IN
ONE OR MORE SERIES TO ACQUIRE, PRESERVE AND PROTECT OPEN SPACES,
WATER QUALITY, HABITAT, AND PARKS AND TO REFUND OUTSTANDING BONDS
G. Local Contract Review Board:
1. Authorize the City Manager to Execute Change Order Number 12 for the Burnham Street
Improvement Project
• 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.
4. CONSIDER A RESOLUTION AMENDING THE MASTER FEES AND CHARGES
SCHEDULE TO INCREASE WATER SYSTEM DEVELOPMENT CHARGES (SDC's)
7:50 PM (time is estimated)
RESOLUTION NO. 10 -76 -- A RESOLUTION TO AMEND THE MASTER FEES AND
CHARGES SCHEDULE, AS ADOPTED BY RESOLUTION 10 -30, TO INCREASE WATER
SYSTEM DEVELOPMENT CHARGES
5. CONSIDER ORDINANCE AUTHORIZING ISSUANCE OF WATER REVENUE BONDS
8:00 PM (time is estimated)
ORDINANCE NO. 10 -19 -- AN ORDINANCE OF THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON, AUTHORIZING THE ISSUANCE OF WATER REVENUE BONDS FOR
A TOTAL OF NOT TO EXCEED $160,000,000
6. UPDATE ON AMENDING THE CITY'S CITIZEN INVOLVEMENT STRUCTURE AND
APPOINTING THE PLANNING COMMISSION TO SERVE AS COMMITTEE FOR CITIZEN
INVOLVEMENT
8:10 PM (time is estimated)
7. COUNCIL LIAISON REPORTS
8. NON AGENDA ITEMS
A. CONSIDER RESOLUTION APPROVING THE SUBMTTAL OF A REQUEST FOR
RECREATIONAL TRAIL GRANT PROGRAM FUNDS
RESOLUTION NO. 10 -77 -- A RESOLUTION AUTHORIZING THE SUBMITTAL TO THE
OREGON PARKS AND RECREATION DEPARTMENT OF A RECREATIONAL TRAIL
PROGRAM GRANT TO PARTIALLY FINANCE THE CONSTRUCTION OF THE
WOODARD PARK /GRANT AVENUE SEGMENT OF THE FANNO CREEK TRAIL
B. CONSIDER APPROVING RIGHT -OF -WAY ACQUISITION FOR BURNHAM STREET -
FRONTIER COMMUNICATIONS NORTHWEST, INC. (FORMERLY VERIZON)
9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive
Session is called to order, the appropriate ORS citation will be announced identifying the applicable
statute. All discussions are confidential and those present may disclose nothing from the Session.
Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS
192.660(4), but must not disclose any information discussed. No Executive Session may be held
for the purpose of taking any final action or making any final decision. Executive Sessions are
closed to the public.
10. ADJOURNMENT
8:20 PM (time is estimated)
AIS -308 Item #: 3. A.
Business Meeting
Date: 12/28/2010
Length (in minutes): Consent Item
Agenda Title: Approve City Council Meeting Minutes
Submitted By: Carol Krager
Administration
Item Type: Motion Requested Meeting Type: Consent Agenda -
Approve Minutes
ISSUE
Approve Council Meeting Minutes
STAFF RECOMMENDATION / ACTION REQUEST
Approve Council Meeting Minutes as presented.
KEY FACTS AND INFORMATION SUMMARY
N/A
OTHER ALTERNATIVES
Consider any proposed amendments.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Attachments
Placeholder - October 26. 2010 Draft Minutes
AIS -285 Item #: 3. B.
Business Meeting
Date: 12/28/2010
Length (in minutes): Consent Item
Agenda Title: Receive and File - Safety and Wellness Awards Received From League of Oregon Cities and
City County Insurance Services
Prepared For: Loreen Mills Submitted By: Loreen Mills
Administration
Item Type: Receive and File Meeting Type: Consent - Receive
and File
ISSUE
Receive and file Safety and Wellness awards received from League of Oregon Cities and City County Insurance
Services recognizing City of Tigard employees and their efforts to maintain a safe work environment and make
healthy lifestyle choices.
STAFF RECOMMENDATION / ACTION REQUEST
Receive and file
KEY FACTS AND INFORMATION SUMMARY
In recognition of the City of Tigard employees continued efforts to maintain a safe and health work environment,
the League of Oregon Cities and City County Insurance Services (CIS) presented the City of Tigard with two
awards this fall.
First, Tigard employees earned a Silver Safety Award this year. When compared to other Oregon cities with more
than 150 employees, Tigard was second lowest in injury frequency rate in the State!
Congratulations to each and every City employee for taking safety seriously! This is the 12th year that Tigard has
received recognition for a strong and successful safety program.
Second, as a result of achieving a 98% participation level for plan year 2010 -201 1, the City was awarded the
"Silver Medal Award for Wellness Promotion" from CIS.
In addition to this recognition, the City received a $3,765.00 grant from CIS which is to be used to promote
wellness within our organization.
Thank you to City employees for making wellness a priority. This is the third year in a row the City has received
the wellness award.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
AIS -268 Item #: 3. C.
Business Meeting
Date: 12/28/2010
Length (in minutes): Consent Item
Agenda Title: Appoint Cameron James and Christopher Henn to the City's Budget Committee and Melody
Graeber as an Alternate Budget Committee Member
Submitted By: Liz Lutz
Financial and Information Services
Item Type: Resolution Meeting Type: Consent Agenda
ISSUE
Should Tigard City Council appoint Cameron James and Christopher Henn to the City's Budget Committee,
and Melody Graeber as an alternate member, as recommended by the Appointments Advisory Committee?
STAFF RECOMMENDATION / ACTION REQUEST
Approve the recommended appointments to the Budget Committee
KEY FACTS AND INFORMATION SUMMARY
Cameron James and John Bailey's Budget Committee terms expire on December 31, 2010. As a result, the
Appointment Advisory Committee, comprised of Mayor Dirksen and Councilor Wilson, conducted interviews on
December 13, 2010 with several citizen applicants for the Budget Committee.
The Appointments Advisory Committee is recommending that the City Council reappoint Cameron
James and appoint Christopher Henn to three -year terms beginning on January 1, 2011. The Committee also
recommends City Council appoint Melody Graeber as an alternate for a one -year term beginning January 1, 2011.
Cameron James has been a Tigard resident for over six years. He's been on the Budget Committee since 2007, one
year as an alternate and the rest as a regular standing member of the committee. He is a financial analyst for DPI
Specialty Foods.
Christopher Henn has been a Tigard resident for over three years. He has volunteered for various groups, from
PTA to Neighborhood Watch Director, to his Neighborhood Finance and Budget Team. Mr. Henn possesses seven
years of work experience in corporate finance and twenty years in information technology. He is getting his
Master's Degree in Education.
Melody Graeber has been a Tigard resident for seven years. She has volunteered for various political groups, has
been a nurse, and holds two bachelors degrees in nursing and criminology and two masters degrees in political
science and Psychology and Social Sciences. She also has completed law school.
John Bailey chose not to apply for re- appointment to the Committee.
OTHER ALTERNATIVES
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community.
DATES OF PREVIOUS COUNCIL CONSIDERATION
NA
Attachments
Resolution
AIS -279 Item #: 3. D.
Business Meeting
Date: 12/28/2010
Length (in minutes): Consent Item
Agenda Title: Approve Amendments to Extend Contracts for City Attorney and Labor Attorney Services
Submitted By: Liz Newton
Administration
Item Type: Motion Requested Meeting Type: Consent Agenda
ISSUE
Amend the current contracts with the City Attorney and Labor Attorney to extend services through March 31, 2011.
STAFF RECOMMENDATION / ACTION REQUEST
Authorize the City Manager to sign contract amendments to extend services with both the City Attorney and Labor
Attorney through March 31, 2011.
KEY FACTS AND INFORMATION SUMMARY
The current contracts with the City Attorney and the Labor Attorney expire on December 31, 2010. Request for
Proposals (RFPs) have been issued for both City Attorney and specialized legal services including labor.
Responses to the RFPs are due January 11, 2011. The selection process should be complete by the end of February
with Local Contract Review Board approval of contracts on March 8, 2011. To accommodate this schedule and
ensure there is no lapse in legal services, both contracts need to be extended. Approval of the amendments would
extend the current terms of each contract including hourly rates.
OTHER ALTERNATIVES
None
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Not applicable.
DATES OF PREVIOUS COUNCIL CONSIDERATION
The City Council approved an amendment to the original City Attorney contract on October 9, 2007.
The original contract was approved by the Local Contract review Board on December 20, 2005.
The contract for Labor Attorney services was approved by the Local Contract review Board on December 20, 2005.
Fiscal Impact
Fiscal Information:
These extensions continue exiting contracts at their current hourly rates for three more months. The total cost of
these extensions will depend on the hours of service required.
•
Attachments
City Attorney Contract Extension
Labor Attorney Contract Extension
CITY OF TIGARD, OREGON
ATTORNEY SERVICES CONTRACT
GENERAL LEGAL COUNSEL SERVICES
AMENDMENT #2
THE AGREEMENT between the City of Tigard, a municipal corporation of the State of Oregon,
hereinafter called "City ", and Jordan Schrader Ramis PC, hereinafter called "Legal Counsel ", entered
into on the 21St day of December, 2005, and amended on October 9, 2007, is hereby amended as
follows:
EXTENSION OF CONTRACT FOR LEGAL SERVICES
The current contract between the City and Legal Counsel expires on December 31, 2010. The City
is in the process of soliciting proposals from qualified firms to provide City Attorney Services. In
order to allow adequate time to complete the selection process, the City and Legal Counsel agree to
extend all of the terms of the existing contract through March 31, 2011.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly
authorized undersigned officer and Lessee has executed this Amendment upon signature and date
listed below.
CITY OF TIGARD JORDAN SCHRADER RAMIS
Name Name
City Manager
Title Title
12/28/2010
Date Date
CITY OF TIGARD, OREGON
ATTORNEY SERVICES CONTRACT
LABOR ATTORNEY SERVICES
AMENDMENT #2
THE AGREEMENT between the City of Tigard, a municipal corporation of the State of Oregon,
hereinafter called "City ", and Bullard, Smith, Jernstedt, Wilson, hereinafter called "Legal Counsel ",
entered into on the 21" day of December, 2005, is hereby amended as follows:
EXTENSION OF CONTRACT FOR LEGAL SERVICES
The current contract between the City and Legal Counsel expires on December 31, 2010. The City
is in the process of soliciting proposals from qualified firms to provide Labor Attorney Services. In
order to allow adequate time to complete the selection process, the City and Legal Counsel agree to
extend all of the terms of the existing contract through March 31, 2011.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly
authorized undersigned officer and Lessee has executed this Amendment upon signature and date
listed below.
CITY OF TIGARD BULLARD, SMITH, JERNSTEDT,
WILSON
Name Name
City Manager
Title Title
12/28/2010
Date Date
AIS -311 Item #: 3. E.
Business Meeting
Date: 12/28/2010
Length (in minutes): Consent Item
Agenda Title: Acquire Property for a Segment of the Fanno Creek Trail (Grant Avenue /Main Street)
Submitted By: Duane Roberts
Community Development
Item Type: Resolution Meeting Type: Consent Agenda
ISSUE
Shall Council adopt a Resolution of Necessity declaring the need to acquire property for the purpose of completing
the Grant Avenue /Main Street segment of the Fanno Creek Trail and for associated greenway restoration.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends Council adopt the Resolution.
KEY FACTS AND INFORMATION SUMMARY
This item is a Resolution of Necessity declaring the need to acquire property for the purpose of completing the
Grant Avenue /Main Street segment of the Fanno Creek Greenway Trail. The resolution authorizes condemnation if
purchase negotiations fail.
The property in question is one of four parcels within the conceptual corridor through which the trail is proposed to
travel. Two of these parcels are owned by the City. The City holds a trail easement within the riparian area of
another. Trail right -of -way through the subject property is the only land within the corridor not under city control.
Following adoption of the Resolution of Necessity, the next step is a monetary offer to the subject landowner based
on the appraised value of the land needed for the trail and restoration project. The value of the land in question is
estimated at $52,500. Funding for the trail project is included in the 2010-2011 Parks Capital Improvement Plan.
A Resolution prepared by the City Attorney is attached along with a metes and bounds survey description and a
map of the needed land.
OTHER ALTERNATIVES
Voluntary acquisition has been pursued without success for several years.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
2010 Goal #1: Implement the Comprehensive Plan. The Fanno Creek Trail is identified in both the Park System
Master Plan and the Transportation System Plan.
DATES OF PREVIOUS COUNCIL CONSIDERATION
Council has considered this matter a number of times in Executive session during the past few years. On December
14, 2010, Council directed the placement of the Resolution of Necessity on the December 28, 2010 agenda.
Fiscal Impact
Cost: $52,500
Budgeted (yes or no): yes
Where Budgeted (department /program): PW /Parks
Additional Fiscal Notes:
According to Parks Capital Improvement Plan, the cost of the Main Street to Grant Avenue trail, including land
acquisiton, is estimated at $215,000 over the two fiscal years of FY 2010 & FY 2011. Of this amount, $161,250
is identified as coming from the General Fund and $53,750 as coming from the Park System Development Charge
fund. For last Fiscal Year 2010, $115,000 was supposed to be spent for land aquisition. The purchase did not
occur and is now in front of Council as this condemnation. For the current FY 2011, the budget contains $100,000
for design and construction, with $75,000 from General Fund and $25,000 from Parks SDC Fund. The $52,500
purchase plus legal fees is within the FY 2011 Adopted Budget amount of $100,000; however, if Tigard is to
purchase the land and do the design and construction this fiscal year, then an amendment to the budget will be
neccesary.
Attachments
Resolution
Legal Description
AIS -298 Item #: 3. F.
Business Meeting
Date: 12/28/2010
Length (in minutes): Consent Item
Agenda Title: Authorize the Sale of General Obligation Bonds for Parks and to Refund Outstanding Bonds
Prepared For: Toby LaFrance Submitted By: Toby LaFrance
Financial and
Information Services
Item Type: Resolution Meeting Type: Consent Agenda
ISSUE
Request Council to authorize the sale of two series of General Obligation Bonds: 1) for $17 million in Parks Bonds,
and 2) for potential refunding of Tigard's outstanding Library Bonds.
STAFF RECOMMENDATION / ACTION REQUEST
Staff requests passage of the resolution.
KEY FACTS AND INFORMATION SUMMARY
The Parks Bonds were approved by the voters of the City of Tigard in Measure 34 -181 on November 2, 2010 in the
amount of $17,000,000. Tigard currently has one other General Obligation Bond that was issued to pay for the
Tigard Library authorized by the voters of the City of Tigard on May 21, 2002.
Council is being asked to approve a resolution authorizing the sale of General Obligation bonds in one or more
series for the $17 million for parks and, if it provides savings to the citizens of Tigard, to issue refunding general
obligation bonds to refinance the Library Bonds.
OTHER ALTERNATIVES
Council can choose not to sell the bonds authorized by the resolution
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
This action supports Council's goal to "Strategize with Park and Recreation Advisory Board on a 2010 Parks Bond ".
DATES OF PREVIOUS COUNCIL CONSIDERATION
The Parks Bonds were approved by the voters of the City of Tigard on November 2, 2010 in Measure 34 -181.
Fiscal Impact
Cost: $30,000
Budgeted (yes or no): Yes
Where Budgeted (department /program): Finance and Information Services Administration
Additional Fiscal Notes:
The cost listed is the approximate cost for Bond Counsel and the Financial Advisor.
The financial impact of the resolution is to authorize the sale of one, or more series of General Obligation Bonds.
The first series will generate $17 million for Parks land aquisition and development. The bond will cost
approximately $60 per year to the average household in Tigard (based on assessed value of $207,000 charged at
$0.29/$1,000).
The purpose of the subsequent bond series is to save money. The subsequent bond series that is being authorized
would refund and refinance Tigard's outstanding General Obligation Bond for the Tigard Library. The Library
Bond was issued in the amount of $13.0 million and $8.9 million is still outstanding. Tigard will be making annual
payments of approximately $975,000 on the Library Bond through 2022. It is possible that the current market
conditions could produce an interest rate savings and lower the cost to Tigard property owners. If authorized, the
subsequent bond series will be put up for bid in hopes of a savings. If there is not a savings, Tigard can reject all
bids.
Attachments
Resolution
AIS -289 Item #: 3. G. 1.
Business Meeting
Date: 12/28/2010
Length (in minutes): Consent Item
Agenda Title: Authorize the City Manager to Execute Change Order Number 12 for the Burnham Street
Improvement Project
Prepared For: Kim McMillan Submitted By: Joseph Barrett
Financial and
Information Services
Item Type: Motion Requested Meeting Type: Consent Agenda -
LCRB
ISSUE
Shall the Local Contract Review Board authorize the City Manager to execute Change Order Number 12 on the
Burnham Street Improvement Project?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the Local Contract Review Board authorize the City Manager to execute a $120,426 change
order for the Burnham Street Improvement Project.
KEY FACTS AND INFORMATION SUMMARY
On September 29, 2009 the Local Contract Review Board approved the Burnham Street improvement Project. This
project was a complete reconstruction of the roadway and included the widening and "greening" of Burnham Street
from Hall Boulevard to Main Street. It also included construction of Ash Avenue from Burnham Street north to the
Commuter Rail Park and Ride Facility.
As part of the "greening" of Burnham Street, Change Order Number 12 implements City Council's direction to
install LED lights on the Burnham project. This change order covers the cost to install 56 Hadco 80 LED Type V
fixtures to the street lights lining Burnham Street. These fixtures will reduce the amount of energy required to light
the street. The total cost for this change is $116,773.
The change order also adds $3,653 for the reconnection of irrigation systems at three properties along the project
work area.
The total cost of the change order is $120,426 and is the first change order that requires the approval of the Local
Contract Review Board under the City's current polices. Under Tigard Public Contract Rule 10.075 change orders
may be made on the project without a formal competitive process if certain conditions are met. The first condition
is that the original contract was let by a formal process as this one was with the Invitation to Bid in 2009. The
second is that the aggregate cost of all the change orders does not exceed 25% of the original contract. With this
proposed change order, the aggregate increase from the original is only 8.4 %. With the public contracting
conditions being met, the City still must meet the formal approval levels for a purchase exceeding $75,000. At
$120,426, the Local Contract Review Board approval is necessary to move forward with the change order.
OTHER ALTERNATIVES
The Local Contract Review Board could chose not to approve the change order and provide staff with direction on
some other course of action.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
The Burnham Street Improvement Project supports Council's 2010 Goal #2 "Implement Downtown Urban
Renewal."
DATES OF PREVIOUS COUNCIL CONSIDERATION
The original contract for the project was approved by the Local Contract Review Board on September 22, 2009.
The Council reviewed the additional fixture cost and long term energy savings in a work session on February 9,
2010. The Council directed staff to proceed with LED lights in that work session.
Fiscal Impact
Cost: 120,426.00
Budgeted (yes or no): Yes
Where budgeted ?: Gas Tax Fund
Additional Fiscal Notes:
The original contract amount is $4,099,099. The adjusted contract amount, including Change Orders 1 through
Change Order 12 is $4,443,234. This is approximately 8.4 percent over the original contract amount. Over the
seven -year life of the LED fixtures, the lights will essentially pay for themselves; the energy savings should be
sufficient to cover the additional cost of the LED fixtures.
Including Change Order Number 12, the remaining contract amount starting Fiscal Year 2010-11 is $2,274,917. In
Fiscal Year 2010 -201 I, $2,391,339 is budgeted for Burnham Street construction, exceeding the remaining contract
amount by $116,422. Therefore, the addition of Change Order Number 12 keeps the construction within the
authorized FY 2010 -11 Budget and does not necessitate any changes or amendments to the existing project budget.
AIS -257 Item #: 4.
Business Meeting
Date: 12/28/2010
Length (in minutes): 10 Minutes
Agenda Title: Consider a Resolution Amending the Master Fees and Charges Schedule to Increase Water
System Development Charges (SDCs)
Submitted By: John Goodrich
Public Works
Item Type: Resolution Meeting Type: Council Business
Meeting - Main
ISSUE
Shall the City Council consider a resolution amending the 2010-2011 Master Fees and Charges Schedule to
increase water SDCs?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the Council adopt the resolution.
KEY FACTS AND INFORMATION SUMMARY
The City's consultant has completed a comprehensive water financial plan which included a Water System
Development Charge (SDC) Update.
The Council adopted new water SDC methodology on December 14, 2010. This resolution utilizes the
approved methodology to update water SDCs in the 2010 -2011 Master Fees and Charges Schedule. Water SDCs
were last updated in 2000.
If approved, the resolution:
• Implements SDC increases in three steps over a two -year period, as outlined in the attached December 13,
2010 memo, titled "Tigard Water System Development Charge - Staff Phase -In Request."
• Initiates the first of three step increases on February 1, 2011; allowing staff a month to notify the public of the
new SDC rate schedule.
• Generates an estimated $895,000 in SDC revenues from 2011 through 2014.
• Allows developers /builders two years to adjust and plan for SDC increases.
• Requires the City to review and adjust water SDCs annually based on inflation and additions to the
water capital improvement list.
• Allows the City to establish and assess a supplemental water SDC to new service areas, should the City
decide to provide such service.
The Intergovernmental Water Board (IWB) recommended implementing maximum SDCs with no phase -in.
However, the Board acknowledged the Council may opt for a phase -in and, if so, recommended the three -step,
two -year phase -in. This is the phase -in currently before the Council. Implementation details are shown in Exhibit
A, the proposed Master Fees and Charges Schedule, of the resolution.
OTHER ALTERNATIVES
Council could chose not to adopt the resolution and:
• Select and adopt an alternative SDC implementation strategy.
• Leave the existing 2000 SDCs in effect.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
City Council Long Term Goal: "Continue to monitor the Tigard /Lake Oswego Water Partnership."
The Water SDC Update was based on the capital projects included in the 2010 Water System Master Plan.
DATES OF PREVIOUS COUNCIL CONSIDERATION
Council was presented with information, findings, and recommendations from staff and City consultants on:
June 15, 2010 - Council workshop - Introduction to the water financial plan project
July 20, 2010 - Council workshop - Water SDC methodology preliminary findings
September 21, 2010 - Council workshop - Water SDC methodology final report
December 14, 2010 - Council business meeting - Adoption of water SDC methodology by resolution
Fiscal Impact
Cost: Revenue
Budgeted (yes or no): Yes
Where Budgeted (department /program): Water Fund
Additional Fiscal Notes:
This resolution amends the City's Master Fees and Charges Schedule by increasing water SDCs in a three -step,
2 -year phase -in.
With this increase, water SDC revenues are expected to generate an estimated $895,000 from 2011 through 2014.
This revenue will help repay $125.5 million in water revenue bonds secured to fund Lake Oswego- Tigard Water
Partnership projects and other capital improvements.
Attachments
Resolution
Exhibit A Master Fees and Charges Schedule
Testimony from HBA via Letter to Council
December 13. 2010. 3 -Step 2 -Year Phase -In Memo
2010 Water SDC Methodology
Water SDC Option Comparison Table
HBA
Home Builders association
of Metropolitan Pbrdand
December 6, 2010
Mayor Craig Dirksen
City Councilors
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Tigard Water System Development Charge Methodology
Dear Mayor Dirksen and Councilors:
My comments are submitted on behalf of the 1,000+ members of the Home Builders
Association of Metro Portland (HBA). I am very appreciative of city staff as well as your
consultants for taking time to brief me on the essentials of this proposal.
There is no doubt that the capital improvements envisioned in this proposal are extensive,
and the resulting recommended increase in the system development charge (SDC) is very
large, it is also understood that the city really has little choice but to go forward with its
implementation.
The HBA is fully supportive of the methodology as presented in the report by Red Oak
Consulting, dated September 29, 2010.
The methodology proposes a net increase in the SDC for a basic 5/8 "x3/4" meter of
$4,433, from $2,041 to $6,474, a 217% increase. Similar and proportional increases are
also proposed for larger meter sizes.
As we all know, these are indeed trying economic times. Many homebuilders and others
in the development community are struggling, and have little ability to absorb a 217%
increase in the water SDC for any project they may hope to get under way in the next
year.
In light of the magnitude of this proposed increase, the HBA supports the staff
recommendation as to the methodology and urges the council to phase in this increase
in four steps over three years; i.e. '/a on the effective date of your action, '/4 one year
later, 1/4 two years following the effective date, and the final increment on the 3 "'
anniversary of the implementation. This will provide a reasonable transition and enable
those who might have projects on the drawing board to get underway without having to
absorb the full 217% increase for which they probably have not been able to plan.
15555 SW Bangy Road ♦ Suite 301 ♦ Lake Oswego, Oregon 97035
Phone: 503.684.1880 • Fax: 503.68 ® www,homebuiidersportiand.org
Striving forAffordabilty, Balance and Choice
Finally, as to the effective date. It is the suggestion of the I-IBA that the first increment of
the increase be effective at least 30 days following the decision by the council. If the
council were to make the actual fees and charges decision at their December 28 meeting,
then February 1, 2011 would be a reasonable implementation date.
Thank you, for the opportunity to offer these comments.
Sincerely,
� C/
Ernie Platt
Director of Local Government Affairs
• RED)AKCONSULTI NG MEMORANDUM
A DIVISION Of YALCOLU ■IAIII[
To: John Goodrich, City of Tigard Date: December 13, 2010
From: Joe Healy, Red Oak Consulting
Re: Tigard Water System Development Charge — Staff Phase -In Request
Introduction
In response to a request from the City of Tigard (City), Red Oak Consulting (Red Oak)
prepared a phase -in schedule for the recommended system development charges (SDCs),
which were calculated as part of the City's water system development charge update.
The details and methodology underlying the SDC update are included in a separate
methodology document.
SDC Phase -In Options
The phase -in schedule outlined in this memo is a 3 -step, 2 -year phase in for the
recommended SDCs. Under the phase -in schedule, Red Oak recommends the City
reduce the improvement fee only. Reimbursement fee collections are not required for
spending on specific capital projects, so the City has more discretion on using those
funds. Therefore, we recommend phasing in the improvement fee portion of the SDCs.
Proposed System Development Charges
As a point of reference, Table 1 provides the maximum allowable SDCs per equivalent
dwelling unit (EDU) recommended for FY2011. Red Oak also recommends adjusting
SDCs annually to keep pace with construction cost inflation.
Table 1: Recommended SDCs per EDU (Maximum allowable under Oregon Law)
Reimbursement Im 1 rovement I vial
$2,936 $3,538 $6,474 1
SDC Phase -In Schedule
Table 2 provides projections of SDCs per EDU for the 2 -year phase -in period. Under this
scenario, the City would reduce the improvement fee portion of the proposed SDC per
EDU by 50% in FY2011. By FY2013, the maximum allowable SDCs would be
implemented by phasing -in the voluntary reduction in halves.
• 12670 NW Barnes Road • Suite 104 • Portland. OR 97229 • T 503 -352 -0900 • F 503 - 644 -2414 • www.redoakconsulting.com
City of Tigard Page 2
Table 2: Phase -In SDCs per EDU by Year
Year Reimbursement Im s rovement * Total
FY2011 $2,936 $1,769 $4,705
FY2012 2,936 2,654 5,590
FY2013 2,936 3,538 6,474
* FY2011 voluntary reduction: 50%
SDC Revenue Comparison
Table 3 provides a comparison of projected SDC revenue under each alternative. The
projections of new EDUs are based on analysis of the City's current meters, billing data,
and growth projections which are being used in other parts of the water rate study and
water SDC update study.
Table 3: SDC Revenue Comparison by Year
Year New EDUs Calculated Max. Phase -In
FY2011 0 $011111111011111B $
FY2012 86 556,732 480,697
FY2013 87 563,205 563,238
Total Revenues $1,119,937 $1,043,935
Reduction from Max. Allowable ($76,002)
Conclusions
There are opportunity costs of the phase -in schedule presented in this memo. However,
the difference in lost SDC revenue between the maximum allowable and the phase -in
alternative is minimal relative to the City's capital and financing program over this same
period. Growth is projected to be slow over the time horizon outlined in this memo. The
current building environment provides the City with a good opportunity to work with the
HBA and phase -in the proposed SDCs.
Detailed SDCs by meter size are provided in the tables below. For connections to the
water system with meters larger than 2- inches, the City will forecast the demands on an
average -day, peak -day, and peak -hour basis. The number of EDUs associated with the
demands will be determined following the adopted methodology.
City of Tigard Page 3
Table 4: Maximum Allowable SDCs by Meter Size
Meter Size Reimbursement Im m rovement Total
5/8 x 3/4 Inch $2,936 $3,538 $6,474
1 Inch 7,832 9,438 17,270
1.5 Inch 23,483 28,298 51,780
2 Inch 38,131 45,950 84,081
Table 5: 3 -step, 2 -year Phase -in SDCs by Meter Size
Meter Size Reimbursement Im m rov ement Total
FY2011
5/8 x 3/4 Inch $2,936 $1,769 $4,705
1 Inch 7,832 4,719 12,551
1.5 Inch 23,483 14,149 37,632
2 Inch 38,131 22,975 61,106
FY2012
5/8 x 3/4 Inch $2,936 $2,654 $5,590
1 Inch 7,832 7,078 14,910
1.5 Inch 23,483 21,223 44,706
2 Inch 38,131 34,462 72,593
FY2013
5/8 x 3/4 Inch $2,936 $3,538 $6,474
1 Inch 7,832 9,438 17,270
1.5 Inch 23,483 28,298 51,780
2 Inch 38,131 45,950 84,081
• RED AK CONSULTING MEMORANDUM
A 11111 /IYO OF 1SAIl
To: John Goodrich, City of Tigard Date: October 26, 2010
From: Joe Healy, Red Oak Consulting
Paul Matthews, Red Oak Consulting
Re: Tigard Water System Development Charge Methodology
Introduction
Like many municipal water suppliers in Oregon, the City of Tigard (City) is faced with
increasing costs for the expansion of its water system's capacity to serve growth. To
mitigate this cost of growth in its water system, the City has historically assessed system
development charges (SDCs) to new customers. As part of its routine business practices,
the City has engaged Red Oak Consulting (Red Oak) to review its SDCs to ensure these
charges are:
• Fair and Equitable, and
• Avoid subsidizing either new or existing customers.
Water System Development Charge Methodology
The proposed SDC methodology is based on historical investments and future capital
improvements as identified by the City. The identified capital improvements are based
on the existing water master plans and knowledge of the system.
Reimbursement Fee
The reimbursement fee is based on the capacity buy -in approach, and requires three steps:
1. Fixed asset valuation,
2. Capacity definition, and
3. Assessment schedule.
The following is a description of each step.
Fixed Asset Valuation
Under the proposed methodology, the value of the City's fixed assets is based on an
estimate of the water system's reproduction cost new (RCN). An estimate of the value of
assets contributed by developers was excluded from the SDC calculation.
The City's system is designed to meet the needs of its customers and provide safe and
reliable water service throughout its service area. The system consists of many individual
components that serve specific functions. To estimate the value of assets related to each
• 12670 NW Bames Road • Suite 104 • Portland, OR 97229 • T 503 - 352 -0900 • F 503 -644 -2414 • www.redoakconsulting.com
City of Tigard Page 2
function, the value of each asset is allocated to one or more of 10 functions. The City's
functions are:
1. Groundwater/ ASR
2. PWB Supply
3. L.O.- Tigard System
4. Bonita Pump Station
5. Water Storage
6. Pump Stations
7. 550 -530 Intertie
8. Transmission & Distribution
9. Administrative Facilities
10. Field Operations
11. Future Willamette Supply'
Many assets used in the distribution system are typically contributed by developers and
thus excluded from the calculation of the reimbursement fee. To explicitly show the
value of the excluded assets, they were assigned to an additional category labeled
Exclude from SDC. Table 1 summarizes the asset values attributed to each function.
Based on the analysis, the total value of the City's water system assets for SDC purposes
in fiscal year ending 2010 (FY2010) is $155 million. Of the total value, $23 million is
excluded from the SDC to account for assets that are considered contributed or obsolete
assets. Thus, for the purpose of establishing a reimbursement SDC, the City's water
system is valued at approximately $132 million.
Capacity Definition
The next step in determining the reimbursement fee under the capacity buy -in approach is
to define the system capacity. Specifically, under the capacity buy -in approach the
system capacity is based on the unused capacity of the system for each function identified
above. The City provided data used for this analysis.
Table 2 lists the current capacities of each function. Table 3 presents an estimate of the
capacity in the existing system that is available for growth. Underlying the numbers
shown in this table is the assumption that one equivalent dwelling unit (EDU) consumes
475.5 gallons of water per day on a peak -day basis. This estimate is based on the City's
most recent estimates and an assumption that the system currently serves 28,785 EDUs.
The amount of storage required per EDU is 556 gallons. This value is also derived from
the City's analysis of its system and projections. Using these assumptions and the
capacities for each function summarized in Table 3, the number of EDUs that can be
served by each function is calculated. Subtracting the number of EDUs currently served
Currently the City has no infrastructure related to Future Willamette Supply. This was included only as a placeholder
for future SDC updates.
2 Much of the City's water system is sized to meet the peak -day demands of its customers. Therefore, peak -day
demands are used to estimate the requirements for most of the City's infrastructure.
City of Tigard Page 3
by the utility generates the number of EDUs available for growth. A description of how
the number of EDUs currently served by the City is estimated follows below.
Assessment Schedule Development
Table 4 provides an inventory of the number of EDUs by meter size. The number of
EDUs is based on the number of meters by size and the associated equivalency factors.
The equivalency factors are calculated based on an analysis of the City's customer billing
data for the last five years. Based on the number of meters served by the City and the
equivalency schedule presented in Table 4, the total number of EDUs served by the City
is estimated to be 28,785.
For connections to the water system with meters larger than 2- inches, the City will
forecast the demands on an average -day, peak -day, and peak -hour basis. The number of
EDUs associated with the demands will be determined by the following:
EDUs — ADD* 0.400 ((PDD ADD) * 0.343 ((PHD PDD) * 0.257
226.4 249.1 90.6
Where:
• ADD is the projected average -day demand of the new user in gallons per day, and
• PDD is the projected peak -day demand of the new user in gallons per day, and
• PHD is the projected peak -hour demand of the new user in gallons per day, and
The constants used in the above formula are:
• 0.400 equals the proportion of the City's water facilities allocated to the average -
day function.
• 226.4 equals the estimated gallons per day on an average -day basis demanded by
an EDU.
• 0.343 equals the proportion of the City's water facilities allocated to the max -day
extra - capacity function.
• 249.1 equals the estimated gallons per day of max -day extra - capacity demanded
by an EDU.
• 0.257 equals the proportion of the City's water facilities allocated to the max -hour
extra - capacity function.
• 90.6 equals the estimated gallons per day of max -hour extra- capacity demanded
by an EDU.
The City may update the values in the formula above as its system changes to recognize
the changing costs imposed by new large customers.
The proposed equivalency schedule is presented in Table 4. Based on the number of
meters served by the City and the equivalency schedule presented in Table 4, the total
number of EDUs served by the City is estimated to be 28,785. It should be noted here
City of Tigard Page 4
that the equivalency factors shown in this table will be used for calculating SDCs for
connections to the water system with meters 2- inches and smaller. As described
previously, the City will forecast the number of EDUs for connections with meters larger
than 2- inches using the above formula.
Fee Calculation
The total costs to be recovered from the reimbursement fee SDC are based on the
percentage of remaining capacities by functions calculated in Table 3 and the total system
asset values shown in Table 1. Table 5 presents the total reimbursement amount by
function. The total amount attributable to the reimbursement fee is approximately $40
million. Table 6 calculates the reimbursement fee per EDU for each of the functions.
The total reimbursement fee per EDU is $2,936.
Improvement Fee
The improvement fee is based on the City's adopted capital improvement program (CIP).
Table 7 presents an overview of the City's CIP. To calculate an improvement fee based
on the incremental cost approach, the following three tasks must be completed:
1. Multi- purpose project allocations,
2. Capacity definitions, and
3. Assessment schedule development.
Multi Purpose Project Allocations
Allocating the costs of multi - purpose projects is an integral part of calculating an
improvement fee. A multi - purpose project is an improvement that will serve both growth
and address existing needs. Few projects are designed and built exclusively to serve
growth or solve an existing deficiency. Rather, projects are often designed to maximize
economies of scale in design and construction. Therefore, projects serving both growth
and rehabilitation/upgrade (i.e., multi - purpose projects) are allocated to growth and non -
growth.
The value of each capital project is allocated to one or more of the system functions
described previously. Table 8 summarizes the allocation of capital projects to functions.
Tables 9 through 20 show the cost of new capacity for each project within each system
function. Based on this information, Table 21 summarizes the percent of capacities
available for growth and the resulting value of growth- related improvements attributable
to each system function. The total amount of capital improvements costs used to
calculate the improvement fee is approximately $54 million.
Capacity Definition
Table 22 summarizes the system capacities added by function. Similarly, Table 23
presents the estimated number of EDUs available for growth by function.
City of Tigard Page 5
Assessment Schedule
As with the reimbursement fee, the improvement fee portion of the City's proposed SDC
will be based on meter size. Table 4 presents the number of EDUs for each meter size.
Fee Calculation
The improvement fee is calculated based on the cost of the growth - related capital projects
and the additional capacities estimated by these projects. Table 24 summarizes the
improvement fee by system function. Based on the CIP developed by the City, the
improvement fee per EDU is $3,538.
Results and Recommendations
As shown in Tables 6 and 24, the total reimbursement and improvement fees are
calculated to be $2,936 and $3,538 respectively, for a total SDC of $6,474 per EDU.
Table 25 presents the resulting schedule of SDCs by meter size.
Supplemental Water SDC
The City will charge a Supplemental Water SDC for any areas outside of the 2010
Service Boundary based on a supplemental adopted CIP list. The Supplemental Water
SDC will be additional to the updated Water SDCs adopted by City Council.
Table 1: Net Fixed Asset Valuation - RCN
Description I FY2010 Assets
Groundwater/ ASR $3,756,934
PWB Supply 0
LO- Tigard 0
Bonita Pump Station 0
Water Storage 22,640,803
Pump Stations 1,516,807
550 -530 Intertie 0
Transmission & Distribution 99,266.414
Administrative Facilities 2,346,745
Field Ops. 2,519,602
Future Willamette Supply 0
Exclude from SDC 22,969,208
Total $155,016,513
Table 2: Capacity by Function
System Component 1 Capacities I Units
Groundwater/ ASR 4.1 MGD
PWB Supply 6.8 MGD
LO- Tigard 0.5 MGD
Bonita Pump Station 0.5 MGD
Water Storage 24.5 MG
Pump Stations 13,600.0 gpm
550 -530 Intertie 3,131.6 gpm
Transmission & Distribution 41,338.4 EDU
Administrative Facilities 41,338.4 EDU
Field Ops. 41,338.4 EDU
Future Willamette Supply 0.0 MGD
Exclude from SDC 0.0 0
•
Table 3: Available Capacities of Existing System _
Requirements per Subscribed Available Capacity Remaining
System Component EDU Units EDU Available Capacity (EDUs) (EDUs) Capacity
Groundwater/ ASR 171.0 gpd 23,975 28.785 0 0.00%
PWB Supply 283.6 gpd 23,975 28,785 0 0.00%
LO- Tigard 20.9 gpd 23,975 28,785 0 0.00%
Bonita Pump Station 20.9 gpd 23,975 28,785 0 0.00%
Water Storage 556.4 gallons 44,034 28,785 15,249 34.63%
Pump Stations 473.7 gpd 41,338 28,785 12.553 30.37%
550-530 Intertie 0.1 gpm 41,338 28,785 12,553 30.37%
Transmission & Distribution 1.0 EDU 41,338 28,785 12,553 30.37%
Administrative Facilities 1.0 EDU 41,338 28,785 12,553 30.37%
Field Ops. 1.0 EDU 41,338 28,785 12,553 30.37%
Future Willamette Supply 0.0 gpd 0 28,785 0 0.00%
Exclude from SDC 0.0 0 0 0 0 0.00%
Table 4: inventory of EDUs for FY2010
Equivalency
Meter Size or Service Line Size _Number of Meters Factor EDUs
5/8 x 3/4 Inch 15,635 1.00 15,635
1 Inch 1,604 2.67 4,279
1.5 Inch 375 8.00 2,999
2 Inch 320 12.99 4,156
3 Inch 24 22.90 550
4 Inch 11 46.97 517
6 Inch 5 50.00 250
8 Inch 5 80.00 400
10 Inch 0 156.30 0
12 Inch 0 225.07 0
Total 17,979 28,785
Table 5: Calculation of Reimbursement Totals
Capacity
Available for Reimbursement
System Component Growth Total
Groundwater/ ASR 0.00% $0
PWB Supply 0.00% 0
LO- Tigard 0.00% 0
Bonita Pump Station 0.00% 0
Water Storage 34.63% 7,840,480
Pump Stations 30.37% 460,603
550 -530 lntertie 30.37% 0
Transmission & Distribution 30.37% 30,143,834
Administrative Facilities 30.37% 712,627
Field Ops. 30.37% 765,118
Future Willamette Supply 0.00% 0
Exclude from SDC 0.00% 0
Total - $39,922,662
Table 6: Reimbursement Fee per EDU
Proposed
Reimbursement
System Component SDC
Groundwater/ ASR $0
PWB Supply 0
LO- Tigard 0
Bonita Pump Station 0
Water Storage 380
Pump Stations 37
550 -530 Intertie 0
Transmission & Distribution 2,401
Administrative Facilities 57
Field Ops. 61
Future Willamette Supply 0
Exclude from SDC 0
Total $2,936
Table 7: Overview of CIP Projects
Description I Total Project Cost
ASR Well 3 — Design & Equip $2,609,963
New Pump Station - Siting Study 50,000
New Pump Station - Design 255,000
New Pump Station - Construction Year 1 (67 %) 963,000
New Pump Station - Construction Year 2 (33 %) 481,000
New PRV from 550G to 410 Zone 105,000
Pipeline connecting 550G and 530 Zones - Design 197,000
Pipeline connecting 550G and 530 Zones -
Construction 1,770,000
Annual Fire Flow Improvement Allocation 3,300,000
Pipeline for installing PRV 550G -4 17,000
Pipeline in Main St. & Tigard Ave. 101,000
Water Master Plan Update 140,000
Willamette Sherwood Pipeline 0
550- 6270 - 755545 - ASR3 463,755
550- 6270 - 755545 - 287,066
550- 6270 - 755827 - 550' Zone 10Mil 3,952,087
550- 6270 - 755828 - 550' Zone Res #2 5,082,407
550- 6270 - 755828 - 1,080,352
550- 6270 - 755951 - Water Res Seismic Upgrade 52,270
550- 6270 - 755970 - 7,052
550- 6270 - 757012 - Menlor Tank Recirc 39,132
Joint Water Supply Projects 89,299,160
Total $110,252,244
•
Table N: Allocation of CIP to System Functions
Groundwater/ Bonita Pump I raonnsslou A I Administrative Future Willamette
Descriplion ASR PWIS Supply I LO- Tigard Station I Water Storage Pump Stalions 550-530 !monk Dislribulion 1 Facilities Field Ops. Supply Exclude from SDC Total
ASR Well 3— Design & Equip 82.809.969 SO $1) SO S0 50 $0 So $0 SO SO SO 52,609.963
New Pump Station - Siting Sludy II O 0 11 11 5011011 0 0 0 U O O 50.00II
New Pump Station - Design U 0 0 II
0 255 000 0 0 0 11 11 II 255.000
New Pump Station- Constmclion Year 1 167%) 0 0 11 0 11 9631010 0 11 0 11 U 0 963,000
Non Pnn8r Swoon - Contslnnclian Year 2 133 %)
0 n 0 11 Il Jx I (1n11 0 0 0 11 0 0 481.000
New PRY hone 55116 10 X 111 Pete 105 11frU
0 0 11 0 11 0 O ll 11 u 0 1054010
Pipeline connecting 550G and 530 Zones - Design 0 0
II tl 0
0 1971/ 0 o u 0 197.000
Pipeline connecting 550G and 530 Zones - Conslmcli. o U 0 0 0 0 1.7711000 0 0 0 0 U 1.770.000
Amtrnl Fire Flora Inlpmr'etncnt Allocation U 0 0 0 0 0 0 0 0 0 0
Pipeline for installing PRV 55116 -1 II 0 0 0 0 1( 0 17,000 II 0 0 0 17.1(1)0
Pipeline ill Main St. IF Tigard Ave. 11 11 11 U II 11 11 101 111111 1( 11 0 fl I1(1 1)10)
Water Manner Plan Update 0
0 11 0 n U 0 0 0 0 tr 0 II
Willamette Sherwood Pipeline 0
0
0 0 0 u 0 0 0 0 0 1r
550 06270 - 755545 - ASR 465.755 0 0 0 0 0 II 0 0 0 0 u 403.755
550 -6 755545 - 287.1160 U 11 fl II 0 11 U 11 11 0 0 287,006
550 -6270- 755827 - 550' Zone 10 431 0 11 0 0 3.952.087 0 0 0 11 0 11 II 3.952.007
550 {2711 - 755828 •Sill' Zone Res #2 U 11 0 U S 1182 J07 0 Il II 0 O 0 U 5.002.407
550-6270-705828 - U
0 0 Il 1 11811.352
0 U
0 11 U U 0 1 080,352
550-0270- 755951 - Water Res Seismic Upgrade 0 0 0 0 52.270 0 0 0 0 0 U 0 52.270
550 -6270- 755970 - 0 0 U 0 0 U 11 II Il 0 11 7.052 7,1152
550 - 6270 - 737012- Mentor Tank Recire 0 0 0 0 39,132 0 Il 0 0 0 0 0 39,137
Joint Walcr Supply Projects 0 0 89.299,160 0 0 0 0 0 0 0 0 0 89.299.160
Total S3465.704 $0 $89.299,100 $0 $10,206,24% 81,749,1100 $1,967,000 811811110 $0 $0 $0 $7.1152 $106,812,241
Table 9: Allocation of Groundwater/ ASR Expansion Costs
Percent Cost for
Total Project Expansion Expansion Cost of Expansion
Description Tigard Costs ($) Capacity Capacity Capacity Units Capacity Capacity Project Group Added Capacity
ASR Well 3 — Design & Equip $2.609,963 1.90 0.00 MGD 0.00% $0 1 0.00
New PRV from 550G to 410 Zone 105,000 1.90 0.00 MGD 0.00% 0 1 0.00
550- 6270 - 755545 - ASR3 463,755 0.00 0.00 MOD 0.00% 0 1 0.00
550- 6270 - 755545 - 287,066 0.00 0.00 MOD 0.00% 0 1 0.00
Total $3,465,784 $0 0.00
Table 10: Allocation of PWB Sup rlv Expansion Costs
Percent Cost for
Total Project Expansion Expansion Cost of Expansion
Description Tigard Costs ($) Capacity Capacity Capacity Units Capacity Capacity Project Group Added Capacity
Total $0 $0 0.00
Table 11: Allocation of LO Tigard Expansion Costs
Percent Cost for
Total Project Expansion Expansion Cost of Expansion
Description Tigard Costs ($) Capacity Capacity Capacity Units Capacity Capacity Project Group Added Capacity
Joint Water Supply Projects 89,299,160 14.00 6.80 MGD 48.57% 43,373.878 6.80
Total 889.299,160 $43,373,878 6.80
Table 12: Allocation of Bonita Pump Station Expansion Costs
Percent Cost for
Total Project Expansion Expansion Cost of Expansion
Description Tigard Costs ($) Capacity Capacity Capacity Units Capacity Capacity Project Group Added Capacity
Total $0 50 0.00
Table 13: Allocation of Water Storage Expansion Costs
Percent Cost for
Total Project Expansion Expansion Cost of Expansion
Description Tigard Costs ($) Capacity Capacity Capacity Units _ Capacity Capacity Project Group Added Capacity
550- 6270 - 755827 - 550' Zone 10Mil 3,952,087 3.00 3.00 MG 100.00% 3,952.087 I 3.00
550- 6270 - 755828 - 550' Zone Res #2 5,082,407 3.00 3.00 MG 100.00% 5,082,407 1 0.00
550- 6270- 755828 - 1.080.352 3.00 3.00 MG 100.00% 1,080.352 1 0.00
550- 6270 - 755951 - Water Res Seismic Upgrade 52,270 0.00 0.00 MG 0.00% 0 0.00
550- 6270 - 757012 - Mentor Tank Recirc 39,132 0.00 0.00 MG 0.00% 0 0.00
Total 510.206,248 $10,114.846 3.00
Table 14: Allocation of Pump Stations Expansion Costs
Percent Cost for
Total Project Expansion Expansion Cost of Expansion
Description Tigard Costs ($) Capacity Capacity Capacity Units Capacity Capacity Project Group Added Capacity
New Pump Station - Siting Study 50,000 3,800.00 0.00 gpm 0.00% 0 I 0.00
New Pump Station - Design 255,000 3,800.00 0.00 gpm 0.00% 0 1 0.00
New Pump Station - Construction Year 1 (67 %) 963,000 3,800.00 0.00 gpm 0.00% 0 I 0.00
New Pump Station - Construction Year 2 (33 %) 481.000 3,800.00 0.00 gpm 0.00% 0 I 0.00
Total $1,749,000 $0 0.00
Table 15: Allocation of 550 -530 Intertic Expansion Costs
Percent Cost for
Total Project Expansion Expansion Cost of Expansion
Description Tigard Costs (8) Capacity Capacity Capacity Units Capacity Capacity Project Group Added Capacity
Pipeline connecting 550G and 530 Zones - Design 197,000 3,136.00 442.80 gpm 14.12% 27.816 1 442.80
Pipeline connecting 550G and 530 Zones- Constructio 1,770,000 3,136.00 442.80 gpm 14.12% 249,924 I 0.00
Total $1,967,000 $277,740 442.80
Table 16: Allocation of Transmission & Distribution Expansion Costs
Percent Cost for
Total Project Expansion Expansion Cost of Expansion
Description Tigard Costs ($) Capacity _ Capacity Capacity Units Capacity Capacity _ Project Group Added Capacity
Pipeline for installing PRV 550G -4 17,000 0.00 0.00 EDU 0.00% 0 0.00
Pipeline in Main St. & Tigard Ave. 101,000 0.00 0.00 EDU 0.00% 0 0.00
Total S118,000 SO 0.00
Table 17: Allocation of Administrative Facilities Expansion Costs
Percent Cost for
Total Project Expansion Expansion Cost of Expansion
Description Tigard Costs (S) Capacity Capacity Capacity Units Capacity Capacity Project Group Added Capacity
Total $0 SO 0.00
Table 18: Allocation of Field Ors. Expansion Costs
Percent Cost for
Total Project Expansion Expansion Cost of Expansion
Description Tigard Costs ($) Capacity Capacity Capacity Units Capacity Capacity Project Group Added Capacity
Total $0 $0 0.00
Table 19: Allocation of Future Willamette Supply Expansion Costs
Percent Cost for
Total Project Expansion Expansion Cost of Expansion
Description Tigard Costs ($) Capacity _ Capacity Capacity Units Capacity Capacity Project Group Added Capacity
Total $0 $0 0.00
Table 20: Allocation of Exclude from SDC Expansion Costs
Percent Cost for
Total Project Expansion Expansion Cost of Expansion
Description Tigard Costs ($) _ Capacity Capacity Capacity Units . Capacity Capacity Project Group Added Capacity
550- 6270 - 755970 - 7,052 0.00 0.00 0 0.00% 0 0.00
Total $7,052 $0 0.00
Table 21: Calculation of Improvement Fee Totals
Capacity
Available for Improvement Fee
System Component Growth Total
Groundwater/ ASR 0.0% $0
PWB Supply 0.0% 0
LO- Tigard 100.0% 43,373,878
Bonita Pump Station 0.0% 0
Water Storage 26.1% 10,1 14,846
Pump Stations 0.0% 0
550 -530 Intertie 31.8% 277,740
Transmission & Distribution 0.0% 0
Administrative Facilities 0.0% 0
Field Ops. 0.0% 0
Future Willamette Supply 0.0% 0
Exclude from SDC 0.0% 0
Total $53,766,464
Table 22: System Capacities for System Improvements
Additional
Capacity from
System Component Improvements Units
Groundwater/ ASR 0.0 MGD
PWB Supply 0.0 MGD
LO- Tigard 6.8 MGD
Bonita Pump Station 0.0 MGD
Water Storage 3.0 MG
Pump Stations 0.0 gpm
550-530 Intertie 442.8 gpm
Transmission & Distribution 0.0 EDU
Administrative Facilities 0.0 EDU
Field Ops. 0.0 EDU
Future Willamette Supply 0.0 MGD
Exclude from SDC 0.0 0
Table 23: New Capacity Available for Growth
Requirements per Additional EDUs
System Component EDU Units Available
Groundwater/ ASR 0.0 gpd 0
PWB Supply 0.0 gpd 0
LO- Tigard 475.5 gpd 14,301
Bonita Pump Station 475.5 gpd 0
Water Storage 556.4 gallons 5,392
Pump Stations 473.7 gpd 0
550-530 Intertie 0.1 gpni 5,845
Transmission & Distribution 1.0 EDU 0
Administrative Facilities 1.0 EDU 0
Field Ops. 1.0 EDU 0
Future Willamette Supply 0.0 gpd 0
Exclude from SDC 0.0 0 0
Table 24: Improvement Fee per EDU
Proposed
System Component Improvement SDC
Groundwater/ ASR $0
PWB Supply 0
LO- Tigard 3,033
Bonita Pump Station 0
Water Storage 490
Pump Stations 0
550 -530 Intertie 15
Transmission & Distribution 0
Administrative Facilities 0
Field Ops. 0
Future Willamette Supply 0
Exclude from SDC 0
Total $3,538
Table 25: Proposed SDC by Meter or Service Line Size
Meter or Service Line Size I Reimbursement I Improvement I Total
5/8 x 3/4 Inch (1 EDU) $2,936 $3,538 $6,474
1 Inch 7,831 9,438 17,269
1.5 Inch 23,479 28,298 51,777
2 Inch 38,126 45,950 84,076
Water System Development Charge
Implementation Option Comparison
December 15, 2010
Option 1 Option 2 Option 3
No Phase - In 3 - Step, 2 - Year Phase - In 4 - Step, 3 - Year Phase - In
Entity that Recommends /Supports #1 Recommendation #2 Recommendation of the Home Builders Association
Intergovernmental Water Intergovernmental Water of Portland (HBA)
Board (IWB) * Board (IWB) *
Implementation Rates by Year per Equivalent Current- $2,041 or $2,763 ** Current- $2,041 or $2,763 ** Current - $2,041 or $2,763 **
Dwelling Units (EDUs) Based on 5/8 x 3/4 2011 - $6,474 2011 - $4,705 2011 - $3,691
Typical Residential Meter 2012 - $6,474 2012 - $5,590 2012 - $4,619
2013 - $6,474 2013 - $6,474 2013 - $5,546
2014 - $6,474 2014 - $6,474 2014 - $6,474
Estimated Revenue Generated
from 2011 through 2014 $970,000 $895,000 $720,000
Estimated Lost SDC Revenue
When Compared to Option 1 N/A $75,000 $250,000
from 2011 through 2014
Schedule for Full Implementation /Time for
Developers to Plan for Maximum SDCs 30 days 2 years 3 years
* The IWB recommended no phase -in. However, the Board acknowledged the Council may opt for a phase -in, and if so, recommended
Option 2.
** The $2,041 applies to the majority of the City (410 service area), and the $2,763 applies to higher elevation areas where additional energy
and pump costs are incurred (Bull Mountain System).
AIS -299 Item #: 5.
Business Meeting
Date: 12/28/2010
Length (in minutes): 10 Minutes
Agenda Title: Consider Ordinance Authorizing Issuance of Water Revenue Bonds
Prepared For: Toby LaFrance Submitted By: Toby LaFrance
Financial and
Information
Services
Item Type: Ordinance Meeting Type: Council Business
Meeting - Main
ISSUE
Request Council to authorize the sale of Water Revenue Bonds.
STAFF RECOMMENDATION / ACTION REQUEST
Staff requests passage of the ordinance.
KEY FACTS AND INFORMATION SUMMARY
Council is being asked to approve an ordinance authorizing the sale of revenue bonds not to exceed a total of
$160,000,000. The non- emergency ordinance allows for a 30 -day period to refer the ordinance and expedites the
City's process to sell the Water Bonds. In Resolution No. 10 -58, Council adopted the Water Rate Study. This study
includes financing for over $150,000,000 in capital projects through 2020. By authorizing an amount not to exceed
$160,000,000, it allows for the financing of all the capital projects.
OTHER ALTERNATIVES
Council can choose not to pass the ordinance.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
This action supports the five -year Council goal to "Continue to monitor the Tigard / Lake Oswego Water
Partnership."
DATES OF PREVIOUS COUNCIL CONSIDERATION
On November 9, 2010, Council adopted Resolution No. 10 -58, approving the Water Rate Study and Resolution No.
10 -59, adopting water rates.
Fiscal Impact
Cost: See Notes Below
Budgeted (yes or no): No
Where Budgeted (department /program): Water
Additional Fiscal Notes:
Approval of this ordinance will not have an immediate impact on costs. This ordinance authorizes the sale of
revenue bonds. The revenue bonds are necessary to fund the capital improvements listed in the Water Financing
Plan that was adopted by Council on November 9, 2010 in Resolution #10 -58.
By Fiscal Year 2017, when all the bonds are issued, annual debt service payments will be approximately $9.5
million. This will be paid for through two primary sources. First, in FY 2017 Tigard will have a $3.0 million
reduction in operating costs generated by partnering with Lake Oswego on Tigard's water source instead of buying
water from Portland. Second, on November 9, 2010 in Resolution #10 -59, Council adopted five years of water rate
increases that will increase revenues from water use charges from $9.0 million in FY 2011 to $17.9 million by FY
2017.
Attachments
Ordinance
AIS -306 Item #: 6.
Business Meeting
Date: 12/28/2010
Length (in minutes): 10 Minutes
Agenda Title: Update on Amending the City's Citizen Involvement Structure and Appointing the Planning
Commission to Serve as Committee for Citizen Involvement
Submitted By: Susan Hartnett
Community Development
Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business
Meeting - Main
ISSUE
Receive an update regarding actions being taken to amend the city's citizen involvement structure and appoint the
Planning Commission as the Committee for Citizen Involvement for land use.
STAFF RECOMMENDATION / ACTION REQUEST
Receive update and provide feedback.
KEY FACTS AND INFORMATION SUMMARY
On November 23, 2010, Council passed Resolution 10 -62. The actions approved in this resolution included:
1. Appointing the Tigard Planning Commission as the state required Committee for Citizen Involvement (CCI)
for land use planning related matters and, if needed, directing City staff to amend the Tigard Municipal Code
to reflect this change;
2. Amending the bylaws and modifying the charge statements of other boards, commissions, and committees to
specifically require citizen involvement as part of their responsibilities;
3. Modifying the bylaws of the then existing Committee for Citizen Involvement to transform that committee
into the Council advisory committee for the Neighborhood Network Program; and
4. Authorizing the City Manager to sign and send a letter to the Department of Land Conservation and
Development (DLCD) notifying their Communications Officer of these changes.
The letter (Attachment 1) was sent on December 1, 2010. The appointment of the Planning Commission as the CCI
for land use was reviewed by the Citizen Involvement Advisory Committee (CIAC), which advises both DLCD
and the Land Conservation and Development Commission (LCD), at their meeting on December 16, 2010.
Staff participated in that meeting via phone and will provide a brief overview of the discussion and comments the
CIAC will be forwarding to DLCD and LCDC.
OTHER ALTERNATIVES
NA
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
4. Advance Methods of Communication
a. External: Develop communication strategy and methods in support of City goals.
DATES OF PREVIOUS COUNCIL CONSIDERATION
June 15, 2010
November 23, 2010
Attachments
Letter to DLCD
December 1, 2010 TIGARD
City of Tigard
Mr. Bob Rindy
Senior Policy Analyst /Legislative Coordinator
Citizen Involvement Advisory Committee
Oregon Land Conservation and Development Department
635 Capitol St. NE, Suite 150
Salem, OR 97301 -2540
Dear Mr. Rindy and Citizen Involvement Advisory Committee members:
On November 23, 2010, in Resolution No. 10 -62, the Tigard City Council assigned the state
required citizen involvement responsibility for land use to the Tigard Planning Commission. This
shift from the prior practice of utilizing an independent Committee for Citizen Involvement (CCI)
was prompted by several factors, which are described below. It does not signal a diminishment of
the city's commitment to meaningful and robust citizen involvement in a broad range of issues and
matters, including land use planning and land use decisions.
For many years, Tigard maintained an independent CCI whose charge included the state required
oversight of citizen involvement in land use and land use decisions. However, their charge has also
encompassed many other responsibilities and the specific charge(s) of the committee has
transitioned several times over the many years of its existence. Recent budget cuts and the desire to
direct limited staff and volunteer resources most effectively toward the full range of citizen
involvement oversight needs required that changes be made to the delegation of these
responsibilities.
The Tigard Comprehensive Plan in Goal 1 says to, "Provide citizens, affected agencies, and other
jurisdictions the opportunity to participate in all phases of the process." The city currently
maintains ten (10) citizen -based volunteer committees with ongoing assignments to advise the City
Council on matters pertaining to their area of responsibility. These range from the required Library
Board and Budget Committee to the Planning Commission, Transportation Advisory Committee,
and Parks and Recreation Advisory Board.
To better implement the Comprehensive Plan policies 1.1.1 — 1.1.5, the City Council has directed in
Resolution 10 -62 that all standing committees, boards, and commissions include in their charge a
statement regarding citizen involvement, appropriate to their primary responsibilities. This new
assignment will be implemented by amending the bylaws for each committee, board, and
commission. The Council also meets annually in open session with each group to review their work
• program and expects to include a review of their citizen involvement efforts as part of that
discussion. Assigning the responsibilities for citizen involvement oversight for land use and land
use decisions to the Planning Commission is clearly consistent with this overall approach.
In Resolution 10 -62, the Council also directed that the charge of the existing Committee for Citizen
Involvement become more narrowly focused on the city's Neighborhood Network program in
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard- or.gov
Oregon Land Conservation and Development Department
December 1, 2010
• Page 2
order to better support and further develop that effort. The name of the committee will change to
reflect this new focus and their charge will also include the responsibility for citizen involvement
appropriate to their main responsibilities.
The Tigard Planning Commission's members are selected by an open, well - publicized public
process. The city's process for appointing board and committee members includes advertisement in
the city's newsletter and online, interviews by the Mayor's Appointment Advisory Committee, and
written notification of appointment.
While these changes are fairly significant, the City Council believes they will strengthen and broaden
the city's efforts to provide meaningful and robust opportunities for citizen involvement on the full
range of issues affecting Tigard. The Council is confident that the Planning Commission can
assume the State - required oversight of citizen involvement in land use and land use decisions. They
are equally sure that the annual discussion of the Commission's work program provides a
reasonable opportunity to consider the effectiveness of their efforts.
Please do not hesitate to contact Susan Hartnett, Assistant Community Development Director, at
503 - 718 -2427 if there are any questions or concerns about these changes.
Sincerely,
Craig Prosser
Tigard City Manager
cc: David Walsh, Tigard Planning Commission President
Anne Debbaut, Metro Regional Representative
Ala^/ AiE No4
AIS -314 Item #: 5 A.
Business Meeting
Date: 12/28/2010
Length (in minutes): 10 Minutes
Agenda Title: Non - Agenda: Resolution Approving the Submittal of a Request for Recreational Trail Grant
Program Funds.
Submitted By: Duane Roberts
Community Development
Item Type: Resolution Meeting Type: Council Business
Meeting - Main
ISSUE
Shall Council approve the submittal of a request for Recreational Trail Program grant dollars to partially fund the
construction of the Woodard Park/Grant Avenue segment of the Fanno Creek Trail?
STAFF RECOMMENDATION / ACTION REQUEST
Adopt a Resolution authorizing the submittal of the grant proposal.
KEY FACTS AND INFORMATION SUMMARY
The Recreation Trail Program (RTP) is a federal -aid assistance program intended to help states to provide and
maintain recreational trails. The program provides funds for all kinds of recreational trail uses, such as pedestrian
uses, bicycling, equestrian uses, cross - county skiing, and various off -road motorized uses. Oregon Parks and
Recreation Department (OPRD) is responsible for administering apportionments made to Oregon. Applications for
RTP funding are accepted every two years. The due date for the current funding cycle is January 15, 2011.
The City's project proposal is the construction of a 1,400 lineal foot segment of the Fanno Creek Trail. The
proposed trail alignment begins from the existing trail segment in Woodard Park and extends downstream, or
southerly, to Grant Avenue. The proposed trail will be constructed to regional trail standards and will meet the
Americans with Disabilities Act guidelines. The path will be a 10 -foot wide paved asphalt path with a 2 -foot gravel
shoulder on each side for some 45% of its length. The remaining portion includes a 50 -foot long pedestrian bridge
over Fanno Creek, and 700 lineal feet of boardwalk. The use of boardwalk avoids the need to fill three wetlands
located within the trail corridor downstream of the bridge, and helps meet Americans with Disabilities Act slope
standards.
OTHER ALTERNATIVES
Submit a funding request to another grant program or fund the project using only City funding sources. The
drawback of the former is that the City has other shovel -ready trail segments in need of funding. The drawback of
using only City funds is that City resources are limited and inadequate to fund all of the parks and trail projects
identified in the Park System Master Plan.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Completion of the Fanno Creek Trail is identified as a priority in the Tigard Park System Master Plan.
DATES OF PREVIOUS COUNCIL CONSIDERATION
Council has not previously considered this agenda item.
Fiscal Impact
Cost: $616,000
Budgeted (yes or no): no
Where budgeted ?:
Additional Fiscal Notes:
The estimated cost of the project is $616,000. This includes design, permitting, and construction. Acquisition is not
part of the project work scope. This is because all the land within the proposed trail right of way has been acquired,
either through City ownership, City greenway trail easement, or Metro - acquired trail easement. The proposed
bridge over Fanno Creek and the 700 lineal feet of boardwalk account for the comparatively high cost of this trail
segment.
Proposed funding sources include:
$140,000 RTP Grant (this is the upper limit of RTP grant awards)
$127,000 Greenspaces Local Share Funds (these funds are transferred from the Brown trail segment. They no
longer will be available to fund a future Brown project.)
$154,000 Parks SDCs (according to the Tigard Parks SDC methodology, 25% is the maximum percentage of Parks
SDCs available for a trail project)
$195,000 Parks Bond Measure (the Park and Recreation Advisory Board recommends Tigard parks bond measure
proceeds be used for project gap funding)
$616,000 Total
Attachments
Resolution
ig 4 c N p,q
AIS -320 Item #: 8. B.
Business Meeting
Date: 12/28/2010
Length (in minutes): 5 Minutes
Agenda Title: Approval of Right -of -Way Acquisition for Burnham Street - Frontier Communications
Northwest, Inc. (Formerly Verizon)
Prepared For: Kim McMillan Submitted By: Ted Kyle
Public Works
Item Type: Motion Requested Meeting Type: Council Business
Update, Discussion, Direct Staff Meeting - Main
ISSUE
Shall the City Council approve the right -of -way acquisition for portions of property along Burnham Street?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends approving the right -of -way acquisition for the Burnham Street project from
Frontier Communications Northwest Inc., (formerly Verizon) for an amount of $67,603.00 and authroizes the City
Manager to sign all documents and make payments needed to complete the right -of -way transfer.
KEY FACTS AND INFORMATION SUMMARY
This property acquistion will widen the right -of -way of Burnham Street by 15 feet so that there is adequate land for
the wider street and sidewalks. The right -of -way agreement consolidates the driveways for the Frontier property
with the Motsumoto property.
This acquistion has taken nearly two years to finalize because of the change in ownership from Verizon to Frontier
Communications. This transaction can now be finalized because Frontier Comminications has agreed to the terms
and compensation. The construction work was allowed to proceed based on a right of entry agreement signed by
Frontier a year ago.
OTHER ALTERNATIVES
Staff knows of no other alternatives.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
The Burnham Street project has been a major Council goal for several years.
DATES OF PREVIOUS COUNCIL CONSIDERATION
There has been no previous Council action on the Frontier right -of -way acquisition.
Fiscal Impact
Cost: $67,603
Budgeted (yes or no): Yes
Where Budgeted (department /program): Gas Tax
Additional Fiscal Notes:
The remaining contract amount for Fiscal Year 2010 -11 is $2,274,917. In Fiscal Year 2010 -2011, $2,391,339 is
budgeted for Burnham Street construction, exceeding the remaining contract amount by $116,422.
The Fiscal Year 2010 -11 Budget does not have a Property Aquisition expense for the Burnham St. Project, as that
was part of prior years' budgets. The $67,603 is less than the anticipated $116,422 of savings in the construction
portion of the project. This savings will be used to fund the land aquisition.
City of Tigard, Oregon
Affidavit of Posting
T I GARD
In the Matter of the Proposed Ordinance(s) /
STATE OF OREGON )
County of Washington ) ss.
City of Tigard / ))
I, DO ei v( (� • lA 11 j71 , 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) 1 —/ , which were adopted at the City Council
meeting of /De c- a 2(» °, with a copy(s) of said Ordinance(s) being hereto
attached and by reference made a part hereof, on the
day of r .,i 4.4,x/ ,20 10
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
OFFICIAL WA
/ /
CI1ROi. A KRAGER
NOTARY PUBLIC-OREGON
COMMISSION NO. 445825 Signature of Person who Performed Postin g
MY COMMISSION EXPIRES FEBRUARY 23.2014
Subscribed and sworn (or affirmed) before me this t /41 day of
a v1 QA!/ ,
Sign e of Notary Public for Orego /
1:1adm1calhyVomulpoal ordinance 2006.doc