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City Council Packet - 02/08/2011
, ' q TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS SIN; N',TING February 8, 2011 COUNCIL MEETING WILL BF, TELKVIS KD I:1Ofs \Donna \Ccpkt1 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard or.gov q City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL - Revised 2/4/11 - Added Item 3.0 - Receive and File of Council Calendar and Tentative Agenda Revised 2/7/11 - Added Executive Session topic called under ORS 192.660 (2) (e) real property negotiations MEETING DATE AND TIME: February 8, 2011 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign -in sheet. Business agenda items can be heard in any order after 7.•30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http: / /www.tvctv.org/ government- progra m ming/government- meetings /tiga rd CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. N City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL - Revised 2/4/11 - Added Item 3.0 - Receive and File of Council Calendar and Tentative Agenda Revised 3/7/11 - Added Executive Session topic called under ORS 192.166 (e) real property negotiations MEETING DATE AND TIME: February 8, 2011 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION A. Intergovernmental Agreement for Right -of -Way Services on SW Main Street from Pacific Highway to the Rail Corridor B. Discuss Exemplary Citizen Award. C. Discuss Potential Council Agenda Topic: Consider Formation of a Recreation & Events Steering Committee (RESC) D. Administrative Items • Board and Committee Code of Conduct Certification Update • Pacific Highway/Hall /Greenburg/Main Completion Celebration. Proposed date change from March 3 to April 7 • Council Calendar • 2/15/2011 - Tuesday - Workshop Meeting - 6:30 p.m. • 2/21/2011 - Monday - Presidents Day, City Hall Closed • 2/22/2011 - Tuesday - Business Meeting - 6:30 p.m. • 2/28/2011 - Monday - Presentation on Successful Community Economic Development 7 -9 p.m. • 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. 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. Tigard High School Student Envoy C. Tigard Area Chamber of Commerce D. Citizen Communication — Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council ) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. Draft minutes will be distributed to the City Council and included in the electronic meeting packet no later than Monday, February 7, 2011 or rescheduled to a future date. 1. November 16, 2010 . Set over to the February 22, 2011, Consent Agenda 2. November 23, 2010 3. December 14, 2010 4. December 21, 2010 5. December 28, 2010 6. December 30, 2010 7. January 1 1, 201 1 8. January 25, 2011 B. Specify City Council Liaison Appointments to City of Tigard and Regional Boards, Commissions, Committees, and Task Forces C. Receive and File: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics • 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. PROCLAIM FEBRUARY 2011 AS KIWANIS CHILDREN'S CANCER CURE MONTH 7:45 PM (Time is estimated) 5. UPDATE FROM METRO COUNCILOR CARL HOSTICKA 7:50 PM (Time is estimated) 6. CONSIDER A RESOLUTION APPROVING THE PURCHASE OF THE POTSO DOG PARK PROPERTY AND AUTHORIZING THE CITY MANAGER TO COMPLETE THE PROPERTY PURCHASE 8:15 (Time is estimated) 7. COUNCIL LIAISON REPORTS 8. NON AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to consult with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed, under ORS 192.660(2) (h) and for real property negotiations, under ORS 192.660 (2) (e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. 8:25 PM (Time is estimated) 10. ADJOURNMENT AIS -309 Item #: A. Business Meeting Date: 02/08/2011 Length (in minutes): 15 Minutes Agenda Title: Intergovernmental Agreement for Right -of -Way Services on SW Main Street from Pacific Highway to the Rail Corridor Submitted By: Kim McMillan Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE The Council will hear a briefing on an intergovernmental agreement (IGA) with the Oregon Department of Transportation (ODOT) to administer funds for right -of -way services related to the Main Street /Green Street Retrofit project. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Councilors listen to the briefing and discuss the IGA. KEY FACTS AND INFORMATION SUMMARY The Main Street /Green Street Retrofit project will reconfigure Main Street. The project will improve vehicular, bicycle, and pedestrian circulation. Project improvements include: • Wider sidewalks • Landscaping • New street lighting • Street trees • An environmentally sensitive stormwater surface treatment system The City of Tigard received a $2.5 million federally funded grant from Metro to complete the project. Although Metro awarded the grant, federally funded transportation grants are administered by ODOT. The Council has already approved an IGA giving ODOT the authority to administer grant funds related to project design and construction. Preliminary work on the project indicates minor right -of -way adjustments will be needed. ODOT requires a separate IGA to administer grant funds related to right -of -way acquisition. This is the IGA now under discussion. This IGA is slated to come before the Council at its February 22, 2011 meeting. The IGA caps ODOT's fees to administer right -of -way services at $10,000. This amount can only be increased by mutual agreement of the City and ODOT. Right -of -way administration fees will be billed to the project. The IGA was reviewed by the City Attorney's office. OTHER ALTERNATIVES The Council is not being asked to take any action on the IGA at this meeting. The IGA is slated to come before the Council on February 22, 2011. At that time the Council could decide not to approve the IGA. However, failure to approve the IGA will prohibit the City from using federal grant dollars for right -of -way acquisition and may also jeopardize the City's federal funding for other aspects of the project. • COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2010 Council Goal #2, "Implement Downtown Urban Renewal" Adopted Plans: Tigard Downtown Streetscape Design Plan (2006) City Center Urban Renewal Plan (2005) DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this IGA has come before the Council for discussion. Fiscal Impact Cost: $10,000 Budgeted (yes or no): Yes Where Budgeted (department /program): Road Fund CIP Additional Fiscal Notes: The FY 2011 Adopted Budget has $650,000 in the Capital Improvement Plan (CIP) for Tigard's portion of the Main Street / Green Street project. The project is funded from $450,000 of Gas Tax and $200,000 from the Water Fund for water infrastructure work during the project. Of the $650,000, $42,000 is for Project Management. The cost of the IGA up to $10,000 is part of the Project Management portion of the project. Attachments ELL Misc. Contracts and Agreements No.26897 INTERGOVERNMENTAL AGREEMENT FOR RIGHT OF WAY SERVICES SW Main Street: 99W to Rail Corridor THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State "; and the CITY OF TIGARD, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 283.110, 366.572 and 366.576, state agencies may enter into agreements with units of local government or other state agencies for the performance of any or all functions and activities that a Party to the agreement, its officers, or agents have the authority to perform. 2. By the authority granted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within the State. When said money or a letter of credit is deposited, State shall proceed with the Project. Money so deposited shall be disbursed for the purpose for which it was deposited. 3. That certain SW Main Street is a city street under the jurisdiction and control of Agency and Agency may enter into an agreement for the acquisition of real property. 4. n /a, is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 5. This Agreement shall define roles and responsibilities of the Parties regarding the real property to be used as part of right of way for road, street or construction of public improvement. The scope and funding may be further described in Local Agency Agreement number 25365. Hereinafter, all acts necessary to accomplish services in this Agreement shall be referred to as "Project." NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the Parties hereto as follows: R/W Services IGA (Revised April 2010) - 1 - TERMS OF AGREEMENT 1. Under such authority, State and Agency agree to perform certain right of way activities shown in Special Provisions - Exhibit A, attached hereto and by this reference made a part hereof. If the State performs right of way services on behalf of the Agency, under no conditions shall Agency's obligations for said services exceed a maximum of $10,000, including all expenses, unless agreed upon by both Parties. 2. The work shall begin on the date all required signatures are obtained and shall be completed no later than (ten) 10 calendar years, on which date this Agreement automatically terminates unless extended by a fully executed amendment. 3. The process to be followed by the Parties in carrying out this Agreement is set out in Exhibit A. 4. It is further agreed both Parties will strictly follow the rules, policies and procedures of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35 and the "State Right of Way Manual ". STATE OBLIGATIONS 1. State shall perform the work described in Special Provisions - Exhibit A. 2. With the exception of work related to appraisals, State shall not enter into any subcontracts for any of the work scheduled under this Agreement without obtaining prior written approval from Agency. 3. If the State performs right of way services on behalf of the Agency, State shall perform the service under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings. 4. State's right of way contact person for this Project is Matt Gossett, Right -of -Way Agent, 123 NW Flanders St, Portland, OR 97209 -4012 , 503 - 731 -8425, matthew .c.gossett©odot.state.or.us, or assigned designee upon individual's absence. AGENCY OBLIGATIONS 1. Agency shall perform the work described in Special Provisions - Exhibit A. 2. Agency certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within 26897 - 2 - Agency's current appropriation or limitation of current budget. Agency is willing and able to finance all, or its pro -rata share of all, costs and expenses incurred in the Project up to its maximum. 3. Agency may utilize its own staff or subcontract any of the work scheduled under this Agreement provided Agency receives prior written approval of any staff, consultant or contractor by the State's Region Right of Way office. 4. Agency represents that this Agreement is signed by personnel authorized to do so on behalf of Agency. 5. Agency's right of way contact person for this Project is Kim McMillan, Project Manager, City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223, 503 - 639 -4171, kim @tigard- or.gov, or assigned designee upon individual's absence. PAYMENT FOR SERVICES AND EXPENDITURES: 1. In consideration for the services performed by State (as identified in the attached Exhibit A), Agency agrees to pay or reimburse State a maximum amount of $10,000. Said maximum amount shall include reimbursement for all expenses, including travel expenses. Travel expenses shall be reimbursed to State in accordance with the current Oregon Department of Administrative Services' rates. Any expenditure beyond federal participation will be from, or reimbursed from, Agency funds. Payment in Agency and /or federal funds in any combination shall not exceed said maximum, unless agreed upon by both Parties. 2. Agency agrees to reimburse salaries and payroll reserves of State employees working on Project, direct costs, costs of rental equipment used, and per -diem expenditures. GENERAL PROVISIONS: 1. This Agreement may be terminated by either Party upon thirty (30) days' notice, in writing and delivered by certified mail or in person, under any of the following conditions: a. If either Party fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If either Party fails to perform any of the other provisions of this Agreement or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice fails to correct such failures within ten (10) days or such longer period as may be authorized. c. If Agency fails to provide payment of its share of the cost of the Project. 26897 - 3 - d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. 2. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 3. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 4. Agency shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235 and 279B.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 5. All employers, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required workers' compensation coverage unless such employers are exempt under ORS 656.126. Both Parties shall ensure that each of its subcontractors complies with these requirements. 6. Both Parties shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless each other, their officers and employees from any and all claims, suits, or actions may occur in their respective performance of this Project. Agency's 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'. 26897 - 4 - 7. Notwithstanding the foregoing defense obligations under the paragraph above, neither Party nor any attorney engaged by either Party shall defend any claim in the name of the other Party or any agency /department/division of such other Party, nor purport to act as legal representative of the other Party or any of its agencies /departments /divisions, without the prior written consent of the legal counsel of such other Party. Each Party may, at anytime at its election assume its own defense and settlement in the event that it determines that the other Party is prohibited from defending it, or that other Party is not adequately defending it's interests, or that an important governmental principle is at issue or that it is in the best interests of the Party to do so. Each Party reserves all rights to pursue any claims it may have against the other if it elects to assume its own defense. 8. If federal funds are involved in this Agreement, Exhibits B and C are attached hereto and by this reference made a part of this Agreement, and are hereby certified to by Agency. 9. If federal funds are involved in this Agreement, Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency's breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon Agency's breach of any such conditions that requires the State to return funds to the Federal Highway Administration, hold harmless and indemnify the State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non - appropriated funds, up to the amount received under this Agreement. 10. The Parties hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 11.This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 12. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either 26897 - 5 - Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledges that its signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. The Oregon Transportation Commission on May 20, 2009, approved Delegation Order No. 3, which authorizes the Director and Deputy Director, Highways to approve and execute all agreements pertaining to real property transactions. On July 7, 2005, the Director and Deputy Director, Highways approved Subdelegation Order No. 4, in which the Director and Deputy Director, Highways delegates authority to the Technical Services Manager /Chief Engineer to approve and execute all agreements pertaining to real property transactions. Signature Page to Follow 26897 - 6 - Pursuant to a Letter of Authority dated August 3, 2005, the Technical Services Manager /Chief Engineer authorized the State Right of Way Manager to approve and sign all Department real property deeds, contracts, agreements, and other documents pertaining to real property transactions and to approve and execute agreements with other governmental jurisdictions to employ Right of Way Section staff. CITY OF TIGARD, by and through STATE OF OREGON, by and through its elected officials its Department of Transportation By By Mayor State Right of Way Manager Date Date By APPROVAL RECOMMENDED Recorder By Date Region 1 Right of Way Manager APPROVED AS TO LEGAL SUFFICIENCY Date By By City Attorney Date Date Agency Contact: APPROVED AS TO LEGAL SUFFICIENCY Kim McMillan 13125 SW Hall Blvd By n/a Tigard, OR 97223 Assistant Attorney General 503 - 718 -2643 kim @tigard- or.gov Date State Contact: APPROVED Michele Thom (If Litigation Work Related to Condemnation is 123 NW Flanders to be done by State) Portland, OR 97209 503 - 731 -8279 By n/a Michele.R.Thom @odot.state.or.us Chief Trial Counsel Date 26897 - 7 - SPECIAL PROVISIONS EXHIBIT A Right of Way Services THINGS TO BE DONE BY STATE OR AGENCY 1. Pursuant to this Agreement, the work performed on behalf of the Agency can be performed by the Agency, the Agency's consultant, or a State Flex Services consultant. The work may be performed by Agency staff or any of these representatives on behalf of Agency individually or collectively provided they are qualified to perform such functions and after receipt of approval from the State's Region 1 Right of Way Manager. Said approval must be obtained, in writing, prior to the performance of said activities. 2. With the exception of work related to appraisals, State shall not enter into any subcontracts for any of the work scheduled under this Agreement without obtaining prior written approval from Agency. 3. Both Parties will strictly follow the rules, policies and procedures of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35 and the "State Right of Way Manual ". Instructions: Insert either: State, Agency, or N/A on each line. A. Preliminary Phase 1. Agency shall provide preliminary cost estimates. 2. Agency shall make preliminary contacts with property owners. 3. Agency shall gather and provide data for environmental documents. 4. Agency shall develop access and approach road list. 5. Agency shall help provide field location and Project data. B. Acquisition Phase 1. General: a. When doing the Acquisition work, Agency shall provide State with a status report of the Project quarterly. b. Title to properties acquired shall be in the name of the Agency. 26897 - 8 - c. Prior to the initiation of acquisitions, if title to the properties is to be acquired in the name of the Agency, the Agency shall adopt a resolution of intention and determination of necessity in accord with ORS 35.235 and ORS 35.610, authorizing acquisition and condemnation. If the Oregon Department of Justice is to handle condemnation work, prior approval evidenced by Chief Trial Counsel, Department of Justice, signature on this Agreement is required; and authorization for such representation shall be included in the resolution adopted by the Agency. Prior approval by Oregon Department of Justice is required. 2. Legal Descriptions: a. Agency shall provide sufficient horizontal control, recovery and retracement surveys, vesting deeds, maps and other data so that legal descriptions can be written. b. Agency shall provide construction plans and cross - section information for the Project. c. Agency shall write legal descriptions and prepare right of way maps. If the Agency acquires any right of way on a State highway, the property descriptions and right of way maps shall be based upon centerline stationing and shall be prepared in accordance with the current "State Right of Way & Rail /Utility Coordination Manual ", "Contractor Services Guide" and the "Right of Way Engineering Manual ". The preliminary and final versions of the property descriptions and right of way maps must be reviewed and approved by the State. d. Agency shall specify the degree of title to be acquired (e.g., fee, easement). 3. Real Property and Title Insurance: a. Agency shall provide preliminary title reports, if State determines they are needed, before negotiations for acquisition commence. b. Agency shall determine sufficiency of title (taking subject to). If the Agency acquires any right of way on a State highway, sufficiency of title (taking subject to) shall be determined in accordance with the current "State Right of Way Manual" and the "Contractor Services Guide ". Agency shall clear any encumbrances necessary to conform to these requirements, obtain Title Insurance policies as required and provide the State copies of any title policies for the properties acquired. 26897 - 9 - c. Agency shall conduct a Level 1 Hazardous Materials Study within project limits to detect presence of hazardous materials on any property purchase, excavation or disturbance of structures, as early in the project design as possible, but at a minimum prior to property acquisition or approved design. d. Agency shall conduct a Level 2 Site Investigation of sufficient scope to confirm the presence of contamination, determine impacts to properties and develop special provisions and cost estimates, if the Level 1 Corridor study indicates the potential presence of contamination that could impact the properties. • If contamination is found, a recommendation for remediation will be presented to State. e. Agency shall be responsible for arrangement of any necessary remediation. f. Agency shall conduct asbestos, lead paint and other hazardous materials surveys for all structures that will be demolished, renovated or otherwise disturbed. Asbestos surveys must be conducted by an AHERA (asbestos hazard emergency response act) certified inspector. 4. Appraisal: a. Agency shall conduct the valuation process of properties to be acquired. b. Agency shall perform the Appraisal Reviews. c. Agency shall recommend Just Compensation, based upon a review of the valuation by qualified personnel. 5. Negotiations: a. Agency shall tender all monetary offers to land- owners in writing at the compensation shown in the appraisal review. Conveyances taken for more or less than the approved Just Compensation will require a statement justifying the settlement. Said statement will include the consideration of any property trades, construction obligations and zoning or permit concessions. If State performs this function, it will provide the Agency with all pertinent letters, negotiation records and obligations incurred during the acquisition process. b. State and Agency shall determine a date for certification of right of way and agree to cosign the State's Right of Way Certification form. State and Agency agree possession of all right of way shall occur prior to advertising of any 26897 - 10 - construction contract, unless appropriate exceptions have been agreed to by Agency and State. c. Agency agrees to file all Recommendations for Condemnation at least seventy (70) days prior to the right of way certification date if negotiations have not been successful on those properties. 6. Relocation: a. Agency shall perform any relocation assistance, make replacement housing computations, and do all things necessary to relocate any displaced Parties on the Project. b. Agency shall make all relocation and moving payments for the Project. c. Agency shall perform the relocation appeal process. C. Closing Phase 1. Agency shall close all transactions. This includes drawing of deeds, releases and satisfactions necessary to clear title, obtaining signatures on release documents, and making all payments. If Agency is handling the closing, State shall submit all signed Final Report packets, information required by the Uniform Act, and agreements to the Agency. 2. Agency shall record conveyance documents, only upon acceptance by appropriate agency. D. Property Management 1. Agency shall take possession of all the acquired properties. There shall be no encroachments of buildings or other private improvements allowed upon the State highway right of way. 2. Agency shall dispose of all improvements and excess land. E. Condemnation 1. N/A may offer mediation if the Parties have reached an impasse. 2. Agency shall perform all administrative functions in preparation of the condemnation process, such as preparing final offer and complaint letters. 26897 - 11 - 3. Agency shall perform all legal and litigation work related to the condemnation process. (If State agrees to handle legal and litigation work, prior approval evidenced by Chief Trial Counsel, Department of Justice, signature on this Agreement is required. Where it is contemplated that property will be obtained for Agency for the Project, such approval will be conditioned on passage of a resolution by Agency substantially in the form attached hereto as Exhibit D, and by this reference made a part hereof, specifically identifying the property being acquired.) 4. Where State shall perform legal or litigation work related to the condemnation process, Agency acknowledges, and agrees and undertakes to assure that no member of Agency's board or council, nor Agency's mayor, when such member or mayor is a practicing attorney, nor Agency's attorney nor any member of the law firm of Agency's attorney, board or council member, or mayor, will represent any Party, except Agency, against the State of Oregon, its employees or contractors, in any matter arising from or related to the Project which is the subject of this Agreement. F. Transfer of Right of Way to State If applicable, Agency agrees to transfer to the State all right of way acquired on the State highway which was acquired in the Agency's name. The specific method of conveyance will be determined by the Agency and the State at the time of transfer and shall be coordinated by the State's Region Right of Way Manager. Agency agrees to provide the State all information and file documentation the State deems necessary to integrate the right of way into the State's highway system. At a minimum, this includes: copies of all recorded conveyance documents used to vest title in the name of the Agency during the right of way acquisition process, and the Agency's Final Report or Summary Report for each acquisition file that reflects the terms of the acquisition and all agreements with the property owner(s). 26897 - 12 - For purposes of Exhibits B and C, references to Department shall mean State, references to Contractor shall mean Agency, and references to Contract shall mean Agreement. EXHIBIT B (Local Agency or State Agency) CONTRACTOR CERTIFICATION Contractor certifies by signing this Contract that Contractor has not: (a) Employed or retained for a commission, percentage, brokerage, contingency fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Contractor) to solicit or secure this Contract, (b) agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out the Contract, or (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Contractor), any fee, contribution, donation or consideration of any kind for or in connection with, procuring or carrying out the Contract, except as here expressly stated (if any): Contractor further acknowledges that this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable State and Federal laws, both criminal and civil. DEPARTMENT OFFICIAL CERTIFICATION Department official likewise certifies by signing this Contract that Contractor or his /her representative has not been required directly or indirectly as an expression of implied condition in connection with obtaining or carrying out this Contract to: (a) Employ, retain or agree to employ or retain, any firm or person or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind except as here expressly stated (if any): Department official further acknowledges this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable State and Federal laws, both criminal and civil. Exhibit C Federal Provisions Oregon Department of Transportation CERTIFICATION OF NONINVOLVEMENT IN ANY DEBARMENT AND SUSPENSION Contractor certifies by signing this Contract that to the best of its knowledge and belief, it and its principals: 26897 - 13 - 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or 2. The inability to provide the certification voluntarily excluded from covered required below will not necessarily result in transactions by any Federal department or denial of participation in this covered agency; transaction. The Contractor shall explain why he or she cannot provide the 2. Have not within a three -year period preceding certification set out below. This explanation this Contract been convicted of or had a civil will be considered in connection with the judgment rendered against them for Department determination to enter into this commission of fraud or a criminal offense in transaction. Failure to furnish an explanation connection with obtaining, attempting to shall disqualify such person from obtain or performing a public (federal, state or participation in this transaction. local) transaction or contract under a public 3. The certification in this clause is a material transaction; violation of federal or state representation of fact upon which reliance antitrust statutes or commission of was placed when the Department embezzlement, theft, forgery, bribery determined to enter into this transaction. If it falsification or destruction of records, making is later determined that the Contractor false statements or receiving stolen property; knowingly rendered an erroneous certification, in addition to other remedies 3. Are not presently indicted for or otherwise available to the Federal Government or the criminally or civilly charged by a Department may terminate this transaction governmental entity (federal, state or local) for cause of default. with commission of any of the offenses enumerated in paragraph (1)(b) of this 4. The Contractor shall provide immediate certification; and written notice to the Department if at any time the Contractor learns that its 4. Have not within a three -year period preceding certification was erroneous when submitted this Contract had one or more public or has become erroneous by reason of transactions (federal, state or local) changed circumstances. terminated for cause or default. 5. The terms "covered transaction ", "debarred ", Where the Contractor is unable to certify to any of "suspended ", "ineligible ", "lower tier covered the statements in this certification, such prospective transaction ", "participant ", "person ", "primary participant shall submit a written explanation to covered transaction ", "principal ", and Department. "voluntarily excluded ", as used in this clause, have the meanings set out in the Definitions List exceptions. For each exception noted, indicate and Coverage sections of the rules to whom the exception applies, initiating agency, and implementing Executive Order 12549. You dates of action. If additional space is required, attach may contact the Department's Program another page with the following heading: Certification Section (Tel. (503) 986 -3400) to which this Exceptions continued, Contract Insert. proposal is being submitted for assistance in obtaining a copy of those regulations. EXCEPTIONS: 6. The Contractor agrees by entering into this Exceptions will not necessarily result in denial of Contract that, should the proposed covered award, but will be considered in determining transaction be entered into, it shall not Contractor responsibility. Providing false information knowingly enter into any lower tier covered may result in criminal prosecution or administrative transactions with a person who is debarred, sanctions. suspended, declared ineligible or voluntarily excluded from participation in this covered The Contractor is advised that by signing this transaction, unless authorized by the Contract, the Contractor is deemed to have signed Department or agency entering into this this certification. transaction. II. INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 7. The Contractor further agrees by entering AND OTHER RESPONSIBILITY MATTERS— into this Contract that it will include the PRIMARY COVERED TRANSACTIONS Addendum to Form FHWA -1273 titled, "Appendix B-- Certification Regarding 1. By signing this Contract, the Contractor is Debarment, Suspension, Ineligibility and providing the certification set out below. Voluntary Exclusion - -Lower Tier Covered Transactions ", provided by the Department 2. The certification in this clause is a material entering into this covered transaction without representation of fact upon which reliance modification, in all lower tier covered was placed when this transaction was transactions and in all solicitations for lower entered into. If it is later determined that the tier covered transactions. prospective lower tier participant knowingly rendered an erroneous certification, in 8. A participant in a covered transaction may addition to other remedies available to the rely upon a certification of a prospective Federal Government, the department or participant in a lower tier covered transaction agency with which this transaction originated that it is not debarred, suspended, ineligible may pursue available remedies, including or voluntarily excluded from the covered suspension and /or debarment. transaction, unless it knows that the certification is erroneous. A participant may 3. The prospective lower tier participant shall decide the method and frequency by which it provide immediate written notice to the determines the eligibility of its principals. person to which this Contract is submitted if Each participant may, but is not required to, at any time the prospective lower tier check the Nonprocurement List published by participant learns that its certification was the U. S. General Services Administration. erroneous when submitted or has become erroneous by reason of changed 9. Nothing contained in the foregoing shall be circumstances. construed to require establishment of a system of records to render in good faith the 4. The terms "covered transaction ", "debarred ", certification required by this clause. The "suspended ", "ineligible ", "lower tier covered knowledge and information of a participant is transaction ", "participant ", "person ", "primary not required to exceed that which is normally covered transaction ", "principal ", "proposal ", possessed by a prudent person in the and "voluntarily excluded ", as used in this ordinary course of business dealings. clause, have the meanings set out in the Definitions and Coverage sections of rules 10. Except for transactions authorized under implementing Executive Order 12549. You paragraph 6 of these instructions, if a may contact the person to which this participant in a covered transaction Contract is submitted for assistance in knowingly enters into a lower tier covered obtaining a copy of those regulations. transaction with a person who is suspended, debarred, ineligible or voluntarily excluded 5. The prospective lower tier participant agrees from participation in this transaction, in by submitting this Contract that, should the addition to other remedies available to the proposed covered transaction be entered Federal Government or the Department, the into, it shall not knowingly enter into any Department may terminate this transaction lower tier covered transaction with a person for cause or default. who is debarred, suspended, declared ineligible or voluntarily excluded from Ill. ADDENDUM TO FORM FHWA -1273, participation in this covered transaction, REQUIRED CONTRACT PROVISIONS unless authorized by the department or agency with which this transaction This certification applies to subcontractors, material originated. suppliers, vendors, and other lower tier participants. 6. The prospective lower tier participant further • Appendix B of 49 CFR Part 29 - agrees by submitting this Contract that it will include this clause titled, "Certification Appendix B -- Certification Regarding Debarment, Regarding Debarment, Suspension, . Suspension, Ineligibility, and Voluntary Ineligibility and Voluntary Exclusion - -Lower Exclusion - -Lower Tier Covered Transactions Tier Covered Transaction ", without modification, in all lower tier covered Instructions for Certification transactions and in all solicitations for lower tier covered transactions. 1. By signing and submitting this Contract, the prospective lower tier participant is providing 7. A participant in a covered transaction may the certification set out below. rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the percentage, brokerage fee, gifts or any other certification is erroneous. A participant may consideration contingent upon or resulting decide the method and frequency by which it from the award or making of this Contract. determines the eligibility of its principals. For breach or violation of this warranting, Each participant may, but is not required to, Department shall have the right to annul this check the nonprocurement list. Contract without liability or in its discretion to deduct from the Contract price or 8. Nothing contained in the foregoing shall be consideration or otherwise recover, the full construed to require establishment of a amount of such fee, commission, system of records to render in good faith the percentage, brokerage fee, gift or contingent certification required by this clause. The fee. knowledge and information of a participant is not required to exceed that which is normally 2. Contractor shall not engage, on a full or possessed by a prudent person in the part-time basis or other basis, during the ordinary course of business dealings. period of the Contract, any professional or technical personnel who are or have been at 9. Except for transactions authorized under any time during the period of this Contract, in paragraph 5 of these instructions, if a the employ of Department, except regularly participant in a covered transaction retired employees, without written consent of knowingly enters into a lower tier covered the public employer of such person. transaction with a person who is suspended, debarred, ineligible or voluntarily excluded 3. Contractor agrees to perform consulting from participation in this transaction, in services with that standard of care, skill and addition to other remedies available to the diligence normally provided by a professional Federal Government, the department or in the performance of such consulting agency with which this transaction originated services on work similar to that hereunder. may pursue available remedies, including Department shall be entitled to rely on the suspension and /or debarment. accuracy, competence, and completeness of Contractor's services. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary V. NONDISCRIMINATION Exclusion - -Lower Tier Covered Transactions During the performance of this Contract, Contractor, for himself, his assignees and a. The prospective lower tier participant successors in interest, hereinafter referred to as certifies, by entering into this Contract, Contractor, agrees as follows: that neither it nor its principals is presently debarred, suspended, 1. Compliance with Regulations. Contractor proposed for debarment, declared agrees to comply with Title VI of the Civil ineligible or voluntarily excluded from Rights Act of 1964, and Section 162(a) of participation in this transaction by any the Federal -Aid Highway Act of 1973 and the Federal department or agency. Civil Rights Restoration Act of 1987. Contractor shall comply with the regulations b. Where the prospective lower tier of the Department of Transportation relative participant is unable to certify to any of to nondiscrimination in Federally assisted the statements in this certification, such programs of the Department of prospective participant shall submit a Transportation, Title 49, Code of Federal written explanation to Department. Regulations, Part 21, as they may be amended from time to time (hereinafter IV. EMPLOYMENT referred to as the Regulations), which are incorporated by reference and made a part 1. Contractor warrants that he has not of this Contract. Contractor, with regard to employed or retained any company or the work performed after award and prior to person, other than a bona fide employee completion of the Contract work, shall not working solely for Contractor, to solicit or discriminate on grounds of race, creed, secure this Contract and that he has not paid color, sex or national origin in the selection or agreed to pay any company or person, and retention of subcontractors, including other than a bona fide employee working procurement of materials and leases of solely for Contractors, any fee, commission, equipment. Contractor shall not participate either directly or indirectly in the access to his books, records, accounts, discrimination prohibited by Section 21.5 of other sources of information, and his the Regulations, including employment facilities as may be determined by practices, when the Contract covers a Department or FHWA as appropriate, and program set forth in Appendix B of the shall set forth what efforts he has made to Regulations. obtain the information. 2. Solicitation for Subcontractors, including 5. Sanctions for Noncompliance. In the event of Procurement of Materials and Equipment. In Contractor's noncompliance with the all solicitations, either by competitive bidding nondiscrimination provisions of the Contract, or negotiations made by Contractor for work Department shall impose such agreement to be performed under a subcontract, sanctions as it or the FHWA may determine including procurement of materials and to be appropriate, including, but not limited equipment, each potential subcontractor or to: supplier shall be notified by Contractor of Contractor's obligations under this Contract a. Withholding of payments to Contractor and regulations relative to nondiscrimination under the agreement until Contractor on the grounds of race, creed, color, sex or complies; and /or national origin. b. Cancellation, termination or suspension 3. Nondiscrimination in Employment (Title VII of the agreement in whole or in part. of the 1964 Civil Rights Act). During the performance of this Contract, Contractor 6. Incorporation of Provisions. Contractor will agrees as follows: include the provisions of paragraphs 1 through 6 of this section in every a. Contractor will not discriminate against subcontract, including procurement of any employee or applicant for materials and leases of equipment, unless employment because of race, creed, exempt from Regulations, orders or color, sex or national origin. Contractor instructions issued pursuant thereto. will take affirmative action to ensure that Contractor shall take such action with applicants are employed, and that respect to any subcontractor or procurement employees are treated during as Department or FHWA may direct as a employment, without regard to their means of enforcing such provisions, race, creed, color, sex or national origin. including sanctions for noncompliance; Such action shall include, but not be provided, however, that in the event limited to the following: employment, Contractor becomes involved in or is upgrading, demotion or transfer; threatened with litigation with a recruitment or recruitment advertising; subcontractor or supplier as a result of such layoff or termination; rates of pay or direction, Department may, at its option, other forms of compensation; and enter into such litigation to protect the selection for training, including interests of Department, and, in addition, apprenticeship. Contractor agrees to Contractor may request Department to enter post in conspicuous places, available to into such litigation to protect the interests of employees and applicants for the State of Oregon. employment, notice setting forth the provisions of this nondiscrimination VI. DISADVANTAGED BUSINESS clause. ENTERPRISE (DBE) POLICY b. Contractor will, in all solicitations or In accordance with Title 49, Code of Federal advertisements for employees placed by Regulations, Part 26, Contractor shall agree to or on behalf of Contractor, state that all abide by and take all necessary and reasonable qualified applicants will receive steps to comply with the following statement: consideration for employment without regard to race, creed, color, sex or DBE POLICY STATEMENT national origin. DBE Policy. It is the policy of the United States 4. Information and Reports. Contractor will Department of Transportation (USDOT) to provide all information and reports required practice nondiscrimination on the basis of race, by the Regulations or orders and instructions color, sex and /or national origin in the award issued pursuant thereto, and will permit and administration of USDOT assist contracts. Any DBE participation attained after the DBE Consequently, the DBE requirements of 49 goal has been satisfied should be reported to CFR 26 apply to this Contract. the Departments. Required Statement For USDOT Financial DBE Definition. Only firms DBE Assistance Agreement. If as a condition of certified by the State of Oregon, Department of assistance the Agency has submitted and the Consumer & Business Services, Office of US Department of Transportation has approved Minority, Women & Emerging Small Business, a Disadvantaged Business Enterprise may be utilized to satisfy this obligation. Affirmative Action Program which the Agency agrees to carry out, this affirmative action CONTRACTOR'S DBE CONTRACT GOAL program is incorporated into the financial assistance agreement by reference. DBE GOAL 0 % DBE Obligations. The Department and its By signing this Contract, Contractor assures Contractor agree to ensure that Disadvantaged that good faith efforts have been made to meet Business Enterprises as defined in 49 CFR 26 the goal for the DBE participation specified in have the opportunity to participate in the the Contract for this project as required by ORS performance of contracts and subcontracts 200.045, and 49 CFR 26.53 and 49 CFR, Part financed in whole or in part with Federal funds. 26, Appendix A. In this regard, Contractor shall take all necessary and reasonable steps in accordance VII. LOBBYING with 49 CFR 26 to ensure that Disadvantaged Business Enterprises have the opportunity to The Contractor certifies, by signing this compete for and perform contracts. Neither agreement to the best of his or her knowledge Department nor its contractors shall and belief, that: discriminate on the basis of race, color, national origin or sex in the award and performance of 1. No Federal appropriated funds have been federally- assisted contracts. The Contractor paid or will be paid, by or on behalf of the shall carry out applicable requirements of 49 undersigned, to any person for influencing or CFR Part 26 in the award and administration of attempting to influence an officer or such contracts. Failure by the Contractor to employee of any Federal agency, a Member carry out these requirements is a material of Congress, an officer or employee of breach of this Contract, which may result in the Congress or an employee of a Member of termination of this Contract or such other Congress in connection with the awarding of remedy as Department deems appropriate. any Federal contract, the making of any Federal grant, the making of any Federal The DBE Policy Statement and Obligations loan, the entering into of any cooperative shall be included in all subcontracts entered into agreement, and the extension, continuation, under this Contract. renewal, amendment or modification of any Federal contract, grant, loan or cooperative Records and Reports. Contractor shall provide agreement. monthly documentation to Department that it is subcontracting with or purchasing materials 2. If any funds other than Federal appropriated from the DBEs identified to meet Contract funds have been paid or will be paid to any goals. Contractor shall notify Department and person for influencing or attempting to obtain its written approval before replacing a influence an officer or employee of any DBE or making any change in the DBE Federal agency, a Member of Congress, an participation listed. If a DBE is unable to fulfill officer or employee of Congress or an the original obligation to the Contract, employee of a Member of Congress in Contractor must demonstrate to Department the connection with this agreement, the Affirmative Action steps taken to replace the undersigned shall complete and submit DBE with another DBE. Failure to do so will Standard Form -LLL, "Disclosure Form to result in withholding payment on those items. Report Lobbying ", in accordance with its The monthly documentation will not be required instructions. after the DBE goal commitment is satisfactory to Department. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor also agrees by signing this agreement that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. FOR INQUIRY CONCERNING DEPARTMENT'S DBE PROGRAM REQUIREMENT CONTACT OFFICE OF CIVIL RIGHTS AT (503)986 -4354. RESOLUTION EXERCISING THE POWER OF EMINENT DOMAN EXHIBIT D Right of Way Services WHEREAS City of Tigard may exercise the power of eminent domain pursuant to (Agency's charter) (statutes conferring authority) and the Law of the State of Oregon generally, when the exercise of such power is deemed necessary by the City of Tigard's governing body to accomplish public purposes for which City of Tigard has responsibility; WHEREAS City of Tigard has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public; WHEREAS the project or projects known as Main St.: Rail Corridor to 99W have been planned in accordance with appropriate engineering standards for the construction, maintenance or improvement of said transportation infrastructure such that property damage is minimized, transportation promoted, travel safeguarded; and WHEREAS to accomplish the project or projects set forth above it is necessary to acquire the interests in the property described in "Exhibit A," attached to this resolution and, by this reference incorporated herein; now, therefore BE IT HEREBY RESOLVED by (Agency's Council, Commission, or Board) 1. The foregoing statements of authority and need are, in fact, the case. The project or projects for which the property is required and is being acquired are necessary in the public interest, and the same have been planned, designed, located, and will be constructed in a manner which will be most compatible with the greatest public good and the least private injury; 2. The power of eminent domain is hereby exercised with respect to each of the interests in property described in Exhibit A. Each is acquired subject to payment of just compensation and subject to procedural requirements of Oregon law; 3. The City of Tigard's staff and the (Agency's Attorney, Counsel, or District's Counsel) are authorized and requested to attempt to agree with the owner and other persons in interest as to the compensation to be paid for each acquisition, and, in the event that no satisfactory agreement can be reached, to commence and prosecute such condemnation proceedings as may be necessary to finally determine just compensation or any other issue appropriate to be determined by a court in connection with the acquisition. This authorization is not intended to expand the jurisdiction of any court to decide matters determined above or determinable by the (Agency's Council, Commission, or Board). 4. City of Tigard expressly reserves its jurisdiction to determine the necessity or propriety of any acquisition, its quantity, quality, or locality, and to change or abandon any acquisition. DATED this day of , 20_ [Complete in the usual style for resolutions of this entity] Sbx_ (iv._ ss AIS -375 Item #: B. Business Meeting Date: 02/08/2011 Length (in minutes): 10 Minutes Agenda Title: Discuss Exemplary Citizen Award Prepared For: Liz Newton Submitted By: Cathy Wheatley Administration Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE Discuss Exemplary Citizen Award Program. STAFF RECOMMENDATION / ACTION REQUEST Direct staff on whether to continue the Exemplary Citizen Award Program or make changes to the selection process and criteria. KEY FACTS AND INFORMATION SUMMARY • Staff advised City Council during its January 25, 2011 Study Session that no nominations had been received for the 2010 Exemplary Citizen Award. • Council discussed the need to review the award to determine if changes are necessary to the Program, including considering no award this year or discontinuing the program. • The attached application criteria is provided for Council members' review in advance of the follow -up discussion on the Award. OTHER ALTERNATIVES Council will discuss the possibility of making changes to the Exemplary Citizen Award Program. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION January 25, 2011 Attachments Program Criteria $i City of Tigard ,04644-6 M emorandum i�'� � nwsRw3i,.a:A: bw.Ygc3vm: �' mz; s_ rrv5_' uvw 9; vK, �> rzRrYvrx",.' vbr;^✓_.. i:" Tw,°•_';=pgay" x4e:• g, mms:m^mau- i >w.err42?x2s.;grx hxv>o-•3m"xrn"C, ,'f�'w,;+7a1 To: Honorable Mayor and City Councilors From: Liz Newton, Assistant City Manager 7/ Re: Exemplary Citizenship Award Criteria Date: January 31, 2011 During the study session portion of the January 25th City Council meeting, there was a discussion about whether or not to continue the Exemplary Citizen Award program. Council asked staff to provide the application criteria in advance of a follow -up discussion at the February 8th study session. A copy of the 2010 Nomination Form including the criteria is attached. Tig 201:0 Exemplary Citizenship Awards Y r ,„„,,,,, rs r' * yF.. ,... , .,,,.,.,,,..,,,„,,.,.„.„„,„,,,,,,,.,,,,..,,...„... „.„4.,....„.,„„.,,,,,,,,.„.....,,,4,,r,,,..:,:.. „ ,,„,,,,,,,,,,,i,,,,,„3,,,,,,„,,,,:,._,..,„,„.,,,,,,,,,„ .,4„,„4,„,,,,,,.„,„,,,„,„,,,,,,,, ,,....„...„, „..,...,.., • a.. cit • ,,,,,,,,,,,,,,,,„,..,, .„..,,,,,,, i • z en • sh Pronunciation: \si- to -zan -ship \ Function: noun 1 the status of being a citizen 2 a: membership in a community (as a college) b: the quality of an individual's response to membership in a community (Merriam- Webster) Tigard's City Council believes it is important to recognize and honor those of you who help to make our community "a place to call home.” We're looking for those who have dedicated their time and energy to help make Tigard such a wonderful place to live, work and play. Do you know someone who exemplifies the spirit of citizenship in Tigard? The Exemplary Citizenship Awards are presented to those who have made positive contributions to our city and neighborhoods over the past year. Winners will be honored during the Tigard Chamber of Commerce annual Shining Stars Community Awards Banquet. Award recipients will be chosen based on the following criteria. They must exemplify a commitment to the community by: Implementing and /or assisting in the implementation of outstanding projects, programs, or services; " Enriching and revitalizing our community and neighborhoods; Demonstrating responsiveness, creativity, and civic values; ® Promoting cross - cultural awareness. Please attach a one -page written narrative telling us why your nominee should receive an Exemplary Citizenship Award; addressing all of the criteria listed. The selection committee, comprising representatives from City Council, the Committee for Citizen Involvement and staff, will not review additional pages. The Award will be presented at the Tigard Chamber's Shining Stars Community Awards Banquet on April 16. For more information, please contact either Liz Newton, 503- 718 -2412, liz @tigard- or.gov, or Dianna Weston, 503 - 718 -2402, diannaw @tigard- or.gov. The deadline for submission is 5 p.m. on March 15, 2010. 11 u TIG� RDA City of Tigard 13125 SW Hall Boulevard • Tigard, OR 97223 • 503- 639 -4171 • www.tigard-or.gov Ti and 2010 Exemplary Citizenship Awards 9 NOMINATION FORM Name of Nominee: Telephone: Street Address: City: State: Zip: Email Address: Please select one award category: ❑ Individual... A City resident using his /her own knowledge, talent, and resources to effect change. ❑ Neighborhood, Business, or Organization... A neighborhood, Homeowners Association, or a Tigard business or organization using their knowledge, talent, or resources to effect change. PLEASE ATTACH A ONE PAGE (the selection committee, made up of representatives from City Council, the Planning Commission, Committee for Citizen Involvement, and staff, will not review additional pages) WRITTEN NARRATIVE telling us why this nominee should receive an Exemplary Citizenship Award. PLEASE ADDRESS THE STATED CRITERIA in your narrative. Nominated by: Telephone: Street Address: City: State: Zip: Email Address: The deadline for submission is 5 p.m. on March 15, 2010. kT�1GAliD City of Tigard 13125 SW Hall Boulevard • Tigard, OR 97223 . 503 - 639 -4171 • wwwtigard- or.gov AIS -362 Item #: C. Business Meeting Date: 02/08/2011 Length (in minutes): 10 Minutes Agenda Title: Discuss Potential Council Agenda Topic: Consider Formation of a Recreation & Events Steering Committee (RESC) Prepared For: Councilor Marc Woodard Submitted By: Cathy Wheatley Administration Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE Councilor Woodard requests the City Council consider placing the following as a discussion item on a future City Council Agenda: • Consider Formation of a Recreation & Events Steering Committee (RESC) STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY See the attached outline of talking points prepared by Councilor Woodard. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS See attached outline. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments RESC Concept for Discussion CONSIDER FORMATION OF A REC & EVENTS STEERING COMMITTEE (RESC) Title: Consider Formation of a Recreation & Events steering Committee (RESC). Charge: Determine feasibility of REC Sustainability program. Problem Statement: Due to funding constraints there is no centralized hub to consider citizen requests for recreation and events coordination. Purpose of Recreational and City Events: Community gatherings foster family fun, leisure activity enjoyment, sense of belonging to community; information sharing and branding tradition in centralized areas of community, etc. Other by- products of Recreation and City Events: Increased City Commerce, Development interest, citizen participation and most important beginning to brand Tigard as an "events happening place" where people want to visit, shop and spend leisurely time with family. Steering Committee Function: Serves as City of Tigard recreation and events steering committee "body." "Establish tradition for Recreation Activity & City Events that have high probability of success per prioritization selection criteria (below)." "Secondarily, after Steering Committee body, policy and initial Recreation Activity and City Events have been prioritized - identified through citizen involvement... "RESC sunsets, council considers feasibility & implementing REC." Recreation and Events Selection Criteria Example: • Selection process cannot create a cost disadvantage to the city. • There must be a way to determine ROI (Return on Investment). • Example of weighted value important to stakeholders. o Environmental — Appropriate environment for function (brand, theme, space, safety, other promotional opportunities, etc.) o Social — High probability of traditional- current event popularity. o Economical — Revenues inflow, increase city commerce, low cost. o Energy — Low use power requirement, volunteers, partner organ's. o Consider — Incorporating STAR Community Sustainability Goals & Guiding Principles into the evaluation process (location, education, etc.) o Legal — Low risk, probability to injury, public safety, liability, etc. Presented by Councilor Woodard, 8 Feb 2011 CONSIDER FORMATION OF A REC & EVENTS STEERING COMMITTEE (RESC) o Sustainable — (example) Measured & periodically reviewed against criteria values and past trends, current participation forecasts, i.e., also cost, likelihood of event request success, known successes and constraints on current and forecast budget requirements. Budget: Initially — During the information gathering phase (feasibility). • May requires a small cash infusion for staff time, consultant, citizen survey costs, involvement to determine feasibility and interest of future citizen REC program. • Will require some staff support during Steering committee phase (lessons learned, existing policy development, legal, budget, etc.). • Most likely will require a PT REC Coordinator position if phase 2 (REC committee) formulates through council approval process. Phase 1— RESC Committee Body Example: Promotes feasibility interest and participation through the PRAB as a starting point. Selection criteria: Those with a recreation and social events background, tm player, passion, etc. It is obvious these qualifications already exist within PRAB Phase 2 - REC Committee Body Example: Requires future discussion /council direction after feasibility and interest is determined. Commit: FTE/PTE REC Coordinator (Tigard Comprehensive Plan) Directly supports Tigard Comprehensive Plan & State Goals: 1, 2, 5, 8, 9, 12, 13, 14, Special Planning Areas (Downtown), 2011 Council Goals "To Do" list... (See, Tigard Comprehensive Plan, Goal 8.3, Policies 1 & 2 support a budget for FTE Recreation Coordinator). • Goal /Benefits o Leverage REC program as a dual purpose resource to support city Recreation and Events coordination. o Make use of and receive a ROI back on Tax payer dollars (through priority selection criteria policy process). o Brand Downtown Tigard as a place people want to shop, work and spend leisurely time. o Inspire developer and local business interest. o Gain support for community innovation in development. o Generate excitement about Tigard's future and opportunities within a competitive 21st Century city & tax payer ROI. o Gain more support through educating the public on STAR Community Development benefits (cost savings, recognition). Presented by Councilor Woodard, 8 Feb 2011 UP COMIN6 EVENTS'' 3E :. ■ Good Morning Tigard (GMT)— Business,N 7;30 t9OOam - FREE • • 02/10/11— Elite Care at Fanno Creek � • Hosted at their location ') Lf( l/ • 12353 SW Grant Ave, Tigard, OR 97224 cp. ▪ 02/17/11— AccounTax • Hosted at the Tigard Chamber • 12345 SW Main St, Tigard, OR 97223 • 02/24/11— Everest Institute • Hosted at their location • 9600 SW Oak St, Tigard, OR 97223 • 03/03/11— OMG Onthank Marketing • Hosted at the Tigard Chamber • 12345 SW Main St, Tigard, OR 97223 Other Chamber Events Lunch & Learns — Free, Noon to 1:00 p.m. • Hosted at Tigard Chamber, Pearson Room, Noon — 1:00 p.m., BYOL • 02/16/11— 2011 Tax Saving Tips - James L Shook • 03/02/11- Intermediate Facebook After Hours — Free, 5:30 — 7:00 p.m. • February 9th — Pacific NW Wine Club • March TBD — Sherrie's Jewlery Box Meet Your State Legislators 2/22/11 7:30 -8:30 a.m. Hosted by TACC GAPP Bowl -O -Rama — Saturday March 5 Tigard Bowl Oregon Chamber Day at the State Capitol, 3/10/11 • Chamber (TACC) Gov't & Public Policy (GAPP)Subcommittee will be hearing about key issues and meeting with legislators representing Tigard Shining Stars Community Awards Banquet (5/7/11)— Award Nominations Requested • Youth Volunteer, Tigard First Citizen, Bert Tousey, Jim Hartman, Chamber Business and Chamber Ambassador • Award nomination forms and instructions will be on the chamber web shortly and hopefully the neighborhood blog sites. Nomination due date 3/15/11 • Asking for input from the community for the Youth, First Citizen, Bert Tousey, Jim Hartman and chamber business awards. Fo more about these and other events, go to www tigardareacharnber.org /,-directory /.events -- �"` �� _� 8 I Find us on Facebook l �n Ce:>; m Lt cl , / �l T II GATED HTGH S 9000 SW Durham Rd. • Tigard • Oregon • 97224 (503) 431 -5518 February 8, 2011 Student Envoy: Tracie Tran I. ACTIVIT 11 Es a. Senior Citizens Dance is planned for February 20, 1 -3PM. It is free for everyone in the community to attend b. We are starting to plan a "wishing well" to raise money for the TTSD Foundation II. ATHLETICS a. Tigerettes are doing great this season and hold a competition at THS this Saturday b. Boys and girls basketball beat Hillsboro last weekend and are playing McMinnville right now I11. ACADEMICS a. THS Speech took 3 place at McMinnville High School Invitational and had many people take home individual awards. b. The technology is sending two different teams to the state competition! c. There has been growing concern amongst the students about the possible schedule change. l i g a ' City ofTigard ('V'o- - C ' TIGARD Tigard Business Meeting — Minutes 6r)--1 a • g• ; o ») TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD, AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: January 25, 2011 City of Tigard - Town Hall - 13125 SW Hall Blvd., MEETING LOCATION: Tigard, OR 97223 STUDY SESSION Mayor Dirksen called the meeting to order at 6:30 p.m. Name Present Absent Mayor Dirksen ✓ Council President Buehner ✓ Councilor Henderson ✓ Councilor Wilson ✓ Councilor Woodard ✓ Staff Present: City Manager Prosser, Assistant City Manager Newton, Police Chief Orr, Public Works Director Koellermeier, Community Development Director Bunch, Assistant Community Development Director Hartnett, Police Assistant Chief Bell, Redevelopment Project Manager Family, Senior Management Analyst Wyatt, Police Captain deSully, Associate Planner /Arborist Prager, Parks Facilities Manager Martin, City Attorney Ramis, City Recorder Wheatley A. Update on Urban Forestry Code Revisions Project Schedule Associate Planner /Arborist Prager presented the staff report. Issue before the City Council: Proposal to extend the Urban Forestry Code Revisions project timeline by 6 months to allow the Citizen Advisory Committee more time to deliberate and staff more time to develop a well - prepared proposal. Staff would like Council to provide direction on the proposed revised timeline. Consensus of City Council was to accept the staff's proposed revised timeline as submitted in the Council packet materials. TIGARD CITY COUNCIL MINUTES — January 25, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 1 www.tigard- or.gov 1 Page 1 of 13 B. Discuss City's 50th Birthday Celebration (This item was discussed after the business meeting.) Assistant City Manager Newton presented the staff report. Issue before the City Council: Update and discussion on the City's 50 Birthday Celebration. During the 2010 - 2011 budget process last spring, the city's Events Coordinator position was eliminated. During the discussions with the Budget Committee, staff advised the members that funding for city events was also discontinued. The 2010 - 2011 budget was adopted last June without funding for Family Fest or recognition of the city's 50th birthday. In the requested budget for 2011 - 2012, staff will request $5,000 for the city's birthday celebration. That would fund an event the afternoon of Sunday, September 11 (the City's actual 50th birthday) in the Community Room at the Library. The event would feature music, cake, and remarks by Mayor Dirksen and Curtis Tigard. In addition, attendees would have the opportunity to read "Tigard memories" previously submitted by current and former residents or write their own. The scale of this event could be planned, promoted and coordinated by existing staff. The event would be promoted in Cityscape, on the Neighborhood Network web pages, and local media. Involvement could be solicited from Tigard citizens and businesses. C. Administrative Items — City Manager Prosser reviewed the following with the City Council: • Agenda Item No. 5, ConsiderAmending Tigard Municipal Code Chapter 12, Water and Sewers, set over to the March 22, 2011 Tigard City Council Business Meeting. • Updated draft of the 2011 City Council goals was distributed to the City Council for consideration during the business meeting; Agenda Item No. 7 • Pacific Highway /Hall /Greenburg /Main Completion Celebration. Council input for invitations sought and City Council members were asked to send feedback to Streets and Transportation Senior Project Engineer McCarthy on invitation suggestions. During brief discussion, the following groups /individuals were suggested: Transportation Committee, ODOT staff member Jason Tell and Matt Garrett, former members of the Financial Strategies Task Force. • City Attorney interviews scheduled for Tuesday, February 1, 2011, 6:30 p.m. in Town Hall or Red Rock Creek Conference Room. • Dinner meeting proposed with Tualatin Valley Fire & Rescue, Tigard City Council, and key staff members of both agencies at new headquarters located in Tigard. Proposed date is March 29, the fifth Tuesday of the month. Meeting agenda to be developed for topics of mutual interest. Council members were asked to give some thought of agenda topics and send suggestions to Assistant City Manager Newton before March 10. Mayor Dirksen TIGARD CITY COUNCIL MINUTES — January 25, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 1 www.iigard- or.gov 1 Page 2 of 13 suggested two topics for discussion: 1) How are the building /rebuilding efforts by TVF &R proceeding and 2) How is the economy affecting TVF &R. • Council agreed to a special meeting on Tuesday, March 1, 6:30 p.m. to discuss a proposed work program implementing 2011 City Council goals with Executive Staff members. • March 15, 2011 City Council workshop is canceled (NLC Conference week). • Time is now to consider whether the City of Tigard will present an Exemplary Citizen Award. After discussion, consensus of City Council was this does not need to be an every year event; however, the preference would be that if the award were given that it is done at the Chamber's Shining Stars Banquet. Assistant.City Manager Newton will send out the list of criteria for nominations to the City Council for review as the members think about nominees. This item will be discussed again at the February 8, 2011 Council Study Session. • West Linn Councilor Mike Jones expressed a desire for a Tigard and /or Lake Oswego elected official to attend the February 7, 2011 West Linn Council meeting for an elected official's perspective on the water partnership. After discussion, Council consensus was for a Lake Oswego City Council member to attend this West Linn City Council meeting with a Tigard City Councilor accompanying him or her. Council President Buehner volunteered to attend as the Tigard City Council member representative. • Council Meeting Calendar: o February 1, City Attorney Interviews, 6:30 p.m. o February 8, Business Meeting, 6:30 p.m. o February 15, Workshop Meeting, 6:30 p.m. o February 22, Business Meeting, 6:30 p.m. • TIGARD CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY EXECUTIVE SESSIONS (CCDA): The Tigard City Council went into Executive Session at 6:50 p.m. to discuss real property transaction negotiations and for consultation with legal counsel regarding pending litigation or litigation likely to be filed under ORS 192.660(2) (e) and (h). The Tigard CCDA was also scheduled to go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2) (e). Due to time constraints, the Council /CCDA Executive Session recessed before the business meeting and then resumed after the business meeting. Executive Session recessed at 7:28 p.m. 1. BUSINESS MEETING - JANUARY 25, 2011 A. Mayor Dirksen called the meeting to order at 7:37 p.m. • I ,=1 B. Roll Call Name Present Absent Mayor Dirksen ✓ Council President Buehner ✓ Councilor Henderson ✓ TIGARD CITY COUNCIL MINUTES — January 25, 2011 City of Ti:ard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www ti and or._ov I Page 3 of 13 Councilor Wilson ✓ Councilor Woodard ✓ C. Pledge of Allegiance D. Call to Council and Staff for Non- Agenda Items City Manager Prosser announced the successful sale of $17 million Parks Bond and the $9 million Library Bond refunding. Bids were awarded based on the lowest total interest costs: • Wells Fargo Bank, NA was awarded the parks bond bid. The cost will be $0.275 per $1,000 of assessed value in the first year of the 20 -year bond, equating to $56.84 to a homeowner with a median assessed value of $207,000. This is a savings from what was stated in the ballot, which was $60 in the first year for the same average home. In summary, the sale represents a total savings of $1,421,093 from what was stated in the ballot. • Citigroup Global Marks, Inc., was awarded the refunding of the library bond. With this award, Tigard property taxpayers will save $863,289. over the remaining 12 years of the library bond. Tigard will save property taxpayers $2,284,382 over the next 20 years based on January 25's bond sale results. 2. CITIZEN COMMUNICATION A. Follow -up to Previous Citizen Communication: None B. Tigard High School Student Envoy Tracie Tran presented update on Tigard High School activities as well as events for athletics and academics. A copy of the highlights of her report is on file with the meeting packet materials. C. Tigard Area Chamber of Commerce Executive Director Debi Mollihan presented a report on upcoming Chamber events. A copy of the highlights of her report is on file with the meeting packet materials. D. Citizen Communication — Sign Up Sheet No one signed up. _ ,J Mayor Dirksen reviewed. 3. CONSENT AGENDA: A. Draft minutes will be distributed to the City Council and included in the electronic meeting packet no later than Monday, January 24, 2011 or rescheduled to a future date. TIGARD CITY COUNCIL MINUTES — January 25, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 1 www.tigard- or.gov 1 Page 4 of 13 1. October 26, 2010 2. November 9, 2010 3. November 23,. 2010 Set over to February 8, 2010 B. Appoint Kim Moreland and Donald Schmidt to the Transportation Advisory Committee RESOLUTION NO. 11 - 01 - A RESOLUTION APPOINTING KIM MORELAND AND DONALD SCHMIDT AS VOTING MEMBERS OF THE TRANSPORTATION ADVISORY COMMITTEE C. Change the Name of the Committee for Citizen Involvement to the Neighborhood Involvement Committee and Adopt New Bylaws RESOLUTION NO. 11 -02 - A RESOLUTION CHANGING THE NAME OF THE COMMITTEE FOR CITIZEN INVOLVEMENT (CCI) TO THE NEIGHBORHOOD INVOLVEMENT COMMITTEE (NIC) AND ADOPTING NEW BYLAWS D. Schedule a Public Hearing for Vacation of Right -of -Way on Burnham Street Adjacent to Matsumoto Property RESOLUTION NO. 11 -03 -- A RESOLUTION SETTING A DATE OF A PUBLIC HEARING REGRADING THE VACATION OF AN APPROXIMATELY 114 SQUARE FOOT PORTION OF THE BURNHAM STREET PUBLIC RIGHT OF WAY, WHICH IS ADJACENT TO 8770 SW BURNHAM STREET (WASHINGTON COUNTY TAX MAP 2S102DA, TAX LOT 300) AND LIES APPROXIMATELY 200 FEET WEST OF HALL BOULEVARD E. Approve Hall Blvd. Right -of -Way Dedication Located at the Knoll @ Tigard Project to the Oregon Department of Transportation RESOLUTION NO. 11 -04 -- A RESOLUTION APPROVING A QUITCLAIM DEED TO THE OREGON DEPARTMENT OF TRANSPORTATION FOR RIGHT OF WAY ON HALL BOULEVARD PREVIOUSLY DEDICATED TO THE CITY OF TIGARD FOR RIGHT -OF -WAY PURPOSES F. Local Contract Review Board: 1. Approve Purchase of a Vactor Truck from Owens Equipment 2. Award Contract for Meter Reading Services to Metereaders, LLC Council Woodard advised he would abstain from voting on the Council meeting minutes listed in Item 3A as these meetings took place before his term of office began. Motion by Council President Buehner, seconded by Councilor Wilson, to approve the Consent Agenda. TIGARD CITY COUNCIL MINUTES — January 25, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503 - 639 -4171 www tigard ox gov 1 Page 5 of 13 The motion was approved by a *unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes* - Abstained from voting on Item 3A. 4. INFORMATIONAL PUBLIC HEARING TO ESTABLISH SW 100TH AVENUE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 42 • Mayor Dirksen opened the public hearing. • This is an informational public hearing in which any person shall be given the opportunity to comment. The formation of the reimbursement district does not result in an assessment against the property or lien against the property. • City Engineer Kyle presented the staff report, summarizing the key elements of the proposed district and the process to date. He reviewed the nature of the comments received from residents located within the District. In general, owners are supportive of the project although there are concerns about future development changing the character of the neighborhood. • Public Testimony o Mary Bauman, 10270 SW View Terrace advised she would like her property to be included in the project. City Engineer Kyle confirmed for the City Council that Mr. and Mrs. Bauman are now within the proposed district. o Rob Ruedy presented oral testimony and a copy of his presentation to the City Council is on file with meeting packet. L "---- Mayor Dirksen commented that the method of assessing the costs to property owners in this district is consistent with how all previous districts were calculated. The method appears to be fair. City Engineer Kyle responded to key points in Mr. Ruedy's testimony: o If the district is delayed a year, it is possible someone might develop and pay for a large part of the costs; however he pointed out that the bid climate at this time is favorable. TIGARD CITY COUNCIL MINUTES — January 25, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 1 www.tigard- or.gov 1 Page 6 of 13 o City Engineer Kyle suggested bids be sought at this time and then work with the contractor if a longer time period for the construction is needed. The current bidding climate is good. o City Engineer Kyle advised there is some cleanup work to be done on the construction documents. He said staff would confirm with each property owner the best location for sewer service. o City Engineer Kyle agreed with Mayor Dirksen's statement that the proposed assessment method has proven to be a good way to proceed and has been used for a number of years for prior districts. o City Engineer Kyle referred to concerns about depth of sewers. He advised of the preference for full gravity service for every lot because full gravity is more reliable than service requiring a pump. o City Engineer Kyle pointed out that no one needs to incur any cost for hooking up to the sewer until they choose to connect. • City Engineer Kyle advised that staff recommended that the City Council proceed to form the district. • Council Discussion: Councilor Woodard said reimbursement districts appear to be a good deal and, in the long term, is the right thing to do. Mayor Dirksen gave background for establishing the sewer reimbursement program, which represented the City Council's effort to get entire city connected to the sewer system in reasonable amount of time. Dense population growth spurred the preference to get sewer services away from septic systems because of groundwater contamination concerns. • Mayor Dirksen closed the public hearing t"�J • City Council Consideration: Motion by Councilor Wilson, seconded by Council President Buchner, to adopt Resolution No. 11 -05. RESOLUTION NO. 11 -05 -- A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO.42 (SW 100TH AVENUE) TIGARD CITY COUNCIL MINUTES — January 25, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 1 www.tigard- or.gov 1 Page 7 of 13 The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes 5. CONSIDER AMENDING TICARD MUNICIPAL CODE CHAPTER 12, WATER AND SE WERS ORDINANCE This item was set over to the March 22, 2011 Tigard City Council Meeting Agenda. 6. REPORT ON NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES - COUNCILOR HENDERSON Councilor Henderson presented information on Local Governments for Sustainability. He referred to two documents, which were distributed to the City Council and reviewed during his report: 1. Sustainability Goals & Guiding Principles — Star Community Index — ICLEI, Local Governments for Sustainability. o Document contains the release of 81 goals and 10 guiding principles that collectively define community -scale sustainability and form the foundation of STAR — a national rating system that will offer local governments a roadmap for creating healthy, inclusive, and prosperous communities. The Goals provide a vocabulary that local governments and their communities can use to strategize and define their sustainability planning efforts. 2. LEED for Neighborhood Development o Contact information for a system for rating and certifying green neighborhoods. During his report, Councilor Henderson reviewed the guiding principles of the Star Community Index and the future plans to give local governments the tools to accelerate their efforts and achieve greater success for economic prosperity, health /safety, and climate protection. This product represents thousands of volunteer hours and the engagement of more than 160 sustainability experts and stakeholders from broad disciplines using a collaborative and consensus -based process, drawn from government, the nonprofit and private sectors, and academia. Councilor Henderson said this is the beginning of a huge program that would work within our community. He said it would take about ten years to realize the benefits in employing the sustainable community principles. TIGARD CITY COUNCIL MINUTES — January 25, 2011 Ci of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503- 639 -4171 www.tigard-or.gov Page 8 of 13 Mayor Dirksen noted his interest in the rating system under development and would like to see how our community compares with others for sustainable practices. Councilor Henderson advised there will be a scoring system available in 2012 and a new LEED program level has been added. Council President Buehner said she had become aware of the sustainable community efforts and was glad to hear of the substantive progress made in recent years. Councilor Woodard said he has long been interested in LEEDS certification opportunities. He commented that it appears there are a number of components that could be applied in the City of Tigard. • q J" Council meeting recessed: 8:40 p.m. E Council meeting reconvened: 8:51 p.m. 7. CONSIDER APPROVAL OF THE 2011 CITY COUNCIL GOALS City Manager Prosser introduced this agenda item and reviewed this year's goal setting process. Mayor Dirksen reviewed the City Council goals: 2011 TIGARD CITY COUNCIL GOALS On December 30, 2010, 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 much more than what is listed here, but we identj these to be of particular importance to our residents. 1. Implement Comprehensive Plan a. Show substantial progress on new Tigard Triangle Master Plan. b. Update Tree Code. c. Participate in the Southwest Corridor Study. d. Work with state and regional partners to modify the Transportation Planning Rule. e. Work with partners on urbanization policy issues. 2. Implement Downtown and Town Center Redevelopment Opportunities a. Develop strategy and materials to attract developers and tenants. b. Advance Ash Avenue Railroad Crossing. 3. Complete Plans for Parkland Acquisition TIGARD CITY COUNCIL MINUTES — January 25, 2011 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 503 - 639 -4171 � www.tigard or :ov I Page 9 of 13 4. Advance Methods of Communication a. Communication is a part of everyone's job. b. Support efforts to change organizational culture. 5. Continue Coordination with Lake Oswego on Water Partnership. 6. Financial Stability a. Hold the line on the General Fund Budget. b. Work with partners on long -range solutions to statewide structural problems. c. Evaluate the City's internal sustainability efforts. Five -Year Council Goals • Obtain Ash Avenue railroad crossing in downtown • Explore 99W Urban Renewal District • Continue to support the Legislature in addressing the financial needs of state and local governments in Oregon • Develop long -term financial strategy • Start implementing plan for City facility needs • Develop Sustainability Plan Long -Term Council Goals • Continue pursuing opportunities to reduce traffic congestion • Continue implementing Downtown Urban Renewal Plan • Continue to monitor the Tigard /Lake Oswego Water Partnership Motion by Council President Buehner, seconded by Councilor Wilson, to approve the 2011 City Council goals. Councilor Henderson commented that these goals were developed with consideration given to proposals from the staff and community. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Council President Buehner Yes Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes TIGARD CITY COUNCIL MINUTES — January 25, 2011 City of Tigard 1 13125 SW Hall Blvd Tigard OR 97223 503-639-4171 I www tigard or.gov Page 10 of 13 8. RECEIVE CITY COUNCIL 4TH QUARTER GOAL UPDATE Senior Management Analyst Wyatt presented the staff report. A summary of progress made is contained in the report on file with the packet meeting materials. 9. CONSIDER RESOLUTION URGING THE CITY OF PORTLAND TO REJOIN THE PORTLAND JOINT TERRORISM TASK FORCE • Mayor Dirksen noted Portland is soliciting input regarding rejoining the Portland Joint Terrorism Task Force. Councilor Wilson brought forward the suggestion that the Tigard City Council formally submit its support for Portland to rejoin. • Councilor Wilson shared his reasoning for his proposal: o Portland was a member of the FBI's terrorism task force from 1997 to 2004. Portland withdrew in 2005 out of concerns for civil liberties and liability because Portland officers would not be under Portland's direct command. o While no one was in danger with regard to the recent alleged terrorist bombing threat at the Tree Lighting event in Portland last year, it was a graphic representation of what could have occurred. Major events held in Portland impact everyone in the region. o Portland is and has always been cooperative with the FBI and they are now reconsidering membership on the Portland Joint Terrorism Task Force. o It is important that our state's largest City participate on the Task Force as does every other major city in the Country. o Adopting the proposed resolution would inform the City of Portland that suburban communities are also concerned. Council discussion /comments on the proposed resolution include the following: o Council President Buehner advised she has spoken with Councilor Wilson about concerns she has with transmitting Tigard's proposal in the format of a resolution. She noted prior experience with uncomfortable circumstances between the cities of Portland and Tigard when the City of Tigard was considering using the Willamette River as a drinking water source. o Councilor Woodard commented that he supported the resolution insofar as it appears to be the best tool to use to make a strong statement. He pointed out the potential for casualties and the need to exercise due diligence. If the terrorist threat had been carried out, the aftermath is unfathomable to contemplate. If we do not make a strong statement using the best vehicle to do so, then we probably would commit an injustice. o Councilor Henderson advised he supports the proposed resolution and added that he agreed with Councilor Woodard's remarks. TIGARD CITY COUNCIL MINUTES — January 25, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov I Page 11 of 13 o Mayor Dirksen said he would be comfortable sending either a letter or a resolution. However, he noted that Councilor Woodard made a good point about always using the best tool to do the job, which would be the resolution. o Councilor Wilson reported that his original suggestion was to send a letter. In thinking about it further, a resolution is better because it is direct. He does not believe the Portland City Council would receive the message in the resolution in a negative way. The City of Tigard is not intending for the resolution to be disrespectful. With a resolution, a vote will be recorded and it becomes an official position. o Council President Buehner reiterated her concerns about how a more formal action on the part of the City of Tigard might be perceived by Portland and referred to past experience. She said she was also concerned about setting a precedent. She said if it is the will of the rest of the City Council to adopt a resolution, she would respectfully abstain from voting on the matter. In response to a proposal from Mayor Dirksen that she cast a "no" vote rather than abstain, Council President Buehner said she would abstain because she supports the substance of the resolution, but it is an inappropriate vehicle to use to express our concerns. o In response to a question from Councilor Henderson, Councilor Wilson advised that consideration to rejoin the task force appears to be less controversial in Portland than it was in 2005. The City of Portland is actively soliciting comments and the Portland Council is scheduled to take formal action on the matter on February 24. Motion by Councilor Wilson, seconded by Councilor Henderson, to adopt Resolution No. 11 -06. Council President Buehner advised she will abstain as she feels a resolution is an inappropriate vehicle for delivering the City of Tigard's concerns to the City of Portland. RESOLUTION NO. 11 -06 -- A RESOLUTION URGING THE CITY OF PORTLAND TO REVERSE ITS DECISION OF 2005 TO WITHDRAW FROM THE PORTLAND JOINT TERRORISM TASK FORCE (JTTF) AND COMMIT RESOURCES TO THE CURRENT MAKEUP OF THE JTTF The motion was approved by a majority vote of City Council present. Mayor Dirksen Yes Council President Buehner Abstain Councilor Henderson Yes Councilor Wilson Yes Councilor Woodard Yes TIGARD CITY COUNCIL MINUTES — January 25, 2011 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www.tigard- or.gov I Page 12 of 13 • 10. COUNCIL LIAISON REPORTS: None 11. NON AGENDA ITEMS City's 50 Birthday Celebration This item was discussed at this point in the meeting. Please see the Study Session notes above for a summary. 12. EXECUTIVE SESSION: The Tigard City Council /CCDA reconvened into an Executive Session at 9:18 p.m., which was continued from the Executive Session as noted above (Page 3). 13. ADJOURNMENT : 10:14 p.m. Catherine Wheatley, City Recorder Attest: G 4tygard Date: l: \ADM \CATHY\CCM\2011\Final Minutes \1 I0125.docx TIGARD CITY COUNCIL MINUTES — January 25, 2011 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 ( www.tigard- or.gov 1 Page 13 of 13 AIS -355 Item #: 3. B. Business Meeting Date: 02/08/2011 Length (in minutes): Consent Item Agenda Title: Specify City Council Liaison Appointments to City of Tigard and Regional Boards, Commissions, Committees, and Task Forces Submitted By: Cathy Wheatley Administration Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Approve the updated City Council Liaison appointments to City of Tigard and regional boards, commissions, committees, and task forces. STAFF RECOMMENDATION / ACTION REQUEST Approve the attached City Council Liaison appointments. KEY FACTS AND INFORMATION SUMMARY • Council members reviewed the traditional board and committee City Council liaison appointments at their December 30, 2010 special goal setting meeting and reached consensus on City Council member representation. • Council groundrules regarding the Council members' liaison roles are as follows: Communication as the Council Liaison with City Boards • Council liaison assignments are determined by consensus of City Council. The goal is to have assignments evenly divided between Council members. Should two or more Council members seek appointment to a position the longest serving Council member will have first choice. • Council Liaisons are to periodically attend Board meetings, listen to the Board discussion, set context for the Board regarding Council decisions /goals /policies and City priorities, answer questions and carry concerns and information back to the full Council. • Council Liaisons are not to direct the business or decision- making process of the Board and do not vote of matters before the Board. • Council Liaisons do not initiate, propose or advocate for their personal position on a matter before the Board. Council Liaisons are to protect the independence of the Boards. • Council Liaisons at times may advocate Council actions on behalf of their assigned Board. Great care must be taken to avoid the appearance of unfairness, conflict of interest or circumstances where such possibilities may exist (e.g., Planning Commission quasi - judicial matters). OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 4. Advance Methods of Communication a. Communication is a part of everyone's job. DATES OF PREVIOUS COUNCIL CONSIDERATION December 30, 2010 Attachments Council Liaison Appointment Matrix - 2011 2011 City Council Appointment Matrix Formally approved by Council — 2/8/2011 Primary Committee Name Representative Alternate Rep Meeting Frequency Expect tion Staff Liaison 3 -4 consecutive Monday Budget Committee All Council evenings in April & May Toby Lal ' ranee The Budget Committee provides a public forum to obtain public views in the preparation of fiscal policy. Budget Subcommittee Social Councilor Wilson 1 meeting in March Toby LaFrance Services Reviews applications submitted by social service agencies for contributions from the city. Consists of 1 Council member and 2 citizen- members of the Budget Committee. Council Workshop or Study Budget Subcommittee - Events All Council Session in March Toby LaFrance Reviews requests for contributions to community events. City Center Development As needed during Council 2 x /month for 1 hr. A g en � All Council sessions, ongoing 2 hours month Sean Farrelly This committee's role is to assist the Urban Renewal Commission in developing and carrying out an Urban Renewal Plan. Community Development Block Councilor 2n Thursday of the month Ongoing- appx. Duane Roberts Duane Roberts Grant Policy Advisory Board Henderson at 7 p.m. Location rotates 2 hours month By IGA, Washington Co. established the Community Development Policy Advisory Board (PAB) to represent the County Consortium, make recommendations to the County Commissioners on all matters pertaining to the CDBG program. Includes a representative, generally an elected official, from the County and each of the 11 participating cities in the Co. Intergovernmental Water Board Councilor Buehner Councilor 2nd Wednesday /month, Monthly Dennis Koellermeier Woodard 5:30 p.m., Water Building To make recommendations to the Tigard City Council on water issues and to carry out other responsibilities set forth in the IGA between Tigard, Durham, King City and the Tigard Water District. Each jurisdiction is represented by a member + 1 at- large. 2011 Council Appointment Matrix — Page 1 1/7/11 Committee Name Repr sent five Alternate Rep Meeting Frequency Expect tion Staff Liaison City of Cornelius li Metro Joint Policy Advisory 2nd Thursday /month Mayor Dirksen Councilor Jef Judith Gray Commission on Transportation Dalin 7:30- 9 a.m. @ Metro A 17- member committee that provides a forum for elected officials and representatives of agencies involved in transportation to evaluate transportation needs in the region and to make recommendations to the Metro Council. Mayor's Appointment Advisory Jan — June 11 July — Dec 11 Jan — June 12 July — Dec 12 Staff Liaison to the C ouncilor Henderson Councilor Committee Councilor Buehner Councilor Wilson committee interviewing Woodard The Mayor & 1 Councilor (on a six -month rotation schedule) review applications and interview individuals interested in a board or committee appointment. Recommendations are forwarded to the Council for ratification. Metropolitan Area 6 times a year, usually Councilor Woodard Louis Sears Wednesday, 1 -5 pm at Louis Sears Communications Commission MACC headquarters MACC is the governing body that oversees the contracts for cable services and TVCTV. The Executive Committee meets separately to make recommendations to the Commission on administrative issues including budget and the review of the Executive Director. Metro Policy Advisory Sherwood Mayor Tualatin Councilor 2 and 4t Wednesday Ongoing Ron Bunch Committee (MPAC) Keith Mays Chris Barhyte 5 -7 p.m. at Metro 4 hours /month MPAC it is made up of elected officials. Representatives are elected by peers within Washington County cities. Regional Water Providers held at Councilor Wilson None assigned Quarterly meeting John Goodrich Consortium Metro Consortium is comprised of all water suppliers in the metro area. The Councilor appointee to this group represents the city on regional policy issues. Tigard - Lake Oswego Joint We have two primary seats: Monthly — working on a Water Partnership Oversight Dennis Koellermeier Councilor Buehner & Mayor Dirksen new meeting schedule Committee Membership is comprised of staff and elected officials to govern water partnership between the cities. 2011 Council Appointment Matrix — Page 2 1/7/11 Committee Name RepP sentatives Alternate Rep Meeting Frequency Expectation ation Staff Liaison Washington County Coordinating Mayor Dirksen Councilor 2" Monday @ noon 1-2 hours per month Mike McCarthy? Committee Buehner Beaverton City Hall WCCC reviews and comments on major land use and transportation issues and provides a forum for discussion which results in recommendations for a coordinated approach between jurisdictions. The Committee has specific authority on the Major Streets Transportation Improvement Program (MSTIP) and the Countywide Traffic Impact Fee (TIF) program. Representatives to JPAC and MPAC from County and cities in the Co. will be on the policy body. 3 Wednesday of month PLUS: Optional Westside Economic Alliance Mayor Dirksen Councilor Wilson 7:30 -9 a.m. @St. Vincent's Thursday Forum Ron Bunch Hospital Board Room breakfast w /speakers Create an environment conducive to business growth, working to influence decisions on policies and regulations impacting the economic vitality of the area. Councilor Willamette River Water Coalition Henderson Councilor Wilson Monthly Dennis Koellermeier Mission of the coalition is to protect the Willamette River and to protect Tigard's water rights. Tigard Board & Committee Liaison Assignments: Committee Name Primar Alternate Rep Meet Fre Time Sta Representative Expectation City Center Advisory Councilor 2n Wednesday /month@ Commission Henderson 6:30 pm Sean Farrelly This committee's role is defined in the City Charter and is to assist the Urban Renewal Commission in developing and carrying out an Urban Renewal Plan. High Capacity Transit Land meet during regularly Use Plan Citizens Advisory Councilor Wilson scheduled Transportation Judith Gray Committee Advisory Committee Mtgs Metro has identified the "SW Corridor" (PDX - Sherwood via Tigard) as the next priority expansion line for the regional HCT system. The city is gearing up for an extensive planning process beginning with a state - funded land use plan to identify potential station area locations and development traits to warrant HCT investment and achieve the city's aspirations. The Transportation Advisory Committee serves as the Citz. Advisory Comm. for the land use plan. Library Board Councilor I I second Thursday of each I I Margaret Barnes Henderson month at 7:00 PM Advisory to the Council regarding library policies, budget, facilities and other needs of the community to provide quality library service, per TMC 2.36.030. 2011 Council Appointment Matrix — Page 3 1/7/11 Primary Time Committee Name Alternate Rep Meetin. Fre uen Std ;z - .. Neighborhood Involvement 3r Wednesday /every other Committee (formerly CCI) Mayor Dirksen mo. @ 7pm 6 hours a year Joanne Bengtson Charged with oversight for the Neighborhood Network program, encourages two -way communication between city and residents and encourages residents to be more involved. (The committee changed its name to reflect new mission — previous incarnation was Committee for Citizen Involvement.) Park & Recreation Advisory Councilor 2nd Monday /month 7 pm Steve Martin Board Woodard in the Water Building To advise the Council on park and recreation policies, facilities, programs and budgets. Planning Commission I Woodard I 1st & 3rd @M�pmy /month I Susan Hartnett Councilor Assists the City Council to develop, maintain, update and implement the Comprehensive Plan, to formulate the Capital Improvements Program, and to review and take action on development projects and development code provisions delegated to the Commission. Transportation Advisory 1St Wednesday, 6:30 p.m., Committee Councilor Buehner Councilor Wilson library 2n Floor Conf Rm 1.5 hr. meetings Judith Gray Advisory to council & staff regarding planning and development of a comprehensive transportation network, including development of plans and corresponding financing programs; development of funding mechanisms and sources to implement transportation projects and ensure adequate maintenance of the existing transportation infrastructure; public involvement and education in transportation matters and ways to improve traffic safety and accessibility in all transportation modes. Tree Board Councilor 1s` Wednesda of month @ I I Todd Prager Henderson 6:30 p.m. The mission of the Tree Board is to develop and administer a comprehensive program for the management, maintenance, removal, replacement & protection of trees on public property. Youth Advisory Council Mayor Dirksen 1 & 3 Wednesdays @ I Sheryl Huiras City Hall Students in grades 5 -12 represent their peers as resources to the community to advise the best ways to build developmental assets for each youth in Tigard. The Youth Advisory Council also facilitates the development and implementation of programs and activities that are important to youth. I:\ADM \City Council\ GOALS\2011 APPTMATRIX WITH DESCRIPTION 1- 7- 11.doc 2011 Council Appointment Matrix — Page 4 1 /7/11 AIS -374 Item #:3 C. Business Meeting Date: 02/08/2011 Length (in minutes): Consent Item Agenda Title: Receive and File: Council Calendar and Council Tentative Agenda Submitted By: Carol Krager Administration Item Type: Receive and File Meeting Type: Consent - Receive and File ISSUE Receive and file the Council Calendar and the Tentative Agenda for future Council meetings. STAFF RECOMMENDATION / ACTION REQUEST No action requested; this is a receive and file item for information. KEY FACTS AND INFORMATION SUMMARY The Council Calendar and the Tentative agenda for future Council meetings are attached. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A - Receive and File Items Attachments Three -month Calendar Tentative Agenda Agenda Item No. 3.C.1 For Agenda of February 8.2011 11 MEMORANDUM TIGARD TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three -Month Council Meeting Calendar DATE: February 2, 2011 Regularly scheduled Council meetings are marked with an asterisk ( *). February 1 Tuesday Council Special Meeting — 6:30 pm, Town Hall 8* Tuesday Council Business Meeting — 6:30 pm, Town Hall 15* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 21 Monday Presidents Day, City Hall Closed 22* Tuesday Council Business Meeting— 6:30 pm, Town Hall 28 Monday Presentation on Successful Community Economic Development 7 -9pm, Town Hall March 1 Tuesday Council Special Meeting — 6:30 pm, Town Hall 8* Tuesday Council Business Meeting — 6:30 pm, Town Hall 15 Tuesday Council Workshop Meeting - CANCELLED 22* Tuesday Council Business Meeting — 6:30 pm, Town Hall 29 Tuesday Mayor and Council invited to TVF &R Headquarters — 6:00 pm, 11945 SW 70th, Tigard April 12* Tuesday Council Business Meeting — 6:30 pm, Town Hall 18 Monday Budget Committee Meeting-6:30 pm, Public Works Auditorium 19* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 25 Monday Budget Committee Meeting -6:30 pm, Public Works Auditorium 26* Tuesday Council Business Meeting — 6:30 pm, Town Hall I: \ADM \City Council\Council Calendar \3 -month calendar for 110202cc mtg.doc Agenda Item No. 3.0 02 Meeting of ems- g a0 // ! Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is I ell 0 Workshop Meeting ❑ City Council Tentative Agenda 1/31/2011 9:04 AM Form Meeting Submitted Meeting Inbox or Date By Type Title Department Finalized 246 02/01/2011 02/01/11 City Attorney Interviews Quorum may be present. 1247 1102/15/2011 1iCarol Krager AAA 102 /15/11 I Absences to Note: I Location: Tigard City Hall 1 1I 272 02/15/2011 Sean Farrelly CCWKSHOP45 Minutes - 2010 Annual Report of the City Center Advisory Commission Community Farrelly S, Redev Project Development Manager 326 02/15/2011 Ted Kyle CCWKSHOP45 Minutes - Consultant Presentation on Main Street Parking Options (Requested to be Public Works Kyle T, City Engineer 2nd on Agenda at or after 7:15 p.m.) 337 02/15/2011 Darren Wyss CCWKSHOP 15 Minutes - Briefing on the Economic Opportunities Analysis Community Wyss D, Senior Planner Development 221 02/15/2011 Susan CCWKSHOP45 Minutes - Code Compliance Program Update and Discussion of Additional Community Hartnett S, Asst CD Hartnett Administrative Code Options Development Director 303 02/15/2011 Ted Kyle CCWKSHOP30 Minutes - Water Reuse Study Update Public Works Koellermeier D, Public Works Dir I II Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 1/31/2011 9:04 AM 1248 102/22/2011 (Carol Krager °AAA 102/22/11 I Absences to Note: I Location: Tigard City Hall r I- IL I 297 02/22/2011 Joseph Barrett ACONSENT Consent Item - Award Municipal Lease with Panasonic Police Finance Solutions for 3 Year Financing for Replacement of the In -Car Video System in Patrol Vehicles 310 02/22/2011 Kim McMillan ACONSENT Consent Item - Intergovernmental Agreement for Right- Public Works 01/28/2011 ,of -Way Services (SW Main Street: 99W to Rail Corridor) , . 349 02/22/2011 Loreen Mills ACONSENT Consent Item - Award of Contract for Franchise Attorney Administration Mills L, Asst to City Manager Services 352 02/22/2011 Nadine Robinson ACONSENT Consent Item - Award Contract to Larry J. Blake, Jr. for Administrative Robinson N, Admin. Svcs. Prosecutorial Services Services Manager - - - II 1 342 02/22/2011 Cheryl Caines CCBSNS 90 Minutes - Quasi - Judicial Public Hearing: Community Comprehensive Plan Amendment, Sensitive Lands Development Reviews and Adjustment to Extend Wall St. to Fields Property 300 02/22/2011 Sean Farrelly CCBSNS 10 Minutes - Review plans for interim gateway at Community Farrelly S, Redev Project Hall /Pacific Hwy intersection Development Manager 343 02/22/2011 Carol Krager CCBSNS 15 Minutes - Consider resolution to renew annexation Community Pagenstecher G, Assoc Planner incentives Development 03/01/2011 Special Meeting - Review of Executive Staff Work Plan for Implementing Council Goals Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full i Workshop Meeting ❑ City Council Tentative Agenda 1/31/2011 9:04 AM 249 03/08/2011 Carol Krager AAA 03/08/111 Absences to Note: Mayor Dirksen 1 Location: Tigard City Hall I-- --- . — — ._._.._— ._ — —10 328 03/08/2011 Cheryl Caines ACCSTUDY 20 Minutes - Review Resolution 08 -47 That Establishes A 'Community Caines C, Assoc Planner Process to Form Ad -Hoc, Limited Duration Citizen Advisory Development Committees 356 03/08/2011 Liz Lutz ACCSTUDY 25 Minutes - Review of 2012 Community Event Funding Financial and LaFrance T, Fin /Info Svcs Director Requests Information Services I -- -- -- ICI (354 II03/08/2011I1lulia Wade ( ICCBSNS 1115 Minutes - Update of Tigard Youth Advisory Council Activities I(Police IlHuiras S, Police Youth Program Mgr In 1201 I03/08/20111Ted Kyle IICCBSNS 1115 Minutes - CIP Update - Small Projects Update IlPublic Works ((Kyle T, City Engineer In 329 03/08/2011 Duane Roberts CCBSNS 25 Minutes - Status Report on Progress of Greenway Trails Community Roberts D, Project Planner System Master Plan Update Development 351 03/08/2011 Cheryl Caines CCBSNS 10 Minutes - Consider Vacation of Right -of -Way on Burnham Community Street Adjacent to Matsumoto Property Development I '(Total Time: 65 of 110 minutes have been scheduled I — ID 250 03/15/2011 Carol Krager AAA 03/15/11 I Absences to Note: Dirksen, Buehner, Woodard at NLC. Agenda items will need to be rescheduled. I to 3 h.- yI��.nr It ��.���, a ❑ Ituxinuss Alucung ❑ • ,i,■ ❑ Shed al \Icciinri ❑ A ',v.l.i ❑ \Icclin. is lull ■ VA -I, 1, A1" iin, ❑ City Council Tentative Agenda 1/31/20119:04 AM 251 03/22/2011 Carol Krager AAA 03/22/11 1 Absences to Note: Councilor Wilson I Location: Tigard City Hall 336 03/22/2011 Cheryl Caines ACCSTUDY 10 Minutes - Update City Council on the Tree Board's Upcoming Tree Community Development Replacement Fund Recommendation Total Time: 10 of 45 minutes have been scheduled ID 148 03/22/2011 Judith Gray ACONSENT Consent Item - Approve Granting a Designated Bus Stop on Community Development Commercial Street for Yamhill County Transit Area - Resolution 335 03/22/2011 Greer Gaston ACONSENT Consent Item - Increase the City Manager's Credit Authorization Public Works Limit to Waive Utility Charges 338 03/22/2011 Darren Wyss CCBSNS 45 Minutes - Briefing on the Economic Opportunities Analysis Community Development Wyss D, Senior Planner 357 03/22/2011 John Goodrich CCBSNS 15 Minutes - Consider Amending Tigard Municipal Code Chapter 12, Public Works Water and Sewers _ IlTotal Time: 60 of 110 minutes have been scheduled 03/29/2011 Special Meeting with Tualatin Valley Fire and Rescue Board at New Headquarters in Tigard - 6:30 p.m. dinner followed with a meeting to discuss items of mutual interest 1253 04/12/2011 ICarol Krager IAAA 04/12/11 I Absences to Note: I Location: Tigard City Hall b -- — to 202 04/12/2011 Ted Kyle CCBSNS 15 Minutes - CIP Update - Burnham Street and 10 MG Water Pump Public Works Kyle T, City Engineer Station Projects _ 222 04/12/2011 Susan CCBSNS 45 Minutes - Public Hearing - Amend the Tigard Municipal Code Community Development 'Hartnett 5, Asst CD Hartnett Abatement Regulations Related to Code Compliance and Amend Director 2010 -11 Master Fee Schedule 332 04/12/2011 Cheryl Caines CCBSNS 20 Minutes - Consider a Tree Board Recommendation & Resolution Community Development Caines C, Assoc for Utilization of Tree Replacement Fund Planner 1Total Time: 80 of 110 minutes have been scheduled Key: Meeting Banner ❑ Business Meeting 0 Study Session ❑ Special Meeting Q Consent Agenda ❑ Meeting is Full . Workshop Meeting. ❑ City Council Tentative Agenda 1/31/20119:04 AM 1254 04/19/2011 ['Carol Krager IIAAA 1104/19/11 1 Absences to Note: I Location: Tigard City Hall II - 292 04/19/2011 John Floyd CCWKSHOP 45 Minutes - Regulatory Improvement Initiative Update and Community Development Floyd J, Associate Workshop Planner 323 04/19/2011 Judith Gray CCWKSHOP 130 Minutes - HCT Land Use Plan Update Community Development I Q 344 04/19/2011 Duane CCWKSHOP 25 Minutes - Greenway Trail System Master Plan Community Development Hartnett S, Asst CD Roberts Director Total Time: 100 of 180 minutes have been scheduled I -- - - -- -- 10 252 1104/26/2011 11Carol Krager IIAAA 1104/26/11 I Absences to Note: 1 Location: Tigard City Hall II II ID 1 ID 339 05/10/2011 Darren Wyss CCBSNS 60 Minutes - Public Hearing for City of Tigard Economic Community Development Wyss D, Senior Opportunities Analysis Planner 1 I Time: 60 of 110 minutes have been scheduled 1 1282 05/17/2011 lOudith Gray I CCWKSHOP 130 Minutes - Joint meeting with TTAC [Community Development I Q 293 05/17/2011 John Floyd CCWKSHOP 60 Minutes - Joint Meeting with Planning Commission on Regulatory Community Development Floyd J, Associate Improvement Initiative - Decision Making Package Planner - Total Time: 90 of 180 minutes have been scheduled AIS -340 Item #: 4. Business Meeting Date: 02/08/2011 Length (in minutes): 5 Minutes Agenda Title: Proclaim February as Kiwanis Children's Cancer Cure Month Prepared For: Joanne Bengtson Submitted By: Joanne Bengtson Administrative Services Item Type: Update, Discussion, Direct Staff Meeting Type: Proclamation ISSUE Proclaim February 2011 as Kiwanis Children's Cancer Cure Month. STAFF RECOMMENDATION / ACTION REQUEST Issue proclamation KEY FACTS AND INFORMATION SUMMARY N/A - Mayoral Proclamation OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Children's Cancer Cure Month Proclamation V 4 v `e 48 . , 1/ ... , :,, ,, ("4 f 7 1 ("4 City of Tigard 1 ;' I KIWANIS CHILDREN'S CANCER CURE MONTH . 4 4 February 2011 Whereas, the men and women of the Pacific Northwest District of Kiwanis International i ' have exhibited a deep sense of pride in their community by serving the needs of family and =- children worldwide; and „" yQ44r Whereas, the Pacific Northwest District of Kiwanis International has effective October 1, 2010, initiated the multi -year District wide Service Project, Kiwanis Children's Cancer Cure , * :`' Program; and ' -e t;` y 4 I f ,,: Whereas, this program will fund the Kiwanis Children's Cancer Fellowships, allowing r , . physicians to seek cures for currently untreatable forms of cancer, and ;�. -: M Whereas, the Kiwanis Clubs of the Pacific Northwest will collaborate with Doernbecher "' Children's Hospital in Portland, the Seattle Children's Hospital and the Vancouver, B.C. 'Qf ' Children's Hospital; and " > "ij,.. . Whereas, the local Kiwanis Clubs are the epitome of their defining statement " Kiwanis is a ; Global Organization of Volunteers Dedicated to Changing the World One Child and One Community at a Time ". ,ii NOW THEREFORE BE IT RESOLVED THAT I, Craig E. Dirksen, Mayor of the City of Tigard, ,,, Oregon, do hereby proclaim February 2011 as ; -'; 1 KIWANIS CHILDREN'S CANCER CURE MONTH I :'A ' And encourage citizens to embrace this endeavor in the interest of children suffering .' 1:• from cancer. " . Dated this day of , 2011. y. " "- El IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. r I �� ' Craig E. Dirksen, Mayor City of Tigard i . Attest: City Recorder 1 r . , A 1 A. ,4 3 p 3 r 1 7• .t tr AIS -346 Item #: 5. Business Meeting Date: 02/08/2011 Length (in minutes): 20 Minutes Agenda Title: Update from Metro Councilor Carl Hosticka Submitted By: Cathy Wheatley Administration Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Metro Councilor Carl Hosticka will update the Council on current Metro activities. STAFF RECOMMENDATION / ACTION REQUEST Discussion item only. KEY FACTS AND INFORMATION SUMMARY Update and discussion item only. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A AIS -290 Item #: 6. Business Meeting Date: 02/08/2011 Length (in minutes): 10 Minutes Agenda Title• Consider a Resolution Approving the Purchase of the Potso Dog Park Property and • Authorizing the City Manager to Complete the Property Purchase Prepared For: Steve Martin Submitted By: Steve Martin Public Works Item Type: Resolution Meeting Type: Council Business Meeting - Main ISSUE Shall the Council approve the purchase of the Potso Dog Park property and authorize the City Manger to complete the property purchase? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Council adopt the resolution. KEY FACTS AND INFORMATION SUMMARY Background • Potso Dog Park is situated on property leased by the City. • The 2.59 -acre, off -leash area is the largest dog park in Tigard. • Park use has increased every year since the park opened in 2004. • The property was originally owned by Coe Manufacturing and leased to the City. Since that time, the property has had several different owners who have continued the lease. • In lieu of payment, the bank has recently taken back the property from the owner and City's lessor. • The bank has not responded to the City's requests to lease the property and has indicated it has another buyer should the City fail to follow through with the property purchase. Potso Dog Park Acquisition • The Park System Master Plan recommends the City retain its existing dog parks, including Potso Dog Park. The Plan also recommends the City reach some agreement with the owner of the Potso property that would allow long -term use of the dog park. • The Potso Dog Park property ranked fourth out of 11 properties on the Park and Recreation Advisory Board's September 2010 acquisition list. (The Summer Creek and Sunrise properties were ranked one and two respectively.) • The Park and Recreation Advisory Board, using the Park System Master Plan as a guide, made an official recommendation that the City purchase the property. Purchase Details • In November 2010 Tigard voters passed a $17 million park bond measure. Eighty percent of bond measure proceeds must be used to acquire land, including park land such as the Potso Dog Park property. • The Trust for Public Land secured an option for the City to purchase the property. • The City conducted an appraisal on the property in November of 2010; the property was valued at $625,000. Under the terms of the option, the purchase price cannot exceed the appraised value. • Per the City's property acquisition procedures, a phase one environmental assessment of the property was conducted; no contaminants were found. • The attached Purchase and Sale Agreement was reviewed by the City Attorney's office. OTHER ALTERNATIVES The Council could choose not to authorize the purchase of the property. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2010 Council Goal #3b., "Develop land acquisition strategies (potential options to purchases, etc.)" The Park System Master Plan recommends the City retain its existing dog parks, including Potso Dog Park. The Plan also recommends the City reach some agreement with the owner of the Potso property that would allow long -term use of the dog park. 2011 Park and Recreation Advisory Board Goals #2 and #3: • "Continuously communicate PRAB status for use of bond money and activities." • "Inventory and evaluate current park amenities - make recommendations." Council Goals for 2011 were not finalized at the time this agenda item was prepared. DATES OF PREVIOUS COUNCIL CONSIDERATION The Council was briefed on the purchase of this property in executive session on January 25, 2011. Fiscal Impact Cost: $625,000 Budgeted (yes or no): Yes Where Budgeted (department /program): Park Bond Measure Additional Fiscal Notes: The funds for this property purchase will come from the $17 million park bond measure passed by voters in November 2010. Attachments Resolution Purchase and Sale Agreement - Potso Dog Park Property Appraisal Summary AGREEMENT FOR PURCHASE OF REAL PROPERTY (Potso Dog Park) BETWEEN: Oregon Field Office The Trust for Public Land. ( "Seller ") 806 SW Broadway Suite 300 Portland, Oregon 97213 Attn: Robert Betcone Office: (503) 228 -6620 FAX: (503) 228 -4529 AND: City of Tigard ( "Buyer ") 13325 SW Hall Blvd. Tigard, Oregon 97223 Attn: Craig Prosser, City Manager Office: (503) 718 -2486 DATED: February , 2011 ( "Effective Date ") RECITALS A. Seller holds an exclusive option to purchase approximately 2.59 acres of certain real property located south of Hunziker Road on Wall Street in Washington County, Oregon, known as the Potso Dog Park property (hereinafter the "Subject Property "), which is legally described in the attached Exhibit A. The Subject Property includes any improvements, fixtures, timber, water and minerals located thereon, and any and all rights appurtenant thereto owned by Seller, including but not limited to development rights, timber rights, water rights, grazing rights, access rights, and mineral rights. B. Buyer wishes to purchase the Subject Property from Seller and Seller wishes to sell the Subject Property to Buyer on the terms and conditions set forth in this Agreement for Purchase of Real Property (the "Agreement "). AGREEMENT NOW, THEREFORE, in consideration of the Recitals set forth above, which are contractual, and for other good and valuable consideration described in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as set forth below. SECTION 1 General Provisions 1.1 Purchase and Sale. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the Subject Property on the terms and conditions set forth herein. AGREEMENT FOR PURCHASE OF REAL PROPERTY — Page 1 500/4- 36792.010 290 _Potso 1'SA 1 25 I /.docx \CoT /1/31/201 / 1.2 Purchase Price. The purchase price for the Subject Property shall be $625,000.00 (Six Hundred Twenty -Five Thousand Dollars) (the "Purchase Price "). The Purchase Price shall be validated by an appraisal of not less than the Purchase Price by a qualified, licensed appraiser, which will be supplied to Buyer for review and approval, in its sole discretion. 1.3 Purchase Terms. The Purchase Price shall be paid in cash on the closing date. 1.4 Future Action. During the term of this Agreement, Seller shall not, without the prior written consent of Buyer, execute or consent to the execution of any document, agreement or other instrument which may result in an alteration of the condition of title as approved by Buyer pursuant to the preliminary title report, or impair the ability of Seller to deliver title to the Subject Property to Buyer. 1.5 Possession. Except for the existing lease of the dog park with Buyer as tenant, there are no leases, licenses or other agreements permitting, nor has Seller entered any course of conduct that would permit any person or entity to occupy or use any portion of the Subject Property. Seller shall deliver immediate and exclusive possession of the entire Subject Property to Buyer at closing. SECTION 2 Conditions Precedent to Closing 2.1 Seller's Vesting. This Agreement shall remain contingent upon Seller's successful acquisition of the Subject Property. Seller shall not be obligated to exercise its option with the current owner of the Subject Property. 2.2 Title Review. Buyer shall review and, at its sole discretion, approve the condition of title including any reserved easements or proposed easements. 2.3 Availability of Funds. Seller understands that Buyer intends to use funds from the issuance of park bonds recently approved by voters. This Agreement is contingent upon the issuance of such bonds. 2.4 Environmental. Seller shall commission an environmental assessment of the Subject Property by a qualified environmental professional following ASTM Practice E 1527 -05. Said assessment shall indicate no "recognized environmental conditions" as defined by the standard. Buyer's receipt and approval of said report and Buyer's approval of the overall environmental condition of the Subject Property, based on its due diligence and inspections, are conditions to closing. 2.5 Appraisal. Buyer shall receive and approve, in its sole discretion, the appraisal referenced in Section 1.2. 2.6 Contingency Failure. In the event any of the contingencies set forth in Section 2 AGREEMENT FOR PURCHASE OF REAL PROPERTY — Page 2 500/4- 36792.0/0 290 Potso PSA / 25 11 clocx1C0171/31/2011 are not timely satisfied or waived, for a reason other than the default of the Buyer or the Seller under this Agreement, this Agreement and the rights and obligations of the Buyer and the Seller shall terminate, except as otherwise provided. SECTION 3 Seller and Buyer Representations Seller's Representations. Seller makes the following representations: 3.1 Seller has full power and authority to enter into this Agreement. 3.2 Seller has not entered into any other contracts for the sale of the Subject Property or any portion thereof, nor do there exist any rights of first refusal or options to purchase the Subject Property (except for the option described in Recital A of this Agreement). 3.3 Within Seller's knowledge, there is no suit, action, arbitration, legal, administrative or other proceeding or inquiry pending or threatened against the Subject Property or pending or threatened against Seller which could affect Seller's title to the Subject Property, affect the value of the Subject Property, or subject an owner of the Subject Property to liability. The representations and warranties of Seller contained herein shall be effective through the close of escrow. Buyer's Representations. Buyer makes the following representations: 3.4 Buyer has all requisite authority and power to enter into this Agreement. 3.5 Neither Buyer's execution of this Agreement nor its taking any of the actions contemplated hereunder will violate any City, County, State or Federal Codes or Ordinances, or other governmental regulations. 3.6 The representations and warranties of Buyer contained herein shall be effective through the close of escrow. SECTION 4 Closing and Escrow 4.1 Escrow. Upon execution of this Agreement, or as soon thereafter as is convenient, the parties shall open an escrow with First American Title, National Commercial Services, 200 SW Market St., Portland, Oregon (the "Escrow Holder ") for the purpose of closing the purchase and sale of the Subject Property. 4.2 Closing. Closing on the purchase and sale of the Subject Property shall occur as soon as practical, but in no event later than September 30, 2011. AGREEMENT FOR PURCHASE OF REAL PROPERTY — Page 3 500 /4- 36792.0 /0290 PolsoPSA 125 /I.docx \CoT // /31/20/ 4.3 Seller to Deliver at Closing. 4.3.1 Title. Title shall be conveyed to Buyer, via statutory warranty deed (the "Deed ") and shall be free and clear of all title defects, liens, encumbrances, deeds of trust, and mortgages except: (a) the standard printed exceptions on a form of title insurance policy; and (b) the special exceptions showing on the First American Title Preliminary Title Report, Order No. NCS- 460248 (attached as Exhibit B); provided, however, the line of credit deed of trust granted for the benefit of Capital Pacific Bank dated June 30, 2008 (exception number 11) shall be released prior to the close of escrow. At the close of escrow, Escrow Holder shall cause the Deed to be recorded in the official property records of Washington County and shall subsequently deliver conformed copies of the Deed to the parties. 4.3.2 Proof of Authority. Such proof of the Seller's authority and authorization to enter into this Agreement and consummate the transaction contemplated by it, and such proof of the power and authority of the persons executing and /or delivering any instruments, documents, or certificates on behalf of the Seller to act for or bind the Seller, as may be reasonably required by the Title Company and /or the Buyer. 4.3.3 Nonforeign Certification. The Seller represents and warrants that it is not a "foreign person" as defined in IRC § 1445. If required by the Buyer, Seller will give an affidavit to the Buyer to this effect in the form required by that statute and related regulations. 4.3.4 Closing Expenses and Fees. The escrow fee shall be paid one -half by Buyer and one -half by Seller. Seller will pay the premium on the ALTA title policy insuring Buyer's interest. Real estate taxes, if any, on the Subject Property shall be prorated between the Seller and Buyer as of the close of escrow based upon the latest available tax bill. Other fees and charges shall be allocated in accordance with the customary practices of Washington County, Oregon. 4.3.5 Title Insurance. Buyer shall be provided with a standard ALTA owner's policy of title insurance, at Seller's expense, in the full amount of the Purchase Price insuring that title to the Subject Property is vested in Buyer upon close of escrow subject only to the exceptions noted in Section 4.3.1. SECTION 5 Defaults and Remedies 5.1 Buyer's Default and Seller's Remedies. If Buyer breaches this Agreement, which breach Buyer fails to cure within twenty (20) days after receipt of written notice thereof from Seller, Buyer shall be in default hereunder and Seller shall be entitled, as Seller's sole - exclusive remedy, to terminate this Agreement. If closing does not occur solely due to Buyer's default, Buyer shall pay all escrow cancellation charges. 5.2 Seller's Default and Buyer's Remedies. If Seller breaches this Agreement, which breach Seller fails to cure within twenty (20) days after receipt of written notice thereof from Buyer, Seller shall be in default hereunder and Buyer shall be entitled to terminate this AGREEMENT FOR PURCHASE OF REAL PROPERTY — Page 4 50014- 36792.010 290 Potso PSA 1 25 11.docx1C61/1 /31 /2011 Agreement or pursue an action for specific performance. If closing does not occur solely due to Seller's default, Seller shall pay all escrow cancellation charges. SECTION 6 Miscellaneous 6.1 Notices. All notices pertaining to this Agreement shall be in writing delivered to the parties hereto personally by hand, courier service or Express Mail, or by first class mail, postage prepaid, at the addresses set forth on the first page of this Agreement. All notices shall be deemed given when deposited in the mail, first class postage prepaid, addressed to the party to be notified, or if delivered by hand, courier service, or Express Mail, shall be deemed given when delivered. The parties may, by notice as provided above, designate a different address to which notice shall be given. 6.2 No Broker's Commission. Each party represents to the other that it has not used a real estate broker in connection with this Agreement or the transaction contemplated by this Agreement. In the event any person asserts a claim for a broker's commission or finder's fee against one of the parties to this Agreement, the party against whom the claim is asserted will hold the other party harmless from said claim. 6.3 Time of the Essence. Time is of the essence under this Agreement. 6.4 Binding on Successors. This Agreement shall be binding not only upon the parties but also upon their assigns, and other successors in interest. Neither party shall assign its rights and /or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed. 6.5 Additional Documents. Seller and Buyer agree to execute such additional documents, including escrow instructions, as may be reasonable and necessary to carry out the provisions of this Agreement. 6.6 Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between Seller and Buyer pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 6.7 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and which together shall constitute one and the same agreement. 6.8 Severability. Each provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision(s) of this Agreement be for any reason unenforceable, the balance shall nonetheless be of full force and effect. AGREEMENT FOR PURCHASE OF REAL PROPERTY — Page 5 50014- 36792.010 290 Porso PSA 1 25 11.docx1Co1/1/31/2011 6.9 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. 6.10 Statutory Notice under ORS 93.040. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. 6.11 Damage or Destruction; Condemnation. Until the transfer of legal title, the risk of loss shall be retained by the Seller. The Seller shall keep the Subject Property fully insured until the transfer of legal title. In the event any material portion of the Subject Property is damaged, destroyed, or condemned or threatened with condemnation before the transfer of legal title, the Buyer may terminate this Agreement. In such event, this Agreement shall have no further force or effect whatsoever. If a nonmaterial portion of the Subject Property is destroyed then Buyer is obligated to close this transaction as provided for herein and to pay the full Purchase Price to the Seller. In such event, the Buyer shall be assigned all insurance proceeds or condemnation proceeds payable to or for the account of the Seller. 6.12 Attorneys' Fees. If any action is instituted between Seller and Buyer in connection with this Agreement, the party prevailing in such action shall be entitled to recover from the other party all of its costs of action, including, without limitation, attorneys' fees and costs, as fixed by the court therein, at trial or on appeal. In addition, if either party incurs attorneys' fees or costs in successfully enforcing any right under this Agreement, such attorneys' fees and costs shall be recoverable from the other party hereto. AGREEMENT FOR PURCHASE OF REAL PROPERTY — Page 6 50014- 36792.0/0 290 Potso /'SA 1 25 11.docx \Co1///31/20/ 1 IN WITNESS of the foregoing provisions the parties have signed this Agreement below: BUYER: SELLER: CITY OF TIGARD THE TRUST FOR PUBLIC LAND By: By: Title: Title: Date: Date: Approved as to Form: By: Title: City Attorney Date: AGREEMENT FOR PURCHASE OF REAL PROPERTY — Page 7 50014- 36792.0/0290 /'olsoPSA l2511.docx \Co77 //31/20/1 Exhibit "A" Real property in the County of Washington, State of Oregon, described as follows: Preliminary Report Order Number: NCS- 460248 -0R1 Page Number: 7 Exhibit "A" Real property in the County of Washington , State of Oregon, described as follows: Parcel 2, PARTITION PLAT 2007 -064, in the City of Tigard, County of Washington, State of Oregon. TOGETHER WITH an access easement as disclosed in agreement recorded February 21, 2007, Fee No. 2007 - 019321. ALSO TOGETHER WITH an access easement as disclosed by agreement recorded February 21, 2007, Fee No. 2007-019322. AND ALSO TOGETHER WITH an access easement as shown on PARTITION PLAT 2007 -064. • • First American Title Exhibit A • Exhibit "B" Special Exceptions ` c . N1 g R , `, { • First American Title Insurance Company National Commercial Services 200 SW Market Street, Suite 250 Portland, Oregon 97201 Escrow Officer: Trevor Cheyne Phone: (503)790 -7852 Fax: (866)678 -0591 E -mail tcheyne @firstam.com File No: NCS- 460248 -OR1 Title Officer: Jody Matlock Phone: (503)790 -7855 Fax: (866)678 -0591 E -mail jmatlock @firstam.com Ale No: NCS - 460248 -OR1 PRELIMINARY TITLE REPORT ALTA Owners Standard Coverage Liability $ TBD Premium $ TBD ALTA Owners Extended Coverage Liability $ Premium $ ALTA Lenders Standard Coverage Liability $ Premium $ ALTA Lenders Extended Coverage Liability $ Premium $ ALTA Leasehold Standard Coverage Liability $ Premium $ ALTA Leasehold Extended Coverage Liability $ Premium $ Endorsements Liability $ Premium $ Govt Service Charge Cost $ Other $ We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: The land referred to in this report is described in Exhibit "A" attached hereto. and as of 10/12/2010 at 8:00 a.m., title to the fee simple estate is vested in: Capital Pacific Bank Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: • This report is for the exdusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued, and the full premium paid. 50014- 36792.010 290_Potso PSA / 25 11.docx1Co7 /I /3I /20II Exhibit B Preliminary Report Order Number: NCS- 460248 -OR1 Page Number: 2 1. General and special taxes and assessments for the fiscal year 2010 -2011 are exempt. If the exempt status is terminated an additional tax may be levied. Account No. R2157861 2. City liens, if any, for the city of Tigard. Note: An inquiry has NOT been made concerning the actual status of such liens. A fee of $25.00 will be charged per tax account each time an inquiry request is made. 3. These premises are within the boundaries of the Clean Water Service District and are subject to the levies and assessments thereof. 4. An easement for electric power line and incidental purposes, recorded September 16, 1971 as Book 835, page 506 of Official Records. In Favor of: Portland General Electric Company, an Oregon corporation Affects: The Southeasterly 6 feet 5. The terms and provisions contained in the document entitled "Cross- Easements Agreement" recorded February 21, 2007 as Fee No. 2007 - 019321 of Official Records. 6. The terms and provisions contained in the document entitled "Easement Agreement" recorded February 21, 2007 as Fee No. 2007 - 019322 of Official Records. 7. Restrictions shown on the recorded plat of PARTITION PLAT NO. 2007 -64. 8. Easements for access over the Southeasterly 4 feet as shown on the recorded plat of PARTITION PLAT NO. 2007 -64. 9. Restrictive Covenant to Waive Remonstrance, pertaining to street improvements including the terms and provisions thereof Recorded: September 18, 2007 as Fee No. 2007 - 100905 10. The terms and provisions contained in the document entitled "Easement Agreement" recorded November 13, 2007 as Fee No. 2007 - 118241 of Official Records. 11. A Line of Credit Deed of Trust to secure an original indebtedness of $659,750.00 recorded July 3, 2008 as Fee No. 2008 - 059644 of Official Records. Dated: June 30, 2008 Trustor: RealNet Properties, LLC, an Oregon limited liability company Trustee: Ticor Title Insurance Company Beneficiary: Capital Pacific Bank Document(s) declaring modifications thereof recorded September 2, 2009 as Fee No. 2009- 080046 of Official Records. A document entitled "Assignment of Rents" recorded July 3, 2008 as Fee No. 2008 - 059645 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust. First American Title 50014- 36792.0/0290 TorsoPSA 125 /1.docxICoT ///31/201 1 Exhibit B Preliminary Report Order Number: NCS- 460248 -0R1 Page Number: 3 12. Unrecorded leases or periodic tenancies, if any. 13. The following matters pertain to Lenders Extended coverage only: a) Parties in possession, or claiming to be in possession, other than the vestees shown herein b) Statutory liens for labor and /or materials, including liens for contributions due to the State of Oregon for employment compensation and for workman's compensation, or any rights thereto, where no notice of such liens or rights appears of record. -END OF EXCEPTIONS - First American Title 50014- 36792.010 290_Polso PSA l 25 11.docx \Co7 /!/31/20/ I Exhibit B Zell & Associates Real Estate Appraisers and Counselors Complete Market Value Appraisal Summary Format Report 2.59 Acres Vacant Land Located at: SW Wall Street south of SW Hunziker Street Tigard, Oregon Prepared for Trust for Public Land 806 SW Broadway, Suite 300 Portland, Oregon 97205 Date of "As Is" Value: November 15, 2010 Prepared by: Craig Zell, MAI, SRA Zell Report No: 10 -160 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Subject Site: The subject is located along 505.50 feet frontage on SW Wall Street approximately 660 feet south of SW Hunziker Street in Tigard, Washington County, Oregon. The parcel is generally rectangular with an estimated 2.59 gross acres. The entire site is usable after some small wetland area is filled according to the State of Oregon requirements. Property Rights Fee Simple Appraised: Effective Date of November 15, 2010 Value: Date of Inspection: October 14, 2010 and November 1, 2010 Site size: 2.59 gross acres. Zone: IP— Industrial Park, City of Tigard. The zoning district "provides appropriate locations for combining light manufacturing, office and small -scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus -like setting. "' A complete list is included in the addenda of this report. The neighborhood is generally compatible with these uses. Improvements: None. Assessment and The Real Market Value of the property is $699,480. The property is not taxation: currently assessed for taxes as it is being used for a dog park for the City of Tigard. Flood Hazard area: The map panel for the subject property is 4102760517C, dated February 18, 2005 of the FEMA Flood Hazard Maps. According to the map, the site is located in Zone X, which is described as "areas determined to be outside the 1% annual chance floodplain ". Flood insurance is not required. Census Tract: 307.00 Owner of Record: Capital Pacific Bank who acquired the property through a deed in lieu of foreclosure with a recorded price of $659,750. The deed is dated April 12, 2010 and was signed for Realnet Properties, LLC by Scott D. ' City of Tigard Zoning Code, Chapter 18.530, Industrial Zoning Districts. 10-160--Wall St. Industrial Land Zell & Associates 1 Fouser, President of Scott D. Fouser, P.C. a member of the LLC. Highest and Best The highest and best use of the property "as vacant" is for industrial Use: development. Valuation The subject is being valued in its "As Is" condition and as it is vacant Methodology: land only the Sales Comparison Approach is used and the other approaches are not considered appropriate and are not market supported. Marketing /Exposure 12 to 18 months Time: Indicated Value: Value Estimated Effective Date Estimated Value "As Is" Fee Simple Value November 15, 2010 $625,000 10- 160 —Wall St. Industrial Land Zell & Associates 2