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City Council Packet - 08/09/2011 1 I TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING August 9, 2011 COUNCIL MEETING WILL BE TELEVISED I:1Design & Communications\Donna\City Councillccpkt1 Cathy Wheatley 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov I I I City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL, LCRB and CCDA Revised 8/5/11 to include Agenda Item 4.A - Receive and File: Council Calendar and Tentative Agenda MEETING DATE AND TIME: August 9, 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.tvcty.org/government- programming /government - meetings /tigard 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. I I I 11 City of Tigard Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL, LCRB & CCDA MEETING DATE AND TIME: August 9, 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. Council Calendar. - August 16, 2011 - Special Meeting - Executive Session to review finalists for the city manager position. - August 23, 2010 - Business Meeting - 6:30 p.m. - Study Session; 7:30 p.m. Business Meeting B. Administrative Items. - Update on council meals. • EXECUTIVE SESSION: The Tigard City Council as the City Center Development Agency will go into Executive Session to deliberate with persons designated by the governing body to negotiate real property transactions, under ORS 192.660(2) (e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Executive Session - City Center Development Agency and City Center Advisory Commission Real Estate Negotiations Discussion. 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. CONSENT AGENDA: (Council and Local Contract Review Board) 7:40 p.m. estimated time 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. LOCAL CONTRACT REVIEW BOARD: AWARD CONTRACT FOR CITYWIDE GROUNDS MAINTENANCE TO PORTLAND HABILITATION CENTER B. LOCAL CONTRACT REVIEW BOARD: AWARD CONTRACT FOR THE GREENFIELD DRIVE & 130th PLACE STORM DRAIN PIPE REPAIR PROJECT TO THE MOCON CORPORATION C. APPROVE FY 2011 -12 CAPITAL IMPROVEMENT PROGRAM (CIP) TREE CANOPY REPLACEMENT PROJECT LIST - RESOLUTION NO. 11 -33 RESOLUTION NO. 11 -33 -- A RESOLUTION APPROVING A LIST OF CAPITAL IMPROVEMENT PROGRAM (CIP) TREE CANOPY REPLACEMENT PROJECTS IN EXCESS OF 10% GREATER THAN THE TREE REPLACEMENT FEE IN THE MASTER FEES AND CHARGES SCHEDULE. D. RECEIVE AND FILE: 1. Three -month Council Calendar 2. Tentative Agenda • 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. 3. CITIZEN COMMUNICATION (Two Minutes or Less, Please) 7:35 p.m. estimated time A. Follow -up to Previous Citizen Communication B. Tigard Area Chamber of Commerce - Debi Mollahan, Executive Director C. Citizen Communication — Sign Up Sheet 4. REVIEW OF 2011 OREGON LEGISLATIVE SESSION AND ANALYSIS OF ADOPTED LEGISLATION SUPPORTING CITY COUNCIL'S PRIORITIES 7:45 p.m. estimated time 5. CAPITAL IMPROVEMENT PLAN BRIEFING ON THE PACIFIC HIGHWAY /GAARDE STREET/MCDONALD STREET INTERSECTION IMPROVEMENT PROJECT 8:00 p.m. estimated time 6. • LEGISLATIVE PUBLIC HEARING TO CONSIDER TIGARD MUNICIPAL CODE AMENDMENTS ON ADMINISTRATIVE RULE MAKING 8:15 p.m. estimated time • Open Public Hearing • Review Hearing Procedures: City Attorney • Declarations or Challenges: Does any Council member wish to declare or discuss a conflict of interest or abstention. • Staff Report: Community Development Department • Public Testimony • Proponents • Opponents • Staff Recommendation • Council Questions • Close Public Hearing • Council Consideration: Ordinance No. 11 -06 7. COUNCIL LIAISON REPORTS 8. NON AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10. ADJOURNMENT 8:45 p.m. estimated time SUPPLEM NT PACKET up CO M 1 N G EVENTS FOR — (DATE OF MEETING) 1 Good Morning Tigard (GMT)— Business Networking — 7:30- 9:00am - FREE • 08/11/11— Active Media • Hosted at the Tigard Chamber of Commerce, 12345 SW Main St, Tigard OR • 08/18/11— Sonic Drive In • Hosted at their location, 15336 SW Pacific Highway, Tigard OR • 08 /25 /11 — Tigard Area Farmers Market • Hosted in the Young's Funeral Home parking lot, 11831 SW Pacific Hwy, Tigard, OR • 09/01/11— NO GMT — Enjoy the upcoming long weekend! • 09/08/11 —TBD • Hosted at TBD • 09/15/11— Salon Mariposa • Hosted at their location, 12720 SW Pacific Hwy Suite 4, Tigard OR • 09/22/11— BlanketBooster • Hosted at the Tigard Chamber of Commerce, 12345 SW Main St, Tigard OR • 09/29/11— AFLAC - Morgan Roe • Hosted at the Tigard Chamber of Commerce, 12345 SW Main St, Tigard OR Other Chamber Events A- OD I1\ Lunch & Learns — Free, Noon to 1:00 p.m. Oil Hosted at Tigard Chamber, Pearson Room, Noon — 1:00 p.m., BYOL I vv / - • 08/17/11 - Identify Theft Act requirements from the State of Oregon • 09/07/11- Facebook Fan Page Marketing LUNCH PROVIDED by host • 09/13/11- How to Make Your Employees Happy & Your Company Money • 09/21/11— Action Coach Business Coaching Register for these events on our website Lunch Local — No Host Lunch, 2 & 4th Wed of each month 11:45 a.m. to 1 p.m. • 08/10/11 - Bridge City Cafe (formally Paradise Bakery and Cafe) Tigard's 3rd Tuesday After Hours — Free, 5:00 — 6:30 p.m. August 16th - Hosted by OMG Onthank Marketing Group event is taking place at The Tigard Chamber of Commerce on Main Street in Downtown Tigard For more about these and other events, go to www.tigardareachamber.org /directory /events To sign up for our newsletter, e-mail info @tigardchamber.org and put newsletter in the subject line 01 4 �31z � wtc�r,CSr &kde�� g/ j �« vov r �� Al oe el � Find us on FacebookIJ ��Roi coN',. AIS -590 Item #: - 4, A. Business Meeting Date: 08/09/2011 Length (in minutes): Consent Item Agenda Title: Award Contract for Citywide Grounds Maintenance to Portland Habilitation Center Prepared For: Joseph Barrett Submitted By: Joseph Barrett Financial and Information Services Item Type: Meeting Type: Local Contract Review Board ISSUE Shall the Local Contract Review Board award a contract for citywide grounds maintenance services to Portland Habilitation Center? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award the contract for citywide grounds maintenance services to Portland Habilitation Center and authorize staff to finalize the contract with the vendor. KEY FACTS AND INFORMATION SUMMARY In 1977, the Oregon legislature passed the "Products of Disabled Individuals" Act (ORS 279.835 to ORS 279.855.) This law obligates all state and local governments, school districts and other tax- supported political bodies in Oregon, to purchase goods and services from Qualified Rehabilitation Facilities (QRFs) when the products or a service meets their requirements. A Qualified Rehabilitation Facility is a non - profit organization that puts Oregonians with disabilities to work. It is a place of business and a training facility; with workshops, equipment, class and meeting rooms, offices and other business necessities. Many QRFs have other business locations as well, such as a downtown office, bakery or mail room. The mission of a QRF is to help disabled people achieve self - confidence and self - sufficiency by working in the community in which they live and becoming productive citizens. A QRF often has a variety of programs to help disabled people achieve maximum economic and personal independence through vocational development. It is "qualified" because its programs are registered and reviewed on a regular basis by various state and federal agencies such as the Oregon Department of Human Services (DHS), Oregon Department of Administrative Services (DAS) and the National Industries for the Severely Handicapped (NISH). Disabled people are referred to a QRF from the Vocational Rehabilitation or Mental Health Divisions of the Oregon Department of Human Services. There are approximately 47 QRFs around the state of Oregon. Every QRF puts a lot of energy into finding and creating opportunities that provide jobs for disabled people, as well as quality products or services to their customers. Today, QRFs provide work for nearly 6,000 Oregonians through their varied business enterprises. One of the services that a number of QRF vendors provide is grounds maintenance. The City has been utilizing the services of All Seasons Grounds Care /Shangri La, a QRF vendor out of Salem, for the past number of years. Staff grew increasingly dissatisfied with the service provided by All Seasons and after meeting with All Seasons staff and State of Oregon QRF program representatives, the decision was made to end All Seasons services at the city. As the need for grounds maintenance at the city's water facilities, water quality facilities and open spaces still exists, staff reached out to Portland Habilitation Center, another QRF in the area that provides the service. City staff and Portland Habilitation Center reviewed the scope of services and, in accordance with state process and statute, agreed to pricing for the work. The price determination was forwarded to the state for approval and the approval was received thus allowing the contract to move forward to the Local Contract Review Board for award. OTHER ALTERNATIVES Do not approve the contract award and direct staff to enter into negotiations with another QRF providing grounds maintenance services. The LCRB should remember that the City must utilize a QRF for the service (or take in- house) and as the pricing for QRF contracts is approved, and to a large degree managed by the State of Oregon, the pricing would be very similar. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This contract award was originally scheduled for the June 14, 2011 Local Contract Review Board meeting but was removed by staff in order to have more time to negotiate the service level the city will receive. 1 4 Fiscal Impact Cost: $233,664 (2 years) Budgeted (yes or no): Yes Where Budgeted (department/program): Water, Storm, General Additional Fiscal Notes: The annual cost of the project is estimated at $116,832 for a contract total of $233,664 over the possible two year life of the contract. The project is split between the following funds: Water Fund - $17,964 /annually Storm Fund - $64,632 /annually General Fund - $34,236 /annually There are appropriations in the FY 2011 -2012 adopted budget for this work. The second year will be contingent upon approval of the FY 2012 -2013 budget. Attachments No file(s) attached. AIS -596 Item #: '4. B. Business Meeting Date: 08/09/2011 Length (in minutes): Consent Item Agenda Title Award Contract for the Greenfield Drive & 130th Place Storm Drain Pipe Repair Project to • the Mocon Corporation Prepared For: Joseph Barrett Submitted By: Joseph Barrett Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB ISSUE Shall the Local Contract Review Board award the contract for the city's Greenfield Drive and 130th Place storm drain pipe repair project to the Mocon Corporation? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award the contract for the Greenfield Drive and 130th Place storm drain repair project to the Mocon Corporation. KEY FACTS AND INFORMATION SUMMARY A storm drainage pipe crossing Greenfield Drive, 600 feet south of Morningstar Drive, has cracked. The existing pipe will be abandoned and new pipe will be installed using the slip - lining method. This method is the most cost - effective as well as the least impactive to the area environment during construction. The City issued an Invitation to Bid for the work on April 27, 2011. The City received two responses to the Invitation to Bid by the closing on July 7th: • Macon Corporation - $99,827 • CAD Construction, LLC - $109,518 The city reviewed the bids and has found that both company's bids were responsible. Therefore, in accordance with the city's public contracting rules, staff recommends the contract be awarded to the Mocon Corporation as the lowest responsible bidder. OTHER ALTERNATIVES The Local Contract Review Board may chose to decline the bids, not award the contract, and direct staff to not perform the work. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time staff has presented this contract award recommendation to the Local Contract Review Board. Fiscal Impact Cost: $99,827 Budgeted (yes or no): Yes Where budgeted ?: Stormwater Fund Additional Fiscal Notes: The estimated construction cost of this project is $99,827. The Stormwater Fund has $132,000 in the FY 2011 -12 budget for the project. Of the $132,000 project budget, $100,000 is for construction; $32,000 is budgeted for in -house project management and inspection. The bid award in the amount of $99,827 is within the project budget for construction. Attachments No file(s) attached. 3 AIS -602 Item C. Business Meeting Date: 08/09/2011 Length (in minutes): Consent Item Agenda Title: Approve FY 2011 -12 Capital Improvement Program (CIP) Tree Canopy Replacement Project List Submitted By: Todd Prager Community Development Item Type: Resolution Meeting Type: Consent Agenda L. ISSUE As required by Resolution 11 -16, staff seeks council approval to implement a defined list of Capital Improvement Program (CIP) Tree Canopy Replacement projects that may be, on average, more than 10% greater than the Tree Replacement Fee in the Master Fees and Charges Schedule. STAFF RECOMMENDATION / ACTION REQUEST Approve the attached list of CIP Tree Canopy Replacement Projects. KEY FACTS AND INFORMATION SUMMARY Resolution 11 -16 requires council approval to implement the CIP Tree Canopy Replacement project list in Attachment 1 because the estimated average cost to plant and provide 3 years of maintenance between all projects (approximately $200 per caliper inch) is in excess of 10% greater than the Tree Replacement Fee in the Master Fees and Charges Schedule ($137.50 per caliper inch). Council considered and discussed a larger list of projects on June 14, 2011 and July 12, 2011 and gave preliminary approval for the more focused project list in Attachment 1. Projects proposed within ODOT interchanges on Highway 217 were removed from the larger list. Council also provided direction to staff to focus on design quality rather than quantity of trees when implementing the remaining projects. Finally, council directed staff to include other projects that combine design and tree canopy elements such parking lot retrofits as part of CIP Tree Canopy Replacement projects in upcoming years. OTHER ALTERNATIVES Council's option is to delete or amend any of the projects from the attached CIP Tree Canopy Replacement project list. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS • Council Goal 1: Implement the Comprehensive Plan - Update the Tree Code • Comprehensive Plan Goal 2: Urban Forest Section • Tigard Urban Forestry Master Plan • Tigard Capital Improvement Plan DATES OF PREVIOUS COUNCIL CONSIDERATION • June 14, 2011 - Council adoption of the Tree Canopy Replacement Program in the FY12-16 Capital Improvement Plan • June 14, 2011 - Council adoption of a limited set of tree planting projects for FY12 and request to discuss potential additional projects for FY12 and beyond • July 12, 2011 - Council discussion of additional projects for FY12 and beyond, and preliminary approval of the tree planting projects in Attachment 1 Fiscal Impact Cost: $150,000 Budgeted (yes or no): Yes Where Budgeted (department /program): Community Development Additional Fiscal Notes: These projects are a continuation of the city's ongoing tree canopy replacement program and funding is included in the Approved FY12 Budget and Approved FY12 -16 Capital Improvement Program. Urban Forestry funds can only be used to mitigate for canopy loss. Attachments Resolution Attachment for Resolution - Project List AIS -628 Item #: '14:-A., Business Meeting Date: 08/09/2011 Length (in minutes): Consent Item Agenda Title: Receive and File: Three -month Council Calendar and Tentative Agenda Submitted By: Carol Krager City Management Item Type: Receive and File Meeting Type: Consent Agenda - Approve Minutes ISSUE N/A STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY N/A OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Council Calendar Tentative Agenda Agenda Item No 4.A For Agenda of August 9, 2011 • UI MEMORANDUM T I GARD TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three -Month Council Meeting Calendar DATE: August 5, 2011 Regularly scheduled Council meetings are marked with an asterisk ( *). August 9* Tuesday Council Business Meeting — 6:30 p.m., Town Hall 16* Tuesday Council Special Meeting — 6:30 p.m., Red Rock Creek Conference Room 23* Tuesday Council Business Meeting — 6:30 p.m., Town Hall September 13* Tuesday Council Business Meeting — 6:30 p.m., Town Hall 20* Tuesday Council Workshop Meeting — 6:30 p.m., Town Hall 27* Tuesday Council Business Meeting — 6:30 p.m., Town Hall October 11* Tuesday Council Business Meeting — 6:30 p.m., Town Hall 18* Tuesday Council Workshop Meeting — 6:30 p.m., Town Hall 25* Tuesday Council Business Meeting — 6:30 p.m., Town Hall I: \ADM \City Council \Council Calendar \3 -month calendar for c mtg I10809.doc Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full IN Workshop Meeting ❑ City Council Tentative Agenda 8/5/2011 10:01 AM Form Meeting Submitted Meeting Inbox or # Date By Type Title Department Finalized 395 08/09/2011 Carol Krager AAA Business Meeting I _ I 560 08/09/2011 Sean ACCSTUDY 30 Minutes - Executive Session: CCDA /CCAC Real Estate Community 07/27/2011 Farrelly Discussion Development Total Time: 30 of 45 Minutes Scheduled 1 II 590 08/09/2011 Joseph ACONSENT Consent Item - Award Contract for Citywide Grounds Financial and 07/21/2011 Barrett Maintenance to Portland Habilitation Center Information Services 596 08/09/2011 Joseph ACONSENT Consent Item - Award Contract for the Greenfield Drive & Financial and Newton L, Asst Barrett 130th Place Storm Drain Pipe Repair Project to the Mocon Information City Manager Corporation Services 602 08/09/2011 Todd Prager ACONSENT Consent Item - Approve FY 2011 -12 Capital Improvement Community Newton L, Asst I Program (CIP) Tree Canopy Replacement Project List Development City Manager I II 526 08/09/2011 Kent Wyatt CCBSNS 15 Minutes - Review of 2011 Oregon Legislative Session Administrative 06/08/2011 and Analysis of Adopted Legislation Supporting City Services Council's Priorities - 1 463 08/09/2011 Ted Kyle CCBSNS 5 Minutes - Capital Improvement Plan Briefing on the Public Works 07/28/2011 Pacific Highway /Gaarde Street /McDonald Street Intersection Improvement Project 533 08/09/2011 Susan CCBSNS 20 Minutes - Public Hearing to Consider Tigard Municipal Community Newton L, Asst I Hartnett Code Amendments on Administrative Rule Making Development City Manager Total Time: 40 of 110 Minutes Scheduled II 396 08/16/2011 Carol Krager AAA Special Meeting - (8 Laptops needed during Executive Session - 5 cc, SZ, CW, Consultant) 1 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 8/5/201110:01 AM I II 598 08/16/2011 Cathy CCSPEC 60 Minutes - Executive Session: Discuss Finalists for City 07/08/2011 Wheatley Manager Recruitment L II 398 08/23/2011 Carol Krager AAA Business Meeting I II 514 08/23/2011 John ACCSTUDY 10 Minutes - Discuss Amendments to TMC Chapter 12, Public Works Gaston G, Conf I Goodrich Water and Sewer Executive Asst • 531 08/23/2011 Susan ACCSTUDY 20 Minutes - Discuss Code Compliance Related Municipal Community Hartnett S, Asst I Hartnett Code Amendments Development CD Director 584 08/23/2011 Greer ACCSTUDY 10 Minutes - Executive Session on Real Property Public Works 07/19/2011 Gaston Transactions - Park Acquisition Properties Total Time: 40 of 45 Minutes Scheduled 1... II 614 08/23/2011 Steve Martin ACONSENT Consent Item - Appoint David Brown as a Voting Member Public Works Gaston G, Conf of the Park and Recreation Advisory Board Executive Asst 621 08/23/2011 Joseph ACONSENT Consent Item - Approve Purchase of Four Dodge Chargers Financial and Barrett J, Sr Barrett and Two Chevrolet Tahoes for Police Fleet Information Mgmt Analyst - Services Finance II 527 08/23/2011 Ron Bunch CCBSNS 60 Minutes - 1 River Terrace Annexation Public Hearing Community Caines C, Assoc I Development Planner 595 08/23/2011 Greer CCBSNS 10 Minutes - 2 Consider Three Intergovernmental Public Works Gaston G, Conf I Gaston Agreements Related to the River Terrace Annexation Executive Asst 567 08/23/2011 Kent Wyatt CCBSNS 25 Minutes - Discuss Strategies for Communicating City Management Wyatt K, Tigard's Federal Legislative Priorities Management Analyst Total Time: 95 of 110 Minutes Scheduled 2 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 8/5/201110:01 AM II 399 09/13/2011 Carol Krager AAA Business Meeting t _ I 554 09/13/2011 Kent Wyatt ACCSTUDY 20 Minutes - Review and Discuss Topic Areas for 2011 City Management 06/17/2011 Community Attitudes Survey Total Time: 20 of 45 Minutes Scheduled I. - II 222 09/13/2011 Susan CCBSNS 45 Minutes - Public Hearing - Amend the Tigard Municipal Community Hartnett S, Asst Hartnett Code Abatement Regulations Related to Code Compliance Development CD Director and Amend 2011 -12 Master Fee Schedule _ 357 09/13/2011 John CCBSNS 15 Minutes - Consider Amending Tigard Municipal Code Public Works Gaston G, Conf I Goodrich Chapter 12, Water and Sewers Executive Asst 591 09/13/2011 Cheryl CCBSNS 50 Minutes - Fields - Wall Street Extension Comprehensive Community Hartnett 5, Asst I Caines Plan Amendment (placeholder) Development CD Director 593 09/13/2011 Joseph CCBSNS 20 Minutes - Public Hearing to Adopt Revisions to Tigard's Financial and Barrett J, Sr Barrett Public Contracting Rules Information Mgmt Analyst - Services Finance 623 09/13/2011 Joseph CCBSNS 10 Minutes - Public Hearing to Amend the Tigard Municipal Financial and Barrett J, Sr Barrett Code to Remain Consistent with the Public Contracting Information Mgmt Analyst - Rules Services Finance II 400 09/20/2011 Carol Krager AAA Workshop Meeting II 417 09/20/2011 Greer CCWKSHOP45 Minutes - Annual Joint Meeting with the Park and Public Works Martin 5, Parks I Gaston Recreation Advisory Board Manager 618 09/20/2011 Liz Lutz CCWKSHOP 30 Minutes - Budget Committee Meeting Financial and 07/28/2011 Information Services 3 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 8/5/201110:01 AM 586 09/20/2011 Darren CCWKSHOP 30 Minutes - Update on the 2010 Census Data Release Community Hartnett S, Asst I Wyss Development CD Director 622 09/20/2011 Greer CCWKSHOP 15 Minutes - Sustainability Discussion Public Works Wright, M., PW Gaston Business Manager Total Time: 120 of 180 Minutes Scheduled II 401 09/27/2011 Carol Krager AAA Business Meeting II 610 09/27/2011 John CCBSNS 15 Minutes - Approve Ordinance to amend TMC Title 11 - Public Works Not in routing I Goodrich Health and Safety - Solid Waste Management 611 09/27/2011 John CCBSNS 15 Minutes - Approve Ordinance to amend TMC Title 9 - Public Works Not in routing I Goodrich Parks Code Revisions pertaining to administrative rules 617 09/27/2011 Ted Kyle CCBSNS 15 Minutes - Update on the Capital Improvement Program Public Works Gaston G, Conf I Projects Executive Asst If Total Time: 45 of 110 Minutes Scheduled 402 10/11/2011 Carol Krager AAA Business Meeting 620 10/11/2011 Carissa CCBSNS 15 Minutes - Supplemental Appropriation To Amend The FY Financial and Collins C, Sr Collins 2012 Adopted Budget Information Mgmt Analyst (Fin Services Adm) Total Time: 15 of 110 Minutes Scheduled 403 10/18/2011 Carol Krager AAA Workshop Meeting 325 10/18/2011 Judith Gray CCWKSHOP 30 Minutes - HCT Land Use Plan Update Community Development 373 10/18/2011 Joanne CCWKSHOP 10 Minutes - 3rd Quarter Update to 2011 Council Goals City Management Bengtson 3, Exec Bengtson Asst to City Mgr 4 Key: Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 8/5/201110:01 AM 615 10/18/2011 Ted Kyle CCWKSHOP 30 Minutes - Discuss Fanno Creek Slope Stabilization -- Public Works Gaston G, Conf I Design -Build Contracting Executive Asst 616 10/18/2011 Ted Kyle CCWKSHOP 20 Minutes - Discuss Pavement Management Report and Public Works Gaston G, Conf Update 2011 Paving Executive Asst Total Time: 90 of 180 Minutes Scheduled II 404 10/25/2011 Carol Krager AAA Business Meeting I II 405 11/08/2011 Carol Krager AAA Business Meeting 612 11/08/2011 John CCBSNS 15 Minutes - Amend the TMC regarding Code revisions for Public Works Not in routing Goodrich Title 12 - Water and Sewer, Chapters 12.02, 12.03, and 12.10 Total Time: 15 of 110 Minutes Scheduled 406 11/15/2011 Carol Krager AAA Workshop Meeting II 407 11/22/2011 Carol Krager AAA Business Meeting II 555 11/22/2011 Kent Wyatt CCBSNS 30 Minutes - Receive and discuss findings from the 2011 Administrative Wyatt K, Community Attitudes Survey Services Management Analyst Total Time: 30 of 110 Minutes Scheduled 5 < � AIS -526 Item Business Meeting Date: 08/09/2011 Length (in minutes): 15 Minutes Agenda Title: Review of 2011 Oregon Legislative Session and Analysis of Adopted Legislation Supporting City Council's Priorities Prepared For: Kent Wyatt Submitted By: Kent Wyatt City Management Item Type: Update. Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE To what extent does adopted legislation address the City Council's four legislative priorities? STAFF RECOMMENDATION / ACTION REQUEST Review pertinent legislation and discuss potential impact on city services. KEY FACTS AND INFORMATION SUMMARY The City Council developed four legislative priorities for the 2011 Oregon Legislative Session. Staff will discuss bills promulgated during the session that address Council priorities and other city functions. In particular, staff will review the status of HB 2700 Removal Fill Permitting, SB 342 Modifies WCGF Program's Permissible Uses of Money, SJR 26 Kicker Reform, and SB 795 5 Year Prohibition of TPR by DLCD. Following this review, staff will outline key activities taking place in between the legislative sessions. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Work with state and regional partners to modify the Transportation Planning Rule. Work with partners on urbanization policy issues. Continue Coordination with Lake Oswego on Water Partnership. Work with partners on long -range solutions to statewide structural problems. Continue to support the Legislature in addressing the financial needs of state and local governments in Oregon DATES OF PREVIOUS COUNCIL CONSIDERATION October 12, 2010 November 9, 2010 Februrary 22, 2011 April 26, 2011 May 10, 2011 Attachments Tigard Legislative Priorities Review of 2011 Legislative Session ' CITY I OF TIGARD STATE OF OREGON s • 2011 STATE LEGISLATIVE AGENDA ;,- ' TIGARD 5 1859 POPULATION: 47,700 STATE'S 12 LARGEST CITY HOME TO 3,355 BUSINESSES For the 2011 Oregon Legislative Session, the City of Tigard has identified the following legislative priorities: ✓ Transportation Planning Rule — Community Development: Continue efforts to resolve the conflicts between the TPR KEY POINTS Transportation Planning Rule and other statewide land use Prevents efficient land use inside UGB Regional & Town Centers. planning goals by changes to Oregon Department of Transportation /Department of Land Conservation and % Conflicts with State land use planning goals & Metro 2040 Development procedures and rules, or by legislative action. plan. ✓ Transportation Planning Rule - Transportation: Resolve the Problems with using existing method of volume -to- capacity disconnect between the TPR and other statewide land use ratios. planning goals. Tigard is committed to achieving mobility needs while meeting the ✓ State Shared Revenue: Maintain and strengthen the state's region's goals & aspirations. historic commitment to the State Shared Revenue funding formula. ✓ Telecommunications Preemptions: Address tax equity issues in the context of state telecommunications laws including removing existing preemptions that have lead to declining revenues. Other Issues of Interest • Seek additional funding, efficiencies and program support for multi -modal transit and rail projects. • Support an urban growth boundary agenda that would provide for a more efficient urban growth management system. • Allow local governments a more flexible use of transient lodging tax to meet the increased demands placed both on essential services and infrastructure created by tourism activities. • Lake Oswego /Tigard Water Partnership Removal Fill Process — Amend language to assure municipal providers of linear facilities that taxpayer dollars are not spent to acquire land until after it is determined that a permit will be issued. www.tigard- or.gov 13125 SW Hall Boulevard 503.639.4171 u CITY OF TIGARD - REVIEW OF 2011 STATE LEGISLATIVE SESSION III TIGARD Of the more than 3,000 bills introduced in the 2011 legislative session, only 807 bills were approved by the House and Senate. This is lowest number in more than a decade. Impact of Legislative Session on Tigard Tigard City Council 2011 State Legislative Priorities ✓ Utility projects, such as the Lake Oswego /Tigard Water Partnership, were granted the right to apply for a state removal-fill permit, before ➢ TPR — CD: Continue efforts purchasing land. to resolve the conflicts between the TPR and other ✓ Access management standards were revised to further curtail the statewide land use planning numerous state regulations that restrict highway access. goals by changes to procedures and rules, or by ✓ Recreational immunity was extended to property owners who allow legislative action. the use of trails on their land for transportation purposes. A city can "opt in" by adopting an ordinance or resolution. ➢TPR — Transportation ✓ Local governments gained authorization to reducing speed limits on Resolve disconnect between low - volume, low -speed neighborhood streets. PR and other statewide land use planning goals. ✓ Cell phone use while driving is now permitted only for police officers, tow truck drivers, utility workers and a few other drivers "acting ➢ State Shared Revenue: within the scope" of their employment. Maintain and strengthen the state's historic commitment ✓ Future "kicker" rebates will be a credit against next year's taxes. to the State Shared Revenue funding formula. ✓ Legislators developed a framework for conditions under which new or extended city street or county road may be developed on land ➢ Telecommunications designated as urban reserve. Preemptions: Address tax equity issues in the context • Under the new redistricting bill, Tigard will continue to be of state telecom laws represented by House District 35 (Rep. Doherty) and Senate District including removing existing 18 (Sen. Burdick). preemptions that have led to declining revenues. ✓ Residential and commercial solar energy systems that meet certain requirements will be exempt from land use restrictions and fees. ✓ Cities gained increased flexibility in giving preference to goods and services produced in Oregon as long as the cost is not greater than 10 percent more than what they'd usually pay. ✓ Under the new Bottle Bill, Oregonians soon will be able to collect a dime for recycling plastic bottles, up from the previous five -cent deposit. Looking Ahead to the 2012 Session The short 2012 session is scheduled to run from February 1 to March 6. Legislators are limited to introducing two bills per member, five per committee. Ci Council Meeting August 9, 2011 AIS -463 Item ffN6. Business Meeting Date: 08/09/2011 Length (in minutes): 5 Minutes Agenda Title: Capital Improvement Plan Briefing on the Pacific Highway /Gaarde Street/McDonald Street Intersection Improvement Project Prepared For: Ted Kyle Submitted By: Ted Kyle Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE The council will be briefed on the the Pacific Highway /Gaarde Street/McDonald Street intersection improvement project. STAFF RECOMMENDATION / ACTION REQUEST No council action is requested; the council is asked to listen to the briefing. KEY FACTS AND INFORMATION SUMMARY • The City is working with the Oregon Department of Transportation (ODOT) to develop conceptual plans to improve the Pacific Highway /Gaarde Street/McDonald Street intersection. • ODOT has quantified the existing traffic volumes and developed several possible intersection designs. The agency is at the midpoint in the conceptual design process. • During this short presentation, staff will present two (of several) intersection designs to the council. • Staff will present all the intersection designs to the public for discussion and comment at an open house on Monday, August 15 at the Tigard Public Library community room from 5 to 7 p.m. The open house was publicized in the August edition of Cityscape and on the city's web site. The public can also comment on the designs at an upcoming Transportation Advisory Committee meeting. • Design concepts may be added or amended based upon the public comments we receive. All design concepts will be presented to the council at an upcoming meeting. OTHER ALTERNATIVES Not applicable COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2011 Tigard City Council Goal No. 1 - "Implement Comprehensive Plan." This project implements the Comprehensive Plan by providing traffic capacity and safety improvements. DATES OF PREVIOUS COUNCIL CONSIDERATION The council receives regular briefings on CIP projects. The last briefing was in June 2011. Fiscal Impact Cost: $327,871 Budgeted (yes or no): Yes Where Budgeted (department /program): Street Division CIP Additional Fiscal Notes: ODOT's current work is paid by state highway funds. The city budgeted $327,871 for this project in the FY 2011 -2012 CIP. Once future project costs are determined, city funds will be used to cover Tigard's share of the design work. Any remaining funds would be used for construction. 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' . -'),#, .N1 i , ' • ` '• Iii 1 r 1 , _ , . * • +t • 4 141._ ar..' - -. a _ , - TO SCALE CONCEPT CONCEPT F: REALIGNED EAST /WEST ROADWAYS _ q tg AIS -533 Item #:— Business Meeting Date: 08/09/2011 Length (in minutes): 20 Minutes Agenda Title: Public Hearing to Consider Tigard Municipal Code Amendments on Administrative Rule Making Submitted By: Susan Hartnett Community Development Item Type: Public Hearing - Legislative Meeting Type: Council Business Meeting - Main ISSUE Shall council approve amendments to the Tigard Municipal Code to authorize, define and limit the use of administrative rules and to define a process for administrative rule- making? STAFF RECOMMENDATION / ACTION REQUEST Approve the attached ordinance amending the Tigard Municipal Code. KEY FACTS AND INFORMATION SUMMARY Currently, the Tigard Municipal Code (TMC) contains several references to administrative rules but lacks a definition and other key elements including administrative rule - making authority, procedures for their creation and amendment, and a clear process for appeals by the public. In addition, many sections of the TMC codify aspects of a department's activities that need to change over time as program objectives, technology and operations shift. Because this requires a public hearing to amend the TMC, these regulations can become stale and administration of the program can become more cumbersome. Administrative rules provide an alternative to the Tigard Municipal Code for creation of regulations and procedures that are capable of being enforced. In the past, the City Council has seen the value of this tool and included it in several specific areas of the TMC, for example, Title 9 - Parks and Title 11 - Solid Waste Management. However, the current administrative rules are not broadly useful because of variations in language, lack of procedures and no designated central authority. Council is requested to amend the TMC to include a definition of administrative rules and other key elements as described above. This would make it possible to utilize administrative rules to incorporate several code amendments currently underway into the TMC. At the July 19 Workshop meeting, the City Council reviewed a draft package of TMC amendments that authorize, define and limit the use of administrative rules and define a process for administrative rule - making. At the conclusion of the discussion, council directed staff to proceed to a public hearing on the draft amendments. Attachment 1 provides an ordinance adopting the TMC amendments. Exhibit A (attachment 2) includes the specific text amendments to Title 2 - City Manager, which define and limit the use of administrative rules as well as define the procedural steps for their creation and amendment as well as the process for appeal. The Exhibit also includes amendments to Title 9 - Parks and Title 11 - Solid Waste Management to conform the two existing sections that reference administrative rules to the language being adopted in Title 2. Based on the council's direction, staff also preformed an electronic search of the TMC to identify any other sections that reference administrative rules and that would need to be amended. No other sections were identified. OTHER ALTERNATIVES Council may choose to: • Not approve the ordinance amending the Tigard Municipal Code • Direct that the proposed administrative rules be revised (Exhibit A) and subsequently approve the ordinance COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS NA DATES OF PREVIOUS COUNCIL CONSIDERATION July 19, 2011 Attachments Attachment 1 - Ordinance Attachment 2 - Exhibit A AgendaQuick©2005 - 2011 Destiny Software Inc., All Rights Reserved r i'nq was con-i-) ue a hp 8p.3/0// CITY OF TIGARD, OREGON � TIGARD CITY COUNCIL l 1 ORDINANCE NO. 11- 1 ,/ �� D AN ORDINANCE AMENDING TITLE 2 OF THE TIGARD MUNICIPAL CODE AUTHORIZING THE USE OF ADMINISTRATIVE RULES AND DEFINING THE PROCEDURES FOR ADMINISTRATIVE RULEMAKING AND AMENDING EXISTING SECTIONS IN TITLE 9 AND TITLE 11 TO BE CONSISTENT. WHEREAS, the Tigard Municipal Code contains several references to administrative rules but lacks a definition of administrative rules and other key elements including administrative rulemaking authority, procedures for their creation and amendment, and a clear process for appeals by the public; and WHEREAS, many sections of the Tigard Municipal Code codify aspects of a department's activities that need to change over time as program objectives, technology and operations shift and because a public hearing is required to amend the Tigard Municipal Code, these regulations can become stale and administration of the program can become more cumbersome; and WHEREAS, administrative rules provide an alternative to the Tigard Municipal Code for creation of regulations and procedures that have the force of law; and WHEREAS, in the past, the city council has seen the value of administrative rules and authorized their use in several specific areas of the Tigard Municipal Code; and WHEREAS, the city council reaffirms the use of administrative rules as a valuable tools for the City of Tigard and desires to clarify and centralize the authority to use administrative rules, the definition of administrative rules and the procedure for administrative rulemaking, including an appeal process; and WHEREAS, the city council desires existing sections of the Tigard Municipal Code that refer to administrative rules to be consistent with the new text. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Title 2, Title 9 and Title 11 of the Tigard Municipal Code are amended as shown in Exhibit A; text to be deleted is shown in strikethtettgli and text to be added is shown in underline. SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor, and posting by the city recorder. ORDINANCE No.11- Page 1 PASSED: By vote of all council members present after being read by number and title only, this day of , 2011. City Recorder APPROVED: By Tigard City Council this day of , 2011. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE No. 11- Page 2 EXHIBIT A - AMENDMENTS TO TIGARD MUNICIPAL CODE Text to be deleted is shown in stfilcthreugh and test to be added is shown in underline. Chapter 2.04 CITY MANAGER. procedure or practice requirements of any city department. Sections: 2.04.060 Administrative Rulemaking 2.04.010 Office Established. Authority. 2.04.020 Appointment And Removal. 2.04.030 Salary. (1) The Tigard City Council hereby 2.04.040 Duties. authorizes, and establishes the process for, 2.04.050 Administrative Rulemaking — administrative rulemaking consistent with this Definition — Purpose. section. 2.04.060 Administrative Rulemaking — Authority. (2) Administrative rules adopted pursuant 2.04.070 Administrative Rulemaking - to the administrative rulemaking procedures in - Procedure. this section have the full weight and effect of law. (2.04.010 to 2.04.040 — No changes) (3) This section provides the authority 2.04.050 Administrative Rulemaking - and process applicable to administrative Definition — Purpose. rulemaking by the city manager, but does not directly enable to the city manager to engage in (1) Administrative Rulemaking means the administrative rulemaking. Authority to engage drafting, adoption, and amendment of in administrative rulemaking pursuant to the administrative rules, pursuant to and consistent procedures in this section shall be enabled by with the provisions of this section. separate provision of the Tigard Municipal Code. (2) The purpose of administrative rulemaking is to ensure that standards and (4) The scope of administrative procedures by which the departments of the rulemaking shall be limited by the terms of the City of Tigard operate are made available and enabling provision. accessible to the public in written form, upon direction by council. Administrative (5) All administrative rules shall be rulemaking also establishes a process by which consistent with the Tigard Municipal Code. the public can be involved in the process of developing department standards and 2.04.070 Administrative Rulemaking -- procedures through engaging in public Procedure. comment. (1) Prior to the adoption or amendment (3) Administrative rule means a written of an administrative rule the city manager or directive, standard, regulation or statement of designee will follow the provisions as described general applicability that is established through in this section. administrative rulemaking and implements, interprets or prescribes law, or describes the EXHIBIT A - AMENDMENTS TO TIGARD MUNICIPAL CODE Text to be deleted is shown in strike and test to be added is shown in underline. (a) Provide notification to council of or designee unless a written protest is the proposed administrative rule or received by the City Manager or designee. amendment prior to public notification. During the fourteen day review period, any (g) If written protest of the council member may put the subject on the proposed administrative rule is received by discussion agenda for the next available the city manager or designee on or before council meeting for council consideration the 14th day after approval, the city or action. manager or designee shall refer the administrative rule to the city council for a (b) Publish a notice in a newspaper public hearing. The council may direct the of general circulation in the city. The notice city manager to approve, modify or reject must be published not less than fourteen the administrative rule. The council's (14) days before the deadline for receipt of decision on the contents of the proposed comments. administrative rule shall be binding on the city manager. (c) The notice shall provide a brief description of the subject(s) covered (2) All administrative rules must be filed by the proposed administrative rule; the in the office of the city recorder. final date for acceptance of written comments; the location to submit comments and the location where copies of the full set of the proposed rules may be obtained. (d) The city manager or designee will receive written comments regarding the proposed administrative rule. The city manager or designee will take into consideration the written comments received and may either approve, modify or reject the proposed administrative rule. (e) If a substantial modification is made to the proposed administrative rule, the city manager or designee may approve the modification, or provide additional public comments prior to approval. (f) Unless otherwise stated, all administrative rules will be effective on the 14th day after approval by the city manager EXHIBIT A - AMENDMENTS TO TIGARD MUNICIPAL CODE Text to be deleted is shown in strilcthrough and test to be added is shown in underline. Chapter 9.04 GENERAL PROVISIONS. takes place, or special handling is required, to recover associated costs; Sections: (4) Coordinate the public use of park 9.04.005 Adoption of Administrative facilities with maintenance, construction and Rules and Supplemental other activities. (Ord. 10 -09 § 1, 2010; Ord. 92- Regulat-iefis. 33 §1(Exh. A)(part), 1992: Ord. 83 -55 §1(part), 9.04.010 Purpose. 1983: Ord. 78 -13 §1, 1978). 9.04.020 Facility Reservation. 9.04.040 Refund Of Fees And Change (9.04.020 to 9.05.060 — No changes) In Reservation. 9.04.050 Repealed By Ord. 92 -33. 9.04.060 Waiver Of Fees. 9.04.005 Adoption of Administrative Rules and Supplemental Regulations. The C—city Mmanager, or designee, has theis authorizedty to adopt and amend administrative rules and supplemental regulations— related to the provisions of park facility reservations and consistent with the provisions of this section. (Ord. 10 -09 § 1, 2010). Such rules shall be adopted pursuant to TMC 2.04. 9.04.010 Purpose. The purposes of these park facilities reservation rules ategttlatiefts-are to: (1) Facilitate maximum use of public facilities by the citizens of Tigard; (2) Coordinate the use of park facilities, thus assuring maximum opportunity for use through the convenience of advance reservations; (3) Provide for use of park facilities by the citizens of Tigard, but where exclusive use EXHIBIT A - AMENDMENTS TO TIGARD MUNICIPAL CODE Text to be deleted is shown in strilcthrough and test to be added is shown in underline. Chapter 11.04 SOLID WASTE MANAGEMENT. (11.04.010 to 11.04.150 — No Changes) 11.04.010 Title For Citation. 11.04.155 Business Recycling 11.04.020 Purpose, Policy And Scope Requirement. Of Chapter Provisions. 11.04.030 Definitions. Unless otherwise exempt, all Businesses 11.04.040 Franchise -- Granted To and Business Recycling Service Customers shall Certain Persons - -Scope Of comply with the Business Recycling Regulations. Requirement Performance Standard set forth in 11.04.050 Franchise -- Term -- Automatic Metro Regional Government Code Section Renewal When. 5.10.330 and the administrative rules and 11.04.060 Franchise - -Fees. rupplcmcntal regulations adopted pursuant to 11.04.065 Franchises Records. rulcmaking authority sct forth in TMC 11.04.070 Responsibility Of Franchisee. 11.04.165. (Ord. 09 -05 §1) 11.04.080 Franchise -- Transfer, Suspension, Modification Or 11.04.160 Rules And Regulations Revocation -- Conditions. Applicable to Franchisees. 11.04.090 Rates For Service. 11.04.100 Container Requirements And The Ecity Mmanager or designee may Collection Limitations. propose and prepare rules and regulations 11.04.105 Stationary Solid Waste applicable to franchisees that pertain to this Compactors. chapter. The rules and regulations shall be 11.04.110 Offensive Wastes Prohibited. printed or typewritten, and be maintained for 11.04.120 Unauthorized Deposits inspection in the office of the €city l ecorder. Prohibited. All proposed rules and regulations promulgated 11.04.130 Interruption Of Franchisees under the authority of this section, and all Service. amendments thereto, shall be immediately 11.04.140 Termination Of Service By forwarded to the franchisee operating under Franchisee. this chapter for response. The franchisee shall 11.04.150 Subcontracts. have thirty days to respond in writing to such 11.04.155 Business Recycling proposed rules and regulations. If the Requirement. franchisee has objections or revisions to the 11.04.160 Rules And Regulations proposed rules, the franchisee shall meet and Applicable to Franchisees. confer with the €city Mmanager regarding the 11.04.165 Administrative Rules-And franchisees concerns. If the concerns are not Regulations Applicable To resolved through consultation with the €city Business Pursuant To Mmanager, then the €city Mmanager shall Business Recycling forward the proposed rule, with the franchisees Requirement. comments, to the Ecity €council for its 11.04.170 Enforcement. consideration. The franchisee may request that 11.04.180 Penalty. the €city €council hold a public hearing on a EXHIBIT A - AMENDMENTS TO TIGARD MUNICIPAL CODE Text to be deleted is shown in striket r ugh and test to be added is shown in underline. proposed rule. The €council may approve the of general circulation in the City. The notice proposed rule as submitted, modify the rule, or must be published not less than 14 days before reject the rule. The €city Mmanager shall enact the deadline for receipt of comments. The all rules pursuant to this subsection by written order. (Ord. 09 -05 §1; Ord. 03 -08, Ord. 91 -36 subjects covered by the proposed rule; the final §1 Exh. A (part), 1991: Ord. 78 -64 §14, 1978). date for acceptance of written comments; the 11.04.165 AdministrativeRules And where copies of the full set of the proposed Regulations-Applicable To rules may be obtained. Businesses Pursuant To Business Recycling Requirement. receive written comments regarding the proposed rules. The Director will take into 1. Adoption of Administrative Rules -ate .:: and may either adopt, modify—or—reject the proposed rule. a. The €city manager or designee is Council has the authorizedty to adopt the initial c. If a substantial modification is administrative rules and supplemental made to the proposed rule, the Public Works regulations—related to the provisions of the Director may adopt the modification as an Business Recycling Requirement. Such initial interim rule or provide additional public administrative rules and regulations shall be adopted- pursuant with the provisions of TMC 2.01by resolution. d. Unless otherwise stated, all rules will be effective on the 14th day after adoption b. The Public Works Director has by the Public Works Director unless a written the authority to adopt and amend the protest is received by the Director. administrative rules and Supplemental ... :. : c. If written protest of the proposed rule-is-reeeived by the Public Works Director Works- Director has the authority to administer on or before the fourteenth day after adoption, the City Council or by the Public Works `'. ' .. .: .. .. adopt, modify or reject the rule. The Council's adopted by City Council will be adopted decision on the contents of the proposed rule according to the procedures in this section. shall be final and effective upon passage. 2. Permanent Rules. Prior to the 3. Interim Rules. adoption of a permanent rule, the Public Works Director will: a. Interim rules will be effective for a period of not longer than 180 days. a. Publish a notice in a newspaper EXHIBIT A - AMENDMENTS TO TIGARD MUNICIPAL CODE Text to be deleted is shown in strilcthrough and test to be added is shown in underline. b. Not more than 30 days after adoption-of an interim rule, public notice of the interim rule mu3t be published in a newspaper of general circulation in the City. Such notice must identify the location at which copies of the full set of the interim rules may be obtained. 4. All permanent and interim rules must be filed in the office of the Public Works Director. (Ord. 09 05 §1) (11.04.170 to 11.04.180 — No Changes) AGENDA ITEM No. 7. Date: August 9, 2011 TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING: TIGARD MUNICIPAL CODE AMENDMENTS ON ADMINISTRATIVE RULEMAKING This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints There is a Five - minute Time Limit on Testimony Henri n9 (wiJ jstua to tIa3J, UJ AGENDA ITEM No.'1 August 9, 2011 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. ....-- 4 oio 1 Name, Address & Phone No. ame, Address & Phone No. Name, Address & Phone No. bod Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM NO. `3,-C CITIZEN COMMUNICATION DATE: August 9, 2011 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also please spell your name as it sounds, if it will help the presiding officer pronounce: Address O > City a State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION 1.11N, .1 41 . . TIGARD City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of the CCDA Meeting August 9, 2011 STATE OF OREGON) County of Washington) ss. City of Tigard ) I, ( 44 (9-(4 . jrA 2 1r' , being first duly sworn (or affirmed), by oath (or affirmation depose and say: : p Y That I notified the following organization by fax : T Newsroom, Tigard Times and the following people /organizations by e -mail: B' Eric Florip, The Oregonian (ericfloripanews.oregonian.com) 2' Listings, The Oregonian (Listings(a,news.oregonian.com) • Editor, The Regal Courier (Editor(aitheregalcourier.com) d Geoff Pursinger, Tigard Times(gpursinger @commnewspapers.com) A copy of said Notice being hereto attached and by reference made a part hereof, on the I s j. day ofALtl. .2011. ,J ...00 i 4 Signatur who Perfo 1 01-d Notifi.:. . Subscribed and sworn (or affirmed) before me this day of — ' __ , 2011. L M • OFFICIAL SEAL Signature of Nota Public for Ore .n CATHERINE 0 MIHEATL EY r3 NOTARY PUBUC-0RE00N COMMISSION NO.419237 Y COMMISSION EXPIRES AUG. 04, 2011 11 • T I GARD City Council City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the CCDA Meeting on August 9, 2011 STATE OF OREGON) County of Washington) ss. City of T' d ) .1,j Oil !� & r � � f , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in > Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon > Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon > Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notice being hereto attached and by reference made a part hereof, on the / day of � S , 2011. J Signature of Person w i Performed otification Subscribed and sworn (or affirmed) before me this day • 1, , 2011. Signature of Notary Public for Orego AMR OFFICIAL SEAL r ` ;., CATHERINE D WHEATLEY NOTARY PUBLIC - OREGON COMMISSION NO. 419237 MY COMMISSION EXPIRES AUG. 04, 2011 TIGARD CITY CENTER DEVELOPMENT AGENCY MEETING — EXECUTIVE SESSION 1 51 AUGUST 9, 2011 6:30 pm TIGARD CITY HALL TIGARD 13125 SW HALL BLVD. TIGARD OR 97223 NOTICE The City Center Development Agency (CCDA) will have before it the following item for consideration at the City Council and City Center Development Agency Meeting at 6:30 p.m. on August 9, 2011: Executive Session called under ORS 192.660 (2) (e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions Please forward to: ❑ Eric Florip, The Oregonian (ericfloripaoregonian.com) ❑ Listings, The Oregonian (listings @oregonian.com) ❑ Editor, The Regal Courier (Editoratheregalcourier.com) ❑ Geoff Pursinger, Tigard Times( gpursinger acommnewspapers.com) ❑ Newsroom, The Times (Fax No. 503 - 546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503 - 718 -2419. /s/ Carol A. Krager Deputy City Recorder Date: August 1, 2011 Post: Tigard City Hall Tigard Permit Center Tigard Public Library ** Transmit Confirmation Report ** P.1 Aug 1 2011 10:OOam D.S.S Name /Fax No. Mode Start Time Page Result Note 5035460724 Normal 01,10:OOam 0'29" 1 * 0 K TIGARD CITY CENTER DEVELOPMENT AGENCY MEETING — EXECUTIVE SESSION r r AUGUST 2011 6 :30 pm • TIGARD cry HALL TIGARD 13125 SW H.A.L.L BLVD. TIGARD OR 97223 NOTICE The City Center Development Agency (CCDA) will have before it the following item for consideration at the City Council and City Center Development Agency Meeting at 6:30 p.m. on August 9, 2011: Executive Session called under ORS 192.660 (2) (e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions Please forward to: ❑ Eric Florip, The Oregonian (ericflorip(Frloregonian.com) ❑ Listings, The Oregonian ❑ Editor, The Regal Courier trw (± l ❑ Geoff Pursingez, Tigard Times(gpoingst coxumaewsp ners.com) ❑ Newsroom, The Times (Fax No. 503 -546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CODA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Catol Ktager by calking 503 - 718 -2419. -- ga46, X _A D uty City Recorder / Date: % e:90// Post Tigard City Hall Tigard Permit Center Tigard Public library