City Council Packet - 02/11/2014 III
TIGARD
City of Tigard
TIGARD CITY COUNCIL
BUSINESS MEETING
February 11, 2014
COUNCIL MEETING WILL BE TELEVISED
I:1Design&Communications\DonnalCity Councillccpktl
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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• City of Tigard
and
Tigard Business Meeting—Agenda
TIGARD
•
TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND TIME: February 11,2014- 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
Agenda revised on February 6,2014-Topic moved from the Study Session and added as Agenda Item
No. 9 to the business meeting agenda to "Consider Temporary Prohibition on Medical Marijuana
Dispensaries."
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 beard in any order Or 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 mee n .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 (1'DD -Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
VIEW LIVE VIDEO STREAMING ONLINE:
http://live.tigard-or.gov
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.
• City of Tigard
TIGARD Tigard Business Meeting—Agenda
•
TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND TIME: February 11,2014-6:30 p.m. Study Session;7:30 p.m.Business Meeting
MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223
Agenda revised on February 6,2014-Topic moved from the Study Session and added as Agenda Item
No. 9 to the business meeting agenda to "Consider Temporary Prohibition on Medical Marijuana
Dispensaries."
6:30 PM
•EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss labor
negotiations under ORS 192.660(2)(d).All discussions are confidential and those present may disclose
nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,
as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session
may be held for the purpose of taking any final action or making any final decision. Executive Sessions
are closed to the public.
•STUDY SESSION
7:30 PM
1. BUSINESS MEETING -FEBRUARY 11,2014
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) -7:35 p.m. - estimated time
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:
7:45 p.m. - estimated time
A. Approve City Council Meeting Minutes for:
1. November 26,2013
2. December 17,2013
B. Receive and File:
1. Council Calendar
2. Council Tentative Agenda for Future Meeting Topics
C. Adopt a Resolution Authorizing the Mayor to Execute an Intergovernmental Cooperative
Agreement Regarding an Emergency Water System Intertie
•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. PRESENTATION FROM COMMUNITY ACTION OF WASHINGTON COUNTY
7:50 p.m. - estimated time
5. LOCAL CONTRACT REVIEW BOARD: AWARD CONTRACT FOR THE MAIN STREET
SEWER/FANNO CREEK CROSSING ELIMINATION TO JEFF KERSEY
CONSTRUCTION
8:00 p.m. - estimated time
6. LOCAL CONTRACT REVIEW BOARD: AWARD CONTRACT FOR THE 2014
PAVEMENT MAINTENANCE PROGRAM OVERLAY DESIGN SERVICES TO
MURRAY,SMITH&ASSOCIATES, INC.
8:05 p.m. - estimated time
7. UPDATE ON THE SOUTHWEST CORRIDOR PLAN TIGARD PUBLIC
INVOLVEMENT OPPORTUNITIES
8:10 p.m. - estimated time
8. RENEW ANNEXATION INCENTIVES - RESOLUTION
8:30 p.m. - estimated time
9. CONSIDER TEMPORARY PROHIBITION ON MEDICAL MARIJUANA DISPENSARIES
- ORDINANCE
8:45 p.m.
10. COUNCIL LIAISON REPORTS
9:25 p.m. - estimated time
11. NON AGENDA ITEMS
A. Resolution Opposing Ballot Measure 34-210-Introduced by Council President Henderson
12. 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.
13. ADJOURNMENT
9:30 p.m. -estimated time
AGENDA ITEM NO. 2-D CITIZEN COMMUNICATION DATE: February 11, 2014
(Please keep remarks to around 2-5 minutes. If a large number of citizens have signed in,the Mayor may ask
that testimony be kept to around 2 minutes.)
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: Y I S C Ct U,,$)
Also,please spell your name as it sounds,if it will C
help the presiding officer pronounce: �QL
Address
City
State Zip
Phone No. SOS -9 ('c:-,
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
i
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Tigard High School Agenda February 11th 2014
9 9 9 rY
Ended the 1st semester well and right on in to the last half of the year!
Tigard High School events:
• T Town Showdown is tomorrow night against Tualatin
• Ink 5 Play is this weekend along with the THS Marching Band Competition
• Human Rights assembly tomorrow
• Wrestling Districts coming up
• Senior Citizens dance was cancelled and is being rescheduled
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Tigard Chamber Voter Pamphlet Statement on Measure 34-210
Tigard businesses need transit options!
Efficient transportation is the lifeblood of commerce. Without it,Tigard will be left behind
economically. 35-40 %growth is projected in the SW Corridor through 2035. Access to transportation
needs to increase with this growth to ensure a healthy business economy.
The majority of chamber businesses surveyed think:
- More ways for people to get to their business besides car will help their business
- A high capacity transit option outside of the 99W corridor will benefit their business and Tigard
- Increased car traffic will hurt their business
This measure is not in the best interest of business or our economy. Adding or widening roads will
displace/disrupt more Tigard businesses than a high capacity option and will reduce the business tax
base, affecting the future economic vitality of Tigard. This measure will eliminate Tigard from
discussions about road improvements and high capacity transit in the metro area, and severely decrease
federal and state funding for transportation improvements.
Reduce congestion and plan for growth. Tigard is geographically positioned as a transportation and
business hub in the metro area. More people live in and conduct business in Tigard than ever before,
causing significant traffic congestion. Understandably, residents cite congestion as their number one
area of concern associated with growth. This is not the time to force the City of Tigard to step away from
discussions about road improvements and high capacity transit. Doing so would destroy the city's ability
to strategically plan for inevitable population increases and leave Tigard behind economically.
Vote No on Measure 34-210. It's bad for business and bad for Tigard!
Tigard Area Chamber of Commerce
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City Council Update Feb 2014 be mo V a ha-'Y1
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Advocacy
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The Tigard Chamber would like to inform the Tigard City Council that the Tigard Chamber has taken a NO
position on Measure 34-210 what will be in the March 11th, 2014 special election. Additionally, we have taken
out a NO position statement in the Voter Pamphlet. A copy of our statement is attached to this document.
Chamber Events
Good Morning Tigard (GMT), Thursday A.M. Networking 7:30 a.m. -Weekly
Tigard Young Professionals
• After Hours— First Tuesday of each month 6-8 p.m.
• Breakfast of Champions, Education Series—4th Tuesday of each month 8-9 a.m.
Check our event calendar at http://business.tigardchamber.org/events/calendar/for locations and hosting companies
Other Chamber Events &Highlights
• Govt' & Public Policy Committee Meeting, 2nd Tues of Each Month 3:30—4:30 p.m., Symposium Huddle room
• Scholarships applications and award nominations for the 2014 Tigard Shining Stars are being accepted now.
Click the icons at the top of the Tigard chamber website for application/nomination forms
• 2/13/14 Multi Chamber Quick connections 7-9 a.m. Embassy Suites, Sponsor All Service Moving
• 2/26/14—Small Business Forum 7-9 a.m. Hosted by Tigard, Tualatin &Sherwood Chambers at Broadway Rose
Theatre. Learn tools and services available for your business. All businesses welcome, pre-registration required.
• 4/25/14—Tigard Shining Stars Community Awards Celebration—5:30—9 p.m.—Save the Date
For more information on the Tigard Chamber and these events go to www.tigardchamber.org and click on the
calendar icon.
Tigard Farmers Market Update
Tigard Farmers Market vendor meeting is 3/1/14 from 9-11 a.m. in the Public Works Community Room, rescheduled due
to snow this last weekend. New Vendors welcome. Learn more at www.tigardfarmersmarket.org
Downtown Updates
Downtown Tigard's 3'd Friday in February is next week 2/21/14.Check local merchants closer to that date for specials
and check the facebook page at www.facebook.com/exploredowntowntigard.
Interested in supporting the revitalization of Downtown Tigard?Then join us for the February Downtown Dialogue
hosted by the Tigard Downtown Alliance,Wed Feb 19th,4:30—6:30 p.m. Learn about City of Tigard Vision, SW
Corridor Project, what's going on in Downtown Tigard and more. All are invited to attend, will be held at Max's Fanno
Creek Brew Pub, 12562 SW Main Street.
Learn what there is to do in Downtown Tigard on Facebook at www.facebook.com/exploredowntowntigard and visit the
new website at www.exploredowntowntigard.com
TIGARD AREA
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AIS-1591 3. A.
Business Meeting
Meeting Date: 02/11/2014
Length (in minutes): Consent Item
Agenda Title: Approve City Council Meeting Minutes
Submitted By: Carol Krager, City Management
Item Type: Motion Requested Meeting Type: Consent
Agenda
Public Hearing: Publication Date:
Information
ISSUE
Approve City Council meeting minutes.
STAFF RECOMMENDATION / ACTION REQUEST
Approve minutes as submitted.
KEY FACTS AND INFORMATION SUMMARY
Attached council minutes are submitted for City Council approval. (Dates of meetings are
listed under "Attachments" below.)
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Attachments
November 26, 2013 Minutes
December 17,2013 Minutes
AIS-1657 3. B.
Business Meeting
Meeting Date: 02/11/2014
Length (in minutes): Consent Item
Agenda Title: Receive and File: Council Calendar and Council Tentative Agenda
Submitted By: Cathy Wheatley, Administrative
Services
Item Type: Receive and File Meeting Type: Consent -
Receive and
File
Public Hearing: No Publication Date:
Information
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 summary for information purposes.
KEY FACTS AND INFORMATION SUMMARY
Attached are the Council Calendar and the Tentative Agenda for future council meetings.
OTHER ALTERNATIVES
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A -Receive and File Items
Attachments
Three-Month Council Calendar
Upcoming Tentative Agenda Schedule
Agenda Item No.
For Agenda of February 11.2014
MEMORANDUM
TIGARD
TO: Honorable Mayor&City Council/City Center Development Agency Board
FROM: Cathy Wheatley,City Recorder
RE: Three-Month Council/CCDA Meeting Calendar
DATE: February 4,2014
February
4 Tuesday City Center Development Agency–6:30 p.m.,Town Hall
11* Tuesday Council Business Meeting-6:30 p.m.,Town Hall
17 Monday Presidents Day Observed–City Hall Offices Closed
18* Tuesday Council Workshop Meeting-6:30 p.m.,Town Hall
24* Tuesday Council Business Meeting-6:30 p.m.,Town Hall
March
4 Tuesday City Center Development Agency–6:30 p.m.,Town Hall
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
April
1 Tuesday City Center Development Agency–6:30 p.m.,Town Hall
8* Tuesday Council Business Meeting-6:30 p.m.,Town Hall
15* Tuesday Council Workshop Meeting–6:30 p.m.,Town Hall
21 Monday Budget Committee Meeting–6:30 p.m.
22* Tuesday Council Business Meeting–6:30 p.m.,Town Hall
28 Monday Budget Committee Meeting–6:30 p.m.
Regularly scheduled Council meetings are marked with an asterisk(*).
1:\adm\city council\council calendar\3-month calendar for c mtg 140114.doc
Meeting Banner ❑ Business Meeting ❑
Study Session ❑ Special Meeting
Consent Agenda ❑ Meeting is Full
Workshop Meeting ❑ CCDA Meeting
City Council Tentative Agenda
2/3/2014 12:11 PM - Updated
Form Meeting Submitted Meeting Inbox or
Date By Type Title Department Finalized
1520 02/04/2014 Cathy CCSPEC 75 Minutes - Appreciation to Boards & Committees Reception Administrative 01/30/2014
Wheatley and Mayor Cook's State of the City Address Services
4:30-6:15 p.m.
Total Time: 75 Minutes
February 4 CCDA Meeting
1600 02/04/2014 Sean Farrelly CCDA 1 15 Minutes - Proposed CCDA Calendar Topics for 2014 Community 01/28/2014
Development
1595 02/04/2014 Sean Farrelly CCDA 2 20 Minutes - Meet with CCAC Chair and Vice-chair Community 01/28/2014
Development
1601 02/04/2014 Sean Farrelly CCDA 3 40 Minutes - Downtown Mixed Use Development Projects Community 01/28/2014
Presentation and Discussion Development
1641 02/04/2014 Carol Krager CCDA 4 Consent Item - APPROVE CITY CENTER DEVELOPMENT City Management 01/27/2014
AGENCY MINUTES
Total Time: 75 of 180 minutes have been scheduled
i I
1430 02/11/2014 Cathy ■AA February 11, 2014 City Council Business Meeting
Wheatley
1649 02/11/2014 Cathy AAA 15 Min - Medical Marijuana Discussion City Mgmt Marty W.
Wheatley
I II
1648 02/11/2014 Cathy ACCSTUDY 30 Minutes - Exec Session - Labor Relations Administrative 02/03/20141
Wheatley Services
Total Time: 4S of 45 minutes have been scheduled
it
1 I P a ;LI
is\adm\carol\tentaty ag\2014\february 3 2014.docx
Meeting Banner ❑ Business Meeting ❑
Study Session 0 Special Meeting
Consent Agenda ❑ Meeting is Full
Workshop Meeting ❑ CCDA Meeting
City Council Tentative Agenda
2/3/2014 12:11 PM - Updated
1577 02/11/2014 Greer ACONSENT Consent Item - Adopt a Resolution Authorizing the Mayor to Public Works MartyW, City
Gaston Execute an Intergovernmental Cooperative Agreement Manager
Regarding an Emergency Water System Intertie
1 II
1556 02/11/2014 Cathy CCBSNS 1 10 Minutes - Presentation from Community Action of Administrative MartyW, City I
Wheatley Washington County Services Manager
1642 02/11/2014 Joseph CCBSNS 2 5 Minutes - Contract Award - Main Street Sewer/Fanno FIS MartyW, City I
Barrett Creek Crossing Elimination Manager
1588 02/11/2014 Judith Gray CCBSNS 3 20 Minutes - Update on Southwest Corridor Plan Tigard Community MartyW, City I
Public Involvement Opportunities Development Manager
1592 02/11/2014 Carol CCBSNS 4 30 Minutes - Renew Annexation Incentives - Resolution City Management MartyW, City I
Krager Manager
Total Time: 65 of 100 minutes have been scheduled
I - -- - - II
1431 02/18/2014 Cathy AAA February 18, 2014 Workshop Meeting - City Manager Wine I
Wheatley absent
I II
1566 02/18/2014 Nadine CCWKSHOP 1 20 Minutes - Tigard Municipal Court Annual Report to Administrative Krager C, Deputy
Robinson Council Services City Recorder
1589 02/18/2014 Judith Gray CCWKSHOP 2 20 Minutes - Southwest Corridor Plan Public Input Update Community Gray J, Sr
Development Transportation
Planner
1567 02/18/2014 Lloyd CCWKSHOP 3 25 Minutes - Fields (Concept) Development Scenarios Community 01/14/2014 I
Purdy Development
1593 02/18/2014 Lloyd CCWKSHOP4 30 Minutes - Enterprise Zone Presentation Community Purdy, L, Econ I
Purdy Development Development Mgr
Total Time: 95 of 180 minutes have been scheduled
I II
2 I P a g c
is\adm\carol\tentaty ag\2014\february 3 2014.docx
Meeting Banner Business Meeting ❑
Study Session Special Meeting
Consent Agenda Meeting is Full
Workshop Meeting 0 CCDA Meeting
City Council Tentative Agenda
2/3/2014 12:11 PM - Updated
1432 02/25/2014 Cathy AAA February 25, 2014 City Council Joint Meeting with City of
Wheatley Beaverton - 4755 SW Griffith Dr (6:30 p.m.)
I II
1433 03/04/2014 Cathy AAA March 4, 2014 City Center Development Agency Meeting
Wheatley
i II
1434 03/11/2014 C Wheatley AAA March 11, 2014 City Council Business Meeting I
I II
1507 03/11/2014 Greer ACCSTUDY 15 Minutes - Executive Session on Real Property Public Works 11/04/2013
Gaston Negotiations
1534 03/11/2014 Debbie ACONSENT Consent Item - Authorize the Mayor to Execute an Financial and Smith-Wagar D,
Smith- Intergovernmental Agreement with Metro Regarding a CET Information Asst Finance
Wagar Grant for the River Terrace Community Plan Services Director
1518[03/11/2014 Liz Lutz ACCSTUDY 30 Minutes-Review 2014 Corn. Event Funding Requests FiIS Lutz L, I
NNE Total nutes have • en scheduled
I II
EIEFr 03/11/2014 John CCBSNS Consent Item - Authorize City Manager/Mayor to Execute Public Works Goodrich J, Utility I
6 Mg Goodrich Joinder Agreement for Willamette Water Supply Program Div Manager
• Greer ACONSENT Consent Item - Authorize the Mayor/City Manager to Public Works Koellermeier D ;K
Gaston Execute an Intergovernmental Agreement with King City PuP " ''M 1 '
Regarding Water System Ownership and Water Service Y`. '-;
I --IF- l
1573 03/11/2014 Greer CCBSNS 1 15 Minutes - Consider an Ordinance Modifying the Public Works Stone Mike, City I
Gaston Boundaries of Local Improvement District (LID) No.1 Engineer
1449 03/11/2014 Loreen Mills CCBSNS 2 20 Minutes - Public Hearing - Amending Tigard Municipal City Management Mills L, Asst to City
Code Title 15.06 Franchise Utility Ordinance Manager
1644 03/11/2014 Joseph CCBSNS 3 5 Minutes - Contract Award - 2014 Pavement FIS Barrett J, Sr Mgmt I
Barrett Maintenance Program Overlay Design Services Analyst - Finance
1580 03/11/2014 Loreen Mills CCBSNS 4 15 Minutes - LCRB - Award Insurance Agent of Record City Management Mills L, Asst to City
Contract Manager
Total Time: 55 of 100 minutes have been scheduled
3I PA
is\adm\carol\tentaty ag\2014\february 3 2014.docx
Meeting Banner ❑ Business Meeting ❑
Study Session ❑ Special Meeting
Consent Agenda ❑ Meeting is Full
Workshop Meeting ❑ CCDA Meeting
City Council Tentative Agenda
2/3/2014 12:11 PM - Updated
I -II
1435 03/18/2014 Cathy AAA March 18, 2014 Workshop Meeting
Wheatley
r ---- -
1646 03/18/2014 Lloyd CCWKSHOP 1 15 Minutes - PSU Graduate Student Workshop Project: Community Asher, K, Community I
Purdy Tigard's Evolution into a Walkable Community Development Development Dir.
1493 03/18/2014 Lloyd CCWKSHOP 2 15 Minutes - Update on Economic Development Community Purdy, L, Econ I
Purdy Activity Development Development Mgr
1585 03/18/2014 Greer CCWKSHOP 3 15 Minutes - Briefing on Capital Improvement Plan 'Public Works Stone Mike, City I
Gaston (CIP) Projects Engineer
Total Time: 45 of 180 minutes have been scheduled
f II
1436 03/25/2014 Cathy AAA March 25, 2014 City Council Business Meeting - Councilor
Wheatley Snider absent
I II
1514 03/25/2014 John ACCSTUDY 15 Minutes - Briefing on a Joinder Agreement Regarding Public Works Goodrich J, Utility Div
Goodrich Tigard's Participation in the TVWD/Hillsboro Willamette Manager
Water Supply Program
Total Time: 15 of 45 minutes have been scheduled
f — - -- --- —II
1517 03/25/2014 Liz Lutz CCBSNS 10 Minutes - Consider a Resolution Granting Exemption Financial and Lutz L, Conf Exec
from Property Taxes under TMC 3.50 for xx Non-Profit Information Asst
Low Income Housing Projects Services
1594 03/25/2014 Lloyd CCBSNS 10 Minutes - Enterprise Zone: Resolution Community 01/13/2014
Purdy Development
164503/25/2014 Preston CCBSNS Consent Item - Approve Enterprise License Agreement Financial and 01/29/2014
Beck with ESRI for City's GIS (geographic information system) Information
Services
IlTotal Time: 20 of 100 minutes have been scheduled
4IPagc
is\adm\carol\tentatv ag\2014\february 3 2014.docx
Meeting Banner Business Meeting 0
Study Session Special Meeting
Consent Agenda Meeting is Full
Workshop Meeting 0 CCDA Meeting
City Council Tentative Agenda
2/3/2014 12:11 PM - Updated
• Cathy AAA April 1, 2014 - CCDA Meeting - 6:30 p.m.
Wheatley I
1
_ II
1606 04/08/2014 Cathy AAA April 8, 2014 - Business Meeting I
Wheatley
I 11
1524 04/08/2014 Greer ACCSTUDY 30 Minutes - Briefing and Discussion on the Development of a Public Koellermeier D,
Gaston Willamette River Water Supply in Conjunction with the City of Works Public Works Dir
Sherwood
Total Time: 30 of 45 minutes have been scheduled
I II
1605 04/15/2014 Cathy AAA April 15, 2014 - Workshop Meeting I
Wheatley
I II
1569 04/21/2014 Cathy AAA Budget Committee Meeting - 6:30 p.m. I
Wheatley
I II
1607 04/22/2014 Cathy AAA April 22, 2014 - Business Meeting - Council Snider Absent I
Wheatley
I II
1570 04/28/2014 Cathy AAA Budget Committee Meeting - 6:30 p.m. I
Wheatley
51Page
is\adm\carol\tentaty ag\2014\february 3 2014.docx
AIS-1577 3. C.
Business Meeting
Meeting Date: 02/11/2014
Length (in minutes): Consent Item
Agenda Title: Adopt a Resolution Authorizing the Mayor to Execute an
Intergovernmental Cooperative Agreement Regarding an Emergency
Water System Intertie
Prepared For: Dennis Koellermeier, Public Works
Submitted By: Greer Gaston, Public Works
Item Type: Resolution Meeting Type: Consent
Agenda
Public Hearing: No Publication Date:
Information
ISSUE
Shall the council adopt a resolution authorizing the mayor to execute an intergovernmental
cooperative agreement regarding an emergency water system intertie?
STAFF RECOMMENDATION / ACTION REQUEST
Adopt the resolution.
KEY FACTS AND INFORMATION SUMMARY
The council was briefed on this agreement at its January 28, 2014, study session.
Background
Lake Oswego's water system is connected to the water systems of the South Fork Water
Board and West Linn via an intertie. Under a 2003 emergency water supply agreement, these
three entities have supplied water to one another during emergencies.
Why Is a New Emergency Intertie Agreement Needed?
In 2008, the cities of Lake Oswego and Tigard entered into a water partnership agreement
whereby the two cities would work together to develop a new water system that will meet
both communities' future water needs. Under the agreement, Tigard obtained an ownership
interest in the intertie used to provide emergency water. As an owner, Tigard needs to be
included in the emergency water system agreement.
The 2012 Revised Agreement
In September 2012, the Lake Oswego and Tigard City Councils approved an updated version
of the intertie agreement. However, that 2012 agreement was never finalized by the other
parties. Under that agreement:
•Tigard becomes party to the agreement.
•Lake Oswego and Tigard will provide an emergency water supply to South Fork Water
Board and West Linn.
•South Fork Water Board and West Linn will provide an emergency water supply to Lake
Oswego and Tigard.
•Tigard will share in the cost to repair intertie infrastructure used to provide water to
Tigard and Lake Oswego.
•Tigard will share in the cost of intertie capital improvements that benefit Tigard.
•Benefits received by West Linn—as a result of the Lake Oswego-Tigard Water
Partnership—are acknowledged.
The Current Agreement
In February 2013, the West Linn City Council approved the water partnership's land use
application to expand Lake Oswego's water treatment plant located in West Linn. The
approval included conditions that certain terms of the agreement be modified as follows:
•Revise the agreement requiring the written mutual consent of all parties before the
agreement could be terminated.
•Revise the agreement requiring the written mutual consent of all parties before
paragraph 7 of the agreement related to the quantity of water to be supplied could be
amended.
•Revise the 2003 agreement to include language that the intertie may be used for the
benefit of all parties in perpetuity.
The agreement now before council contains the revisions from the 2012 agreement along
with the required modifications listed above.
Lake Oswego, West Linn and South Fork Water Board have executed the agreement. Tigard
is the last party to consider the agreement.
OTHER ALTERNATIVES
Council could choose not to authorize this agreement. However, that action would be
contrary to previous decisions, jeopardize the partnership's land use approval in West Linn,
and potentially expose Tigard to legal action.
COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS
Tigard City Council - Proposed Goals and Milestones, September 2013 - December 2014
Lake Oswego-Tigard Water Partnership
•Monitor progress of construction and budget;LOT IYIP projects operational
DATES OF PREVIOUS COUNCIL CONSIDERATION
The council was briefed on the current and final version of the agreement in study session on
January 28, 2014.
The council authorized an earlier version of this agreement via adoption of Resolution
No.12-36 at its September 25, 2012, meeting. That agreement was never finalized.
Fiscal Impact
Fiscal Information:
Any improvement costs associated with the emergency intertie are included in the most
recent water partnership cost analysis and are allocated between the partners. The city has
budgeted about $68 million dollars for water partnership projects in fiscal year 2013-2014.
Attachments
Resolution and Agreement
Resolution No. 12-36 and 2012 Agreement
AIS-1556 4,
Business Meeting
Meeting Date: 02/11/2014
Length (in minutes): 10 Minutes
Agenda Title: Presentation from Community Action of Washington County
Submitted By: Cathy Wheatley, Administrative
Services
Item Type: Update, Discussion, Direct Staff Meeting Type: Council
Business
Meeting -
Main
Public Hearing: No Publication Date:
Information
ISSUE
Presentation from Community Action of Washington County.
STAFF RECOMMENDATION / ACTION REQUEST
No recommendation; presentation only.
KEY FACTS AND INFORMATION SUMMARY
Community Action works to eliminate conditions of poverty for hundreds of Tigard
households every year and creates opportunities for them to achieve economic security.
Representative Margaret Doherty serves on their board and along with Executive Director,
and former Tigard High School graduate,Jerralynn Ness, they will share information about
the impact of the organization's work on the Tigard Community.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Attachments
2014 Agency Brochure
2013 Client Brochure
City of Tizard Statistics
Our Promise board of Directors / V\ri—/—rtQ/4-(
Community Action changes people's lives, 201 5-201 +
embodies the spirit of hope,improves communities
itiliftult
and makes America a better place to live. We care Chair: Ronald Sarazin,Olympic Performance
about the entire community and are dedicated to Vice-Chair: Richard M.Odell,Kaiser Permanente
helping individuals help themselves and each other. Treasurer: Scott Gardner,Portland General Electric
Secretary: Dana Galaxy,Community Representative
GM MUNI I'�- T�/ ACTON
O U r V i 5 1 o n At-Large:Tom Hughes,Metro President
At-Large: Ann E.Barr-Gillespie,Pacific University Helping people. Changing lives.
Washington County's residents are strong, resilient,
involved in the community, and live with dignity Lynn Baker, Virginia Garcia Memorial Health Center
and security. Representative Margaret Doherty,State of Oregon
it
Mayor Denny Doyle,City of Beaverton
Our Mission Nancy M.Ford,NW'Regional Education Service District
Marcy Gallegos,Head Start Po/i y Council .�
Community Action leads the way to eliminate Leonor Garcia,Head Stan'Police Cornrci! y- _, Ma't--
Leda Garside,;Sala! -•
conditions of poverty and create opportunities for i No j ��
and communities to thrive. Commissioner Greg Malinowski, Washington Count'
people .� :: `F, -
Jose Rivera,Centro Cultural de Washington Count ti
Leslea S.Smith,Oregon Law Center 11' • 21 I I
Community Action was formed in 1965 as a small Mayor Peter Truax,City of Tigard "' . k
grassroots organization committed to eliminating
Mayor Jerry Willey,City of Hillsborn r, _
conditions of poverty and creating opportunities
for people and communities to thrive. Today,
Community Action is one of the largest private Community Action's unique tripartite Board
nonprofit social service organizations serving low
of Directors consists of elected officials,low-
-income families in Washington County and an income representatives,and community leaders.
essential partner in the local safety net.
Communit Action... Leacierskip Staff
y 1001 SW Baseline Street
...has a genuine concern and knowledge Jerralynn Ness,Executive Director
Hillsboro, OR 97123
regarding the issues of poverty. Roger Barnes,Human Resources Director >
is recognized,respected,and works Jerry W.Brown,CPA Director of Finance&Operations
Renee Bruce,Family&Community Resources Director (503)648-6646
collaboratively with fenders and other Catherine Crooker,Director of Advancement
service providers. Farzana Siddiqui,Child Development Director
...is a community leader in the area of early
childhood development. www.caowash.org
...is a catalyst in community efforts to
address issues of homelessness and •' ` Jerra/ynn Ness,CCAP,Executive Director
affordable housing.
...is committed to the highest standards of 1/2014
fiscal stewardship.
Programs Impact
• 205 households reduced energy costs,
HEAD START prepares low-income pre-school In fiscal year 2012-2013(July 1,2012 to June improved home safety and increased energy
children, ages 3 to 5, for success in school and life, 30,2013) Community Action responded to efficiency by receiving energy education and
including children with special needs. more than 32,000 requests for assistance, conservation services.
providing hope,help and change for families
EARLY HEAD START promotes physical, social, throughout Washington County. • 957 Parents were able to work because they
emotional, cognitive, and language development of could access quality, affordable child care.
infants and toddlers and supports positive parent-child • 172 homeless children and parents had the
relationships.
chance to get back on their feet by staying • The quality of local child care resources
CHILD CARE RESOURCE & REFERRAL at Community Action's Hillsboro Family improved as 1,435 providers participated in
provides access to quality, affordable child care for Shelter. 11,478 hours of training in early childhood
working families and strengthens the local child care development.
network by providing training for providers and • An additional 230 families participated in a
businesses. range of services provided by Community • With access to appropriate pre-natal services,
Action to help them avoid or recover from 396 low-income pregnant women were
FAMILY ADVOCACY provides prenatal and parent- homelessness and achieve housing stability. better equipped for a healthy birth.
ing support that connects low-income women with
resources for a healthy birth and successful parenting. • 578 families did not go hungry because they • 52 at-risk pregnant women received
HOUSING & HOMELESS SERVICES provides were able to access emergency food boxes comprehensive services to enable a healthy
shelter for families experiencing homelessness, assists from Community Action. birth and 96%gave birth to healthy babies.
them in achieving housing stability and advocates for
their children to ensure school success. • 184 families received individualized housing • 72 at-risk families received parenting support
counseling to address their housing crisis to prevent child abuse and neglect.
ENERGY & EMERGENCY RENT by attending a Community Resource
ASSISTANCE prevents homelessness and assures that Orientation • By dialing 211, 15,078 callers were connected
families can remain safe and warm in their homes by with vital health and social services because
providing financial assistance for those facing eviction • 7,737 families stayed warm and safe in their of Community Action's comprehensive data
or termination of heat and electricity services. homes with heat and electricity bill paying base of Washington County resources.
assistance from Community Action.
ENERGY CONSERVATION helps families reduce • 1,041 pre-school children gained a solid edu-
energy bills by assessing home energy use, • 651 families facing eviction remained in cational foundation by participating in Com-
recommending cost saving measures and connecting
with resources to improve energy efficiency. their homes because of rent assistance munity Action's Head Start program.
provided by Community Action.
• 18 families began the process of saving funds
INFORMATION & REFERRAL Community g an e P $
Action is the Washington County partner for 211 Info • 91 families were able to secure permanent to increase their education or start a business
providing information and referral to critical health and housing because of short-term rent through Community Action's Individual
human services. assistance provided by Community Action. Development Account program.
Partnerships,pith.and fundingfivm. the public.private • 140 families had lower fuel costs and warmer • 58 individuals learned skills to take control
and nonpnn/it sectorrs make it possible Or Community Action homes because Community Action provided of their financial future through Community
to help families overcome challenges and achieve snraers' comprehensive weatherization services. Action's financial education classes.
how To Keack Us Our Vision
Community Action Washington County's residents are 1
operates the following programs strong,resilient,involved in the community, • •
to assist eligible residents and live with dignity and security.
of Washington County
GMMUNITY ACTION
Child Care Resource& Referral Our Mission
Referral&Assistance 971.223.6100 Community Action leads the way Helping people. Gangng lives.
Toll Free 800.624.9516 to eliminate conditions of poverty
Child Care referral line open: and create opportunities for people
Monday, Wednesday o° Friday,gam-3pm; and communities to thrive.
Tuesday, 12pm-3pm;Thursday-Closed
Emergency Rent Assistance 503.615.0770
Communit9 Action ,
Energy Assistance 503.615.0771 c 1 It'
1001 SW Baseline Street ��
Energy Conservation 503-906-6550 Hillsboro, OR 97123 4
503.648.6646
Family Advocacy 503.640.3263 I ►.
Head Start/Early Head Start 503.693.3262 wwwcaowash.org
it ,
..
;. ... iv .. ,
Healthy Families. 503.517.5798
For parenting support
Housing& Homeless Services
Includes Family Shelter 503.640.3263
Rent Well Education .503.726.0821 Community Action does not discriminate on the Our 1 rogra m s
Information&Referral 2-1-1 basis of race, sex, creed national origin, marital
status, age, sexual orientation, or disability. All
Toll free ..866.698.6155
Community Action sites are accessible to people with �y e("�,,e e s
Opening Doors 503.517.3198 disabilities. Phase contact us if you require special
For enatal support accommodations
pr
9,201;
Chad & Family Support housing& homeless Services
• Child Care Resource&Referral • Emergency Rent Assistance Program
Helps families access affordable, quality child care and Provides emergency rent assistance to prevent or
offers training for child care providers. The child care ,, overcome homelessness. Funds are very limited and
referral line is open Monday, Wednesday & Friday ' may not be available in all areas.
from 9am-3pm; Tuesdays from 12:OOpm-3:OOpm and
closed on Thursdays. • Hillsboro Family Shelter Home
Provides up to five weeks of emergency shelter for
• Early Head Start for Children ages 0-3 �4 `; families experiencing homelessness and assists them
Full-Day Full-Year. Provides services to children whose t in achieving housing stability.
parents are working and are eligible for Employment
Related Day Care (ERDC) funds from the State of • McKinney-Vento Homeless Education Program
Oregon Operates at Hillsboro Child Development Advocates for students experiencing homelessness
Center from 7:30am-5:30pm, five days per week and housing instability in the Hillsboro School
year-round. District to remain in and succeed in school.
Home Based: Provides home based services in Energy Services
Beaverton and Hillsboro through weekly home visits • Short Term Rent Assistance 1-6 months
to families and socialization experiences at Beaverton • Energy Assistance Program Financial assistance for homeless families to obtain
Child Development Center. Assists households with their heating and elec- and maintain housing.
Combination or Part-Day Full-Year. Provides services to tricky costs year-round.Availability of assistance
parents and children twice per week for three hours at depends on funding cycles.Advocacy,informa- •
Long-Term Support Services
Hillsboro Child Development Center& Coffee Creek tion, and referral to other services are also pro- Individualized assistance to help families set and reach
Correctional Facility. Teachers conduct two 90- vided at the time of intake. goals to support long-term housing stability.
minute home visits per month with each family.
• Energy Conservation
• Head Start for Children ages 3-5 • Rent Well Education Classes
Helps families reduce energy bills by assessing Six week tenant education program to help families
Part-Dqy Pre-K:Provides part-day, part year services home energy use, recommending and installing overcome rental screening barriers and learn steps to
for 3.5 hours per day, 4 days per week,in classrooms cost saving measures and connecting with re- g p
located in public schools in the Beaverton, Hillsboro, g g take to find affordable housing.
sources to improve the health, safety and energy
and Tigard-Tualatin school districts and in our efficiency of the home.
Hillsboro and Beaverton Child Development Centers.
Full-Day Full-Year. Provides services to children whose
parents are working and are eligible for Employment Information & Keferral
Related Day Care (ERDC) funds from the State of II
Oregon. Operates at Hillsboro Child Development
Center from 7:30 am 5:30 pm, five days per week , Community Action is the Washington County partner for
year-round. 211 Info, providing information and referral to critical
health and human services.Dial 2-1-1 for help.
• Opening Doors/Healthy Families r ifs
Provides prenatal and parenting support that connects „),b1 , +7 �£
low-income, pregnant women with health insurance, �\ /1 fi,
V 11 ":
prenatal care and community resources for a healthy 1 , t
t.,
birth and successful parenting. 1 ---.'-
Community Action
Service Statistics
July 1,2012-June 30,2013
Tigard
PROGRAMS NUMBER SERVED
Child Care Resource&Referrak Connecting families with child care and enhancing the quality of c p _
Training for Child Care Providers and Teachers
Participants 101
Training Hours 808 _
Providers
Intel Family Child Care Network Direct
Child Care Referrals Referral Calls 129
I louseholds ossisrr 1 129
Individuals 2,458
I.:nergy Assistance households 780
Dir=t $407,528
Individuals 289
I:mergency Rent assistance 1 louseholds 87
Direcc 543,075
I lead Start Children 105
J-louseholds 104
Support Services Individuals 75
Jlouseholds 27
Individuals 22
I lousing Placement&Short Term Rent Assistance I louseholds 8
Ditsst $31,915 _
Rent Well Tenant Education Individuals 28
l lomeless Children's Services Children 11
Individuals 76
Emergency Shelter J louseholds 8
Bednights 834
Food Assistance Food boxes, 6
ormation&Ref
to 211 Info Individuals 2,126
Referrals and Linkages Individuals 7l)
Comprehensive Prenatal Support Individuals 10
Com rehensive Parenting Su ort I louseholds
I lousing Units 28
Electricity Conservation Individuals 55
Jlouseholds 28
Direct $9,357
1 lousing Units 7
Comprehensive Weatherization Individuals 13
1 louseholds 7
Dimc1 $55,735
Energy Education
Jndividuals 11)2
Jlouseholds 35
Volunteerism Individuals 139
Hours 1,733
*Responded to 1 296 requests for service
*Served 3.418 individuals
*Provided$541,610 in direct benefits to clients
*Provided 2,255 referrals for other assistance needed
AIS-1642 5,
Business Meeting
Meeting Date: 02/11/2014
Length (in minutes): 5 Minutes
Agenda Title: Contract Award - Main Street Sewer/Fanno Creek
Crossing Elimination
Prepared For: Joseph Barrett
Submitted By: Joseph Barrett, Financial and Information Services
Item Type: Motion Requested Meeting Type: Local
Contract
Review
Board
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Shall the Local Contract Review Board award a contractor for construction services on the
city's Main Street Sewer/Fanno Creek Crossing Elimination project to Jeff Kersey
Construction?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the Local Contract Review Board award the contract for construction
services on the city's Main Street Sewer/Fanno Creek Crossing Elimination project to Jeff
Kersey Construction in the amount of$243,297 and authorize the City Manager to take the
steps necessary to execute the contract.
KEY FACTS AND INFORMATION SUMMARY
The existing sewer crossing over Fanno Creek at Main Street is at risk of being damaged
during flooding. the pipe is currently supported on concrete piers and is located under the
Main Street Bridge. The piers for the pipe itself at at risk of damage by high water, scour, and
debris flowing down the creek during flooding events. This project will eliminate the crossing
by rerouting the sewer along the west side of Fanno Creek. The project will eliminate the
possibility of the creek taking out the pipe and/or its supports and releasing sewage directly
into Fanno Creek.
This project is consistent with the Sanitary Sewer Master Plan and is designed to meet the
City Public Facility Design Standards and Clean Water Services Design and Construction
Standards. The project will be build across private property and easements and property
restoration are part of the overall project. The engineer's estimate for this phase is $267,000.
Staff issued an Invitation to Bid for the work on January 8, 2014. The project was advertised
in the Daily Journal of Commerce on that date and also in The Tigard Time on January 16,
2014. Bids were due at 2:00 pm on January 23, 2014, and nine bids were received:
`Contractor Bid
(Jeff Kersey Construction $243,297
IWeitman Excavation LLC $251,490
ICG Contractors LLC $260,864
K&E Excavating, Inc. $270,490
ICivilworks NW, Inc. $309,314
C&M Excavation $347,594
(Kerr Contractors $352,954
INW Kodiak Construction LLC $355,121
Kodiak Pacific Contruction $378,941
Staff has reviewed the bids and determined that Jeff Kersey Construction has submitted the
lowest responsible bid.Jeff Kersey Construction is not on the Bureau of Labor and Industries
ineligible list and had the proper bonding with the State's Contractor's Construction Board
(CCB) for this project. Staff recommends the contract for construction of the Main Street
Sewer/Fanno Creek Crossing Elimination project be awarded to Jeff Kersey Construction for
$243,297.
OTHER ALTERNATIVES
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
This project is consistent with the Sanitary Sewer Master Plan.
DATES OF PREVIOUS COUNCIL CONSIDERATION
This project and contract were discussed with Council at the January 28, 2014 study session.
Fiscal Impact
Cost: $243,297
Budgeted (yes or no): Yes
Where budgeted?: Sanitary Sewer Fund
Additional Fiscal Notes:
This project (#93011) is in the 2014-2018 Capital Improvement Plan. It was also part of the
first quarter supplemental budget which allocated additional funds for the construction of
the project. The total contract amount is $243,297.
Attachments
No file(r)attached.
AI S-1644 6,
Business Meeting
Meeting Date: 02/11/2014
Length (in minutes): 5 Minutes
Agenda Title: Contract Award - 2014 Pavement Maintenance Program
Overlay Design Services
Prepared For: Joseph Barrett
Submitted By: Joseph Barrett, Financial and Information Services
Item Type: Motion Requested Meeting Type: Local
Contract
Review
Board
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Shall the Local Contract Review Board award a contract for pavement overlay design services
for the city's 2014 Pavement Management Program to Murray, Smith & Associates, Inc.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the Local Contract Review Board award a contract for pavement overlay
design services for the city's 2014 Pavement Management Program to Murray, Smith &
Associates, Inc. in the amount of$157,973 and authorize the City Manager to take the
necessary steps to execute the contract.
KEY FACTS AND INFORMATION SUMMARY
The yearly Pavement Management Program (PMP) protects the city's investment in street
infrastructure. The program typically includes a combination of minor maintenance projects
(slurry seal applications) and major maintenance projects (pavement overlays). In a payment
overlay project, the pavement on a street has deteriorated due to traffic usage and weather,
and is at the point where pavement repairs and overlays are necessary to avoid further
deterioration and return the street to a good condition.
The contract before the LCRB for award is for design services related to the pavement
overlay portion of the program. Work included under this contract will include:
•An evaluation of existing pavement,
•Recommendations of pavement treatments,
•A survey of existing curb ramps,
•Design of curb ramp retrofits to meet ADA requirements, and
•Design of the paving work.
Streets that have overlays planned include:
•Locust Street (Greenburg Rd to Hall Blvd)
•Walnut Street (116th Ave to 122nd Ave)
•121st Avenue (Tippitt PI to Ann Pl)
• 115th Avenue (Gaarde St to Fonner St)
•78th Avenue (Pfaffle St to Spruce St)
•Spruce Street (78th Ave to 71st Ave)
•71st Avenue (Hwy 99W to Pine St)
•Old Gaarde Street (Gaarde St to Hwy 99W)
• 105th Avenue (McDonald St to the end)
•Canterbury (109th to Hwy 99W)
• 109th Avenue (Canterbury to 600' S of Murdock)
•Tech Center Drive (72nd Ave to west end)
•Frewing Street (Hwy 99W to O'Mara)
As this work will be done by an engineering firm, it falls under the Qualification Based
Solicitation (QBS) process which does not allow the city to ask for any pricing information
during the solicitation. As staff estimated the work would be in the neighborhood of$190,000
an intermediate QBS process was used. This process requires the city to issue an informal
RFP to at least five engineering firms on the city's Public Works Qualified Roster. The five
firms chosen to receive the RFP were:
•Murray, Smith, & Associates
•WHPacific, Inc.
•CES/NW Inc.
•Wallis Engineering, and
•Duval Engineering
Proposals were due on January 21st and were scored and the firms ranked based on:
•Firm Qualifications and Specific Experience of Key Staff(40% weight)
•Project Approach (30% weight), and
•Project Samples (30% weight)
Based on the scoring by the staffs review team, Murray, Smith & Associates, Inc. (MSA) was
selected as the most qualified firm. Staff then entered into negotiations with MSA and both
parties agreed to a price of$157,973 for the work which is below the staffs estimate for the
work. As such, staff recommends the Local Contract Review Board award the contract to
MSA.
OTHER ALTERNATIVES
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
The Council was briefed on this contract at the January 28, 2014 study session.
Fiscal Impact
Cost: $157,973
Budgeted (yes or no): Yes
Where budgeted?: Street Maintenance Fund
Additional Fiscal Notes:
This project is included in the 2014-2018 Capital Improvement Plan with a total FY
2013-2014 external budget of$1,430,000 which allows for adequate funds available for this
work.
Attachments
No filer)attached.
■
AIS-1588 7.
Business Meeting
Meeting Date: 02/11/2014
Length (in minutes): 20 Minutes
Agenda Title: Update on Southwest Corridor Plan Tigard Public Involvement
Opportunities
Submitted By: Judith Gray, Community
Development
Item Type: Receive and File Meeting Type: Consent
Agenda
Public Hearing: No Publication Date:
Information
ISSUE
Council will receive an update on the Southwest Corridor Plan, including upcoming public
input opportunities.
STAFF RECOMMENDATION / ACTION REQUEST
Receive information. Provide direction, if desired.
KEY FACTS AND INFORMATION SUMMARY
Phase 1 of the Southwest Corridor Plan was completed in the summer of 2013. The Phase 1
decision directed the project team to conduct additional analysis on two High Capacity
Transit (HCT) modes: bus rapid transit and light rail transit. The project team is currently
refining those options for further analysis and are scheduled to decide which alternatives
warrant further analysis as part of the Draft Environmental Impact Statement.
Tigard will be hosting a Community Meeting on February 13. This purpose of the meeting
will be to help community members understand what the project is, how we got here, and
how they can participate in future decisions. This will also be an opportunity for the public to
learn about the March anti-HCT ballot measure.
OTHER ALTERNATIVES
n/a
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Council has made both participation in the Southwest Corridor Plan and effective community
engagement priority goals.
DATES OF PREVIOUS COUNCIL CONSIDERATION
DATES OF PREVIOUS COUNCIL CONSIDERATION
SW Corridor Plan
November 15,2011
November 20,2012
February 19,2013
March 19,2013
May 21,2013
June 25,2013
October 8,2013
Agenda items associated with High Capacity Transit Land Use Plan
January 18,2011
April 26,2011
July 19,2011
November 18,2011
May 15,2012
August 14,2012
Attachments
No file(s)attached.
AI S-1592 8,
Business Meeting
Meeting Date: 02/11/2014
Length (in minutes): 30 Minutes
Agenda Title: Renew Annexation Incentives - Resolution
Submitted By: Carol Krager, City
Management
Item Type: Resolution Meeting Type: Council
Business
Meeting -
Main
Public Hearing Yes
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Consider a resolution to renew annexation incentives,which defines incentives for voluntary
annexation of unincorporated lands to the municipal city limits.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends that council consider whether or not to adopt the proposed resolution
amending Resolution No. 07-13 extending voluntary annexation incentives until February
2015. Adopting the resolution would preserve the incentives for another year.
KEY FACTS AND INFORMATION SUMMARY
As stipulated in Resolution 13-08, council's annual review of its annexation policy, including
annexation incentives, is to occur in February 2014.
Resolution 07-13 approved the following annexation incentives: 1) waiver of the city
annexation application fee for all annexation requests, and 2) phasing in of city property taxes
over a three-year period at the rate of 33%, 67%, and 100%. In July of 2007, City Council
passed a second resolution (Resolution 07-47) to subsidize payment of Metro's annexation
mapping fee for applicants. City staff then began the practice of assisting applicants with
property descriptions, provided it does not involve field work, and to waive the
pre-application conference fee. Resolutions extending the incentives were subsequently
adopted annually. Last year an additional incentive allowing for phased property taxes was
applied retro-actively to properties annexing by triple majority to benefit property owners in
the River Terrace district.
Attachment 1 provides an updated resolution extending the current incentives to February
2015.
OTHER ALTERNATIVES
1. Not adopt the 2014 resolution, allowing the incentives to expire.
2. Amend the resolution, such as remove, add or modify incentives.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
N.1
DATES OF PREVIOUS CONSIDERATION
2008, 2009, 2010, 2011, 2012, and Feb 28, 2013
Fiscal Impact
Cost: TBD
Budgeted (yes or no): yes
Where Budgeted (department/program): Community Development
Additional Fiscal Notes:
The fiscal impact of maintaining these incentives is highly variable and related mostly to
development activity. For example, in 2013 there were six annexations, two by the city for
8.06 acres and four by petition for 12.17 acres; the city paid $900 in Metro fees and lost
$14,480 in application fees. In 2012 there were three annexations including River Terrace
Phase II for 268 acres; the city paid $400 in Metro fees. In 2011, there was one annexation
by the city for which the resolution does not apply and one by a landowner that has been put
on hold by the owner. In 2010, there was only one annexation in Metzger and the City paid
$150 in Metro mapping fees and lost approximately $3,349 in application fees. Also a small
amount of staff time was spent assisting the owner with the required property description.
Over the seven-year period that the incentives have been in place the City has foregone and
spent about $46,500.
In addition to the forgone fee revenue and Metro fees, the City also did not receive the full
amount of property taxes. It is estimated that, during the last seven years, the City did not
receive about$75,258 in property tax revenue because of the tax phase-in incentive
generally, including $66,628 from Areas 63 and 64.
Over time, foregone fees will be recovered by new property tax revenue from annexed
properties. However, if activity increases significantly, the budget may need an adjustment to
compensate for the fees and staff time.
Attachments
Proposed Resolution
AIS-1649 9.
Business Meeting
Meeting Date: 02/11/2014
Length (in minutes): 40 Minutes
Agenda Title: Consider Temporary Prohibition on Medical Marijuana Dispensaries
Prepared For: Marty Wine, City Management
Submitted By: Cathy Wheatley,Administrative Services
Item Type: Ordinance Meeting Type: Council
Update, Discussion, Direct Staff Business
Meeting-
Main
Public Hearing: No Publication Date:
Information
ISSUE
Should the City Council consider a temporary prohibition on medical marijuana dispensaries
in Tigard?
STAFF RECOMMENDATION / ACTION REQUEST
Adopt an ordinance prohibiting medical marijuana dispensaries until January 1, 2015 in order
for the city to initiate a policy discussion about whether, and why, and where, regulation of
dispensaries in Tigard might be considered, and develop regulations as indicated. Time for
research and a policy discussion with the Council and community is important.
KEY FACTS AND INFORMATION SUMMARY
The City of Tigard has received at least one inquiry from medical marijuana facility operators
since late 2013 regarding 1) obtaining a city business license; and 2) due diligence for a land
use application. The City's business licensing provisions offer little opportunity for regulation
by type of business. The City's development code,TMC 18.210.030, Consistency with Plan
and Laws, provides that "each development and use application and other procedures
initiated under the title shall be consistent with the adopted comprehensive plan of the City of
Tigard as implemented by this title and with applicable state and federal laws and regulations."
TMC 18.10.040, Use of a Development, provides that a "development shall be used only for
a lawful use. A lawful use of a development is one that is not prohibited by law and for which
the development is designed, arranged and intended or which is a continuing nonconforming
use." The city would classify a dispensary operation as a retail land use, and an operator would
need to obtain a state license, which is not available until state rules are in place in March,
2014. Today, if a medical marijuana facility did not apply for land use or permitting, a
dispensary could locate and operate in the city.
While the state has acted to allow medical marijuana facilities to operate and will create rules
to guide their operations, these actions conflict with federal law which makes manufacturing,
possessing, or distributing it a crime under federal statute. Further, the Obama Administration
has outlined provisions for selective enforcement of the federal law. State Legislative Counsel
has drafted an opinion that state law preempts a local government from restricting or
prohibiting the operation of a state-registered medical marijuana facility within the jurisdiction
of the local government. The League of Oregon Cities counsel holds the opposite view that
cities are not preempted from such regulatory actions. Resolving these conflicts will rely on
future changes to federal and/or state law, and may not be resolved for a year or more. In
light of these conflicts, city staff currently responds to these inquiries by indicating that
dispensary operation is a grey area of the law, and the local regulatory environment is unclear
at this point.
Various regulatory changes have been drafted for the cities of Medford, Ashland, Grants Pass,
and others, that make changes to business license or zoning provisions. The cities of Tualatin,
Hillsboro and Sherwood have recently temporarily prohibited dispensaries in order to
determine the potential for future regulation.
Similarly, if the City Council wishes to regulate the siting of dispensaries, the city's policy
discussion may center around the potential reasons to allow siting of medical marijuana
dispensaries. This will require time for the Council to address questions such as:
•If dispensary operation is legal and regulated at the state level,does the city have any
reason to regulate further, and how?
•What does the public think about having dispensaries as part of the community? What
are the potential impacts?
•What are the practical challenges with compliance of the city code provision to meet
state and federal law? Practically,what is enforceable?
•Is there a public safety or risk-related basis for limiting the areas where dispensaries can
be located in in the city?
OTHER ALTERNATIVES
The Council could choose to:
•Take no action.
•Amend the development code to provide for zoning for the facilities, specific to use and
zone.
•Amend the Tigard Municipal Code to change business licensing provisions to specifically
include or exclude dispensaries.
•Research options for other actions by the city.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
This is the first consideration of the issue by the Tigard City Council.
Attachments
MMJ staff memo
MM i ordinance
,74 • City of Tigard
T I G A K D Memorandum
To: Mayor John Cook and Tigard City Council
From: John Floyd,Associate Planner
Re: Temporary Prohibition on Medical Marijuana Dispensaries
Date: February 6,2014
Request
The Community Development Department was asked to investigate a ban or temporary
prohibition on medical marijuana dispensaries. The purpose of the prohibition would be to
develop options for Council regarding the regulation or prohibition of such land uses within the
City.
Discussion
Community Development staff and the City Attorney's office have investigated the issue,
including a review of the Tigard Development Code and recent case law, and believe language
already exists within the code that would support a prohibition on medical marijuana
dispensaries. This language is found within the general administrative provisions which requires
"each development and use application—be consistent with...all applicable state and federal
laws and regulations" (18.210.030.A). As a result,all land uses within the city must be found
compliant with both state AND federal law. Regardless of various state actions to partially
legalize the use of marijuana for medical and/or general use,it still remains a crime to
manufacture,possess, or distribute the drug under federal law under any circumstances within
any state of the union. As discussed below,Tigard is not alone in trying to navigate the
conflicting and overlapping requirements of state and federal law.
The League of Oregon Cities (LOC) met with the US Attorney for Oregon to discuss medical
marijuana,but was unable to receive any additional clarification beyond the current opinion of
the Obama Administration regarding enforcement of the federal Controlled substances Act.
What is known through this opinion is that the current administration has stated that the federal
government will not generally take enforcement action in medical marijuana cases except were
children are being exposed to the operation,or where medical marijuana is being used as a front
for illegal trafficking. However,it should be noted that this position could change at any time,
especially with a new administration. A change in federal position could result in significant
local costs,including the prosecution of local business owners,landlords, and residents
1
otherwise compliant with state law, along with requests for law enforcement assistance from the
Tigard Police Department.
The issue of federal overlap is not limited to Tigard,and CD staff spoke to planning staff in
Ashland,Tualatin, and Hillsboro. Of interest is the fact that unlike these cities,Tigard has
explicit language in its land use regulations regarding compliance with federal laws.
The City of Ashland has a provision in their business license regulations that requires
consistency with federal law, and is adopting an ordinance to remove that provision so it will
not have to deny business license applications submitted by dispensaries. So long as this
requirement was still in their code,Ashland officials believed it opened the city to potential
Equal Protection Clause challenges for selective enforcement of this provision. As this
provision is part of the municipal code pertaining to business licenses and not part of the land
use code,Ashland planning staff indicated they were regulating medical marijuana dispensaries
as medical land uses, and leaving the matter of dispensary control to law enforcement and the
state.
Tualatin has a similar provision in their municipal code to that of Ashland, and is presently
considering a temporary prohibition until December 31,2014 in order to allow the city more
time to evaluate the new state rules regarding dispensaries and perform more public outreach in
developing local land use restrictions and/or prohibitions. When Tigard staff inquired about
the federal overlap regarding controlled substances,Tualatin staff indicated there was a
perception of greater risk of litigation at the local and state level than there was from the federal
level,and were responding accordingly.
Hillsboro is also in the process of adopting locational restrictions on dispensaries. When asked
about the conflict with Federal Law,Hillsboro planning staff indicated they had not yet been
challenged on the issue, and pointed out that no one has appealed a dispensary denial to LUBA
or the courts to their knowledge and as such the outcome was unclear. Hillsboro staff also
indicated they were relying upon a November 2013 memorandum from the Oregon legislative
counsel asserting that Oregon law preempts local municipal restrictions of medical marijuana
facilities. This memorandum cites case law and two bills passed during the 2013 session. These
bills include HB 3460 which creates a registration system for the transfer of marijuana and
usable plants, and SB 863 which pre-empts local governments from taking any action to inhibit
or prevent the production or use of agricultural seeds, flower seeds,nursery seeds,or vegetable
seeds.
The General Counsel for the LOC disagrees with legislative counsel's opinion of HB 3460.
LOC believes HB 3460 does not preempt local land use regulation;it just creates a registration
system and other civil requirements to be administered by the Oregon Health Authority (01-IA).
LOC tried to get language within HB 3460 specifically addressing preemption, but was
unsuccessful at the time given the political landscape. This is important as Oregon case law has
generally taken the position that until the intent to preempt is unambiguously expressed, "local
2
requirements compatible with compliance with the state's standards are not preempted"
Gunderson, LLC v. City of Portland(2012), citing State ex rel Haley v. City of Troutdale (1978). As HB
3460 stands, there is no direct language addressing preemption. Moreover, final Oregon Health
Authority Rules to implement HB 3460 state "Registration by the Authority is not a guarantee
that a facility is permitted to operate under applicable land use or other local government laws
where the facility is located."
Similarly, there is a legal question regarding the applicability of SB 863 to medical marijuana
dispensaries. Medical marijuana is not specifically mentioned in the bill or its legislative history,
as the bill was more focused on biotech crops than cannabis and there is no specific mention of
medical marijuana in the bill. In addition, as used in HB3460 the definitions of"usable
marijuana" and "immature marijuana plants" do not overlap with the statutory definition of
agricultural or nursery seed under ORS 571.300,in that a seed is not a plant.
Finally,in 2013 the California Supreme Court concluded that local governments were not
preempted from banning facilities that distribute medical marijuana,using a similar preemption
analysis and similar medical marijuana laws as Oregon. This may be indicative of how a similar
challenge would play out in Oregon.
In sum,Tigard staff and legal counsel believe the City has authority to regulate or prohibit
medical marijuana dispensaries under the Tigard Development Code as it presently exists. This
provision in Tigard's code was not present in that of Ashland, Tualatin,or Hillsboro and
appears to create a stronger case under land use law than in those cities, and as such may create
more actionable options than a prohibition by ordinance. Such a move may be advantageous in
the short term, as the state may adopt additional clarifying regulations and/or legal challenges
may play out that will clarify the City's options.
Recommendation
If Council wishes to place temporary prohibition on dispensaries, this action would be
defensible as discussed above. The prohibition could be temporary in order to allow sufficient
time for the adoption of new land use regulations,or of indeterminate length and until such
time as medical marijuana dispensaries can demonstrate affirmative compliance with Federal
Law. The manner of the prohibition could take one of two forms.
1. The Community Development Director and City Attorney could prepare a written
interpretation of the existing Tigard Development Code as it pertains to medical
marijuana dispensaries and federal law,which Council could adopt or acknowledge as the
City's official interpretation;and/or
2. Council could adopt a temporary prohibition by ordinance. A draft has been prepared
should Council wish to consider this option. The draft establishes a temporary
prohibition until the end of the year, at which time Council could allow the ordinance to
sunset, or extend or revise it as necessary.
3
,/1/ j 4 c oi9 1 g11 e s . �tte d _._
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CITY OF TIGARD, OREGON /f-ttti ��L4
TIGARD CITY COUNCIL
'� ( V envy
RESOLUTION NO. 14-f l I 2 °Ge�� n btvia
A RESOLUTION OPPOSING BALLOT MEASURE 34-210,A MEASURE TO"ADOPT TIG
POLICY OPPOSING NEW HIGH-CAPACITY TRANSIT CORRIDOR PROJECTS",ON THE adKt
MARCH 11,2014 BALLOT
WHEREAS,citizens have submitted a proposed measure the City has developed into a ballot title and
summary approved as a measure to be before the city's voters at the March 11,2014 election;and
WHEREAS,the measure,if approved by the city's voters,would adopt Tigard policy opposing new high
capacity transit corridor projects;and
WHEREAS,the measure,if approved,would prohibit the City from adopting an ordinance amending its
comprehensive plan or land use regulations to accommodate sitting of new high-capacity transit corridor
project absent voter approval;and
WHEREAS,the measure,if approved,would require that the City annually notify public officials of the
county,state,region,and federal governments of the existence of the policy;and
WHEREAS,the measure defines a"new high-capacity transit corridor"broadly,including any roadway
within five miles of the City that currently permits automobile traffic or any public rights-of-way that could
provide additional road capacity at a future date;and
WHEREAS,the Tigard City Council has the right to pass a resolution either in favor or in opposition to the
city measure.
4;6. -4:144t
'
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council opposes Ballot Measure 34-210 that would adopt a Tigard policy
opposing high-capacity transit corridor projects unless voter authorization is obtained.
SECTION 2: The Tigard City Council opposes the measure because restrictions would be placed on the
City as a result of passage of the measure with negative impacts on the City including,but not limited to:
a) y the default policy created by the measure would improperly restrict City
Council to always oppose high-capacity transit without consideration of the
specific planning and land use elements and potential benefits of any transit
proposal that fits the broad definition of high-capacity transit;
b) the default policy would require the City to annually notify county,Metro,state
and federal officials of its policy opposing high-capacity transit. The
TC.SCAAA, I'--{ • I
City's role in regional transportation planning and decision making will be
severely weakened and less effective to mitigate congestion and obtain funds for
planning and carrying out transportation improvement projects;
c) the default policy could create a negative perception of the City in the region
and weaken its ability to be a regional partner in matters involving
transportation issues. The impacts could be far-ranging;both financial to the
City as well as to individual property owners;
d) the default policy would predetermine the City's position on high-capacity
transit unless voter approval is obtained to authorize City staff and Council
members to take a position to support high-capacity transit. The effect of such
a limitation would restrict the ability of the City to act in support of planning
for or providing transportation improvements without forcing citizens to vote
on specific measures. Measures can be costly and the time lost in preparing for,
scheduling,and conducting an election could result in the City losing
opportunities that could be beneficial to the City and cost effective for the
citizens;
e) the default policy may have unintended consequences by preventing
amendments to the City's comprehensive plan or land use regulations without
the City first seeking voter approval. If the measure is approved,
implementation and direction of the measure could lead to costly litigation
when the City adopts amendments to plans,regulations,or acts to approve or
deny individual land use applications/
f) the default policy defines road capacity to include streets within five miles of the
city including right of way. If the measure is approved,the City could be forced
to devote city resources to participating in the local government procedures of
other jurisdictions,even if the action proposed has little potential impact in
Tigard.
SECTION 3: This resolution is effective immediately upon passage.
4-h
PASSED: This 11 — day of(i2.111 l 2014.
Mayor-City of Tigard
Cd,datA4
A T:
—&
City Recorder-City of Tigard
1 (4. 11
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