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City Council Packet - 06/24/2014 • City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: June 24,2014 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Flail Blvd.,Tigard,OR 97223 Agenda revised June 18, 2014 to add Agenda Item No. 7: Review Comment Cards and Feedback from Council's 5X3X10 Events;Agenda revised June 19, 2014 to add Agenda Item No. 6: Local Contract Review Board-Declaration of Emergency and Contract Award for Main Street Sewer Repair 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 ODD -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 (I 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. • IN ' City of Tigard ricAiip Tigard Business Meeting—Agenda a TIGARD CITY COUNCIL MEETING DATE AND TIME: June 24,2014-6:30 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 June 18,2014 to add Agenda Item No. 7: Review Comment Cards and Feedback from Council's 5X3X10 Events;Agenda revised June 19,2014 to add Agenda Item No.6: Local Contract Review Board-Declaration of Emergency and Contract Award for Main Street Sewer Repair 6:30 PM •STUDY SESSION •EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss labor negotiations and real property negotiations,under ORS 192.660(2) (d) and (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. 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications&Liaison Reports E. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Tigard Area Chamber of Commerce C. Citizen Communication—Sign Up Sheet 7:35 p.m. estimated time 3. RESOLUTION HONORING CITY RECORDER CATHERINE WHEATLEY FOR 26 YEARS OF SERVICE 7:45 p.m. estimated time 4. DISCUSS PROPOSED CHANGES TO TMC 7.70 SECONDHAND DEALERS AND TRANSIENT MERCHANTS 7:50 p.m. estimated time 5. REVISED RESOLUTION ACCEPTING THE WATER MASTER PLAN UPDATE FOR RIVER TERRACE-RESOLUTION 8:00 p.m. estimated time 6. LOCAL CONTRACT REVIEW BOARD: DECLARATION OF EMERGENCY AND CONTRACT AWARD FOR MAIN STREET SEWER REPAIR 8:05 p.m. estimated time 7. REVIEW COMMENT CARDS AND FEEDBACK FROM CITY COUNCIL'S 5X3X10 EVENTS 8:15 p.m.estimated time 8. NON AGENDA ITEMS 8:35 p.m. estimated time 9. COUNCIL LIAISON REPORTS 10. 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 dosed to the public. 11. ADJOURNMENT 8:40 p.m. estimated time City Council Update June 2014 SUPPLEMENTAL PACKET FOR " a y— a e/L/ . Chamber Events (DATE OF MEETING) Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m. —Weekly • 6/26/14—Q Family Dental • 7/3/14— No Networking Due to Holiday • 7/10/14—Available to Host • 7/17/14— HomeMasters+ Ribbon Cutting in their new location Tigard Young Professionals • After Hours— First Tuesday of each month 6-8 p.m.— Host At Ease Massage Therapy -July 1" Location Blitz 99W Check our event calendar at http://business.tigardchamber.org/events/calendar/for locations and hosting companies Tigard Farmers Market Update Market now has a meat vendor, beef and pork and does meat shares, partial cow. New beer vendor selling IPA's by the Growler and doing tastings. House of Bread has expanded their offerings to include made to order sandwiches, shortcake and coffee. Unger strawberries sold out at noon! Partnering with school district have set our date for Harvest Market, Saturday November 15'. Look for more kid friendly and demo activities this year through new business partnerships such as Whole Foods, Orchard Supply Hardware, Home Depot, Burgerville. Don't forget you can use your EBT at the market! Learn more at www.tigardfarmersmarket.org Downtown Updates • All merchants are open during construction you may just need to park a couple of blocks away and walk. Use the new public lot on Burnham or other available parking lots. • New Explore Downtown Tigard Art Walk brought to you by the Tigard Downtown Alliance, 6/2-6/22, was a great success, thanks to all the artists, visitors and participating businesses. • 3rd Annual Explore Downtown Tigard Street Fair, Saturday 8/16/14. We have secured Timber Joey, we'll have magic, ponies, fire trucks, bouncy house and more • Interested in being a vendor, go to http://exploredowntowntigard.com/events/street-fair/vendor- registration/ TDA now has bylaws and a Board of Directors Learn what there is to do in Downtown Tigard on Facebook at www.facebook.com/exploredowntowntigard and at www.exploredowntowntigard.com l I(ARD AREA k 404% Esp... ., _ F DowNT0'`-. 'Q� (' tigardyoung:.r ofessionals �'T Ti t and 14IWi✓^U 1SI caw<t collect<dlllo-.N<Ito.b RI%.(.11'NUL fll'L IIL AIS-1796 3. Business Meeting Meeting Date: 06/24/2014 Length (in minutes): 5 Minutes Agenda Title: Resolution Honoring City Recorder Catherine Wheatley for 26 Years of Service Prepared For: Joanne Bengtson, City Management Submitted By: Joanne Bengtson,City Management Item Type: Resolution Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Should Council honor City Recorder Catherine Wheatley, retiring July 1, after 26 years of service? STAFF RECOMMENDATION / ACTION REQUEST Celebrate Cathy's retirement from the city and her service to City Council. KEY FACTS AND INFORMATION SUMMARY Cathy Wheatley will retire on July 1, 2014 and has served as Tigard's City Recorder since September 1, 1988. Mrs. Wheatley has served the City Council through the election or appointment of seven Mayors and nearly 25 City Councilors, passing ballot measures that created a new library, funded major park& open space acquisition and reshaped the city's boundaries. With every task and all her years of service, Cathy's performance has enhanced the city's reputation and set a high standard with the public, City Council and fellow employees. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION n/a Attachments Resolution AIS-1780 4. Business Meeting Meeting Date: 06/24/2014 Length (in minutes): 10 Minutes Agenda Title: Discuss Proposed Changes to TMC 7.70 Secondhand Dealers and Transient Merchants Prepared For: Alan Orr, Police Submitted By: Julia Jewett, Police Item Type: Ordinance Meeting Type: Council Business Mtg - Study Sess. Public Hearing: No Publication Date: Information ISSUE Staff will update council on proposed changes to theTigard Municipal Code Section 770: Secondhand Dealers and Transient Merchants. Changes will clarify procedures and update definitions, bringing Tigard's code. Staff is planning to bring an ordinance to councilr for consideration and approval on July 8, 2014. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the TMC Section 7.70 Secondhand Dealers and Transient Merchants be revised. KEY FACTS AND INFORMATION SUMMARY Staff recommends the following revisions to the Secondhand Dealers and Transient Merchants TMC 7.70 for the following reasons: •Several nearby jurisdictions have made revisions to their code in recent years and some of the proposed changes will more closely align Tigard with current best practice. •Some of the definitions in the code were unclear, so care was taken to clarify them. One will add a protection to cover a part of the market that was previously overlooked. Another makes a change to current best practice used in other jurisdictions. • Changes in the code will provide tools for law enforcement to be more efficient in the recovery of stolen items which occasionally show up in Secondhand Dealer businesses. • Changes will allow for dealers to become more competitive with businesses in other jurisdictions by allowing a shorter hold period for items they buy, if they follow some of the proposed changes. Dealers will be required to enter into a regional database. A provision was added for those current businesses defined as occasional dealers to be exempted from this. •Protections for Tigard Dealers are proposed to guarantee they will be listed crime victims when property is seized from them. This places them in line for restitution from the courts. All of the regular secondhand dealers were given copies of the proposed code and a summary of changes. All of them were either in support or neutral on the changes proposed. No negative feedback was heard from any dealer in the city on the proposed changes. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Exhibit A TMC 7.70 • TIGARD MUNICIPAL CODE Chapter 7.70 SECONDHAND DEALERS efforts of legitimate secondhand dealer AND TRANSIENT businesses, this risk is present because these MERCHANTS.* businesses process large volumes of goods and materials that are frequently the subject of theft. Sections: This Chapter is intended to reduce this type of criminal activity by providing timely police 7.70.010 Purpose. awareness of such property transactions and by 7.70.020 Definitions. regulating the conduct of persons engaged in this 7.70.030 iirl' leen-s„Secondhand business activity. These regulations are necessary Dealer License Regah'ed, and the need for the regulations outweighs the 7.70.035 Minimum Standards. regulatory effect that may result from their 7.70.040 Application for Special- rise adoption.(Ord.09-07§ 1). Secondhand Dealer License. 7.70.045 Surety Bond Required. 7.70.020 Definitions 7.70.050 Issuance and Renewal of Spreixl-Permit Secondhand As used in this Chapter, unless the context Dealer License. requires otherwise: 7.70.060 S:peeial-Liecwse-Secondhand Dealer License Fees. 1. "Acceptable identification"means either 7.70.070 Subsequent Locations a current driver's license, a State of Oregon 7.70.080 Reporting of Secondhand Identification Card issued by the Department of Dealer Transactions. Motor Vehicles, or two current United States, 7.70.090 Regulated Property Sale state - or local government-issued identification Limitations cards,one of which has a photograph of the seller. 7.70.100 Tagging Regulated Property for Transactions which are accompanied by a Identification. thumbprint require only one current United States, 7.70.110 Inspection of Property and state, or local government-issued identification Records card which has a photograph of the seller. 7.70.120 Prohibited Acts. 7.70.130 Civil Penalties. 2. "Acquire"means to take or transfer any 7.70.140 Revocation or Suspension of interest in personal property in a voluntary Peenri4Secondhand Dealer transaction, including but not limited to: sales; License. consignments;memoranda between a Dealer and 7.70.150 Appeals. a private party seller,leases;trade-ins; loans;and 7.70.155 Administrative Policies and abandonments. "Acquire' also means to take or Procedures. transfer any interest in precious metals, in a voluntary transaction, for the purpose of •Prior ordinance history:Ord.Nos.02-05,83-26. refinement. Any acquisition of regulated property by a Dealer will be presumed to be an acquisition 7.70.010 Purpose. on behalf of the Secondhand Dealer business. Notwithstanding the foregoing."acquire"does not The purpose of adopting this Chapter is to include: regulate certain business activities that present an extraordinary risk of being used by criminals to dispose of stolen property. Despite the best t Any loans roe in compliance e licensed with state laws by persons licensed as 7-70-1 Code Update 8/09 TIGARD MUNICIPAL CODE pawnbrokers by the State of Oregon;or (2) Pawnbroker licensed under the b. Memoranda between a Secondhand Oregon Pawnbroker's Act, ORS 726.020, Dealer and a person engaged in the business of 726.990. selling regulated property. h. Dealers that acquire or offer for 3. "Business Location"means any physical sale not more than 50 items of regulated property location where the Dealer conducts business. in any one-year period will be categorized as an "Occasional Secondhand Dealer." The term 4. "Chief of Police"means the Chief of the "Dealer"in this Chapter and all regulations herein Tigard Police Department or his/her designee. refer to Secondhand Dealers. Occasional Secondhand Dealers and Pawnbrokers unless 5. "Criminal arrests or a conviction"refers specifically stated otherwise. to any offense defined by the statutes of the State of Oregon or ordinances of the City of Tigard, c. "Dealer"does not include: unless otherwise specified. Any arrest or conviction for conduct other than that denoted by (l 1 A business whose acquisitions the statutes of the State of Oregon or ordinances of regulated property consist exclusively of of the City of Tigard,as specified herein,will be donated items and/or purchases from 501(C)3 considered to be equivalent to one of such organizations;or offenses if the elements of such offense for which the person was arrested or convicted would have (2) A person whose only business constituted one of the above offenses under the transactions with regulated property in the City of applicable Oregon statutes or City of Tigard Tigard consist of the sale of personal property ordinance provisions. acquired for household or other personal use;or 6. "Dealer"or"Secondhand Dealer" (3) A person whose only business transactions with regulated property in the City of a. Means any: Tigard consist of a display space, booth,or table maintained for displaying or selling merchandise (I) Sole Proprietorship. partner- at any trade show, convention, festival, fair, ship, limited partnership, family limited partner- circus, market, flea market,swap meet or similar ship,joint venture, association, cooperative, trust, event for less than 14 days in any calendar year. estate, corporation, personal holding company, limited liability company, limited liability 7. "Held Property" means any regulated partnership or any other form of organization for property that cannot be sold, dismantled or doing business and that either: otherwise disposed of for a prescribed period of time as more specifically enumerated in Section (i) Acquires regulated pro- 7.70.090. perry at or from business locations within the City of Tigard. or on behalf of such a business 8. "Investment purposes" means the regardless of where the acquisition occurs,or purchase of personal property by businesses and the retention of that property in the same form as (ii) Offers for sale regulated purchased, for resale to persons who are property. purchasing the property primarily as an 7-70-2 Code Update 8/09 TIGARD MUNICIPAL CODE investment. of theft, including new items as defined in this section as well as used items such as precious 9. "Medication" means any substance or metals, precious gems, watches, sterling silver, preparation,prescription or over-the-counter,used electronic equipment, photography equipment, in treating or caring for ailments and/or conditions tools, musical instruments and cases, firearms, in humans or animals. sporting equipment,and household appliances. In order to enhance the Police Department's ability 10. "New" means anything conspicuously to reduce property crimes and recover stolen not used. goods, a list of regulated property mty_ hers included in the Administrative Policies and 1l. "Pawnbroker" means any business P , and shall be updated required by Oregon Revised Statute 726.040 to by the Chief of Police. A hold an Oregon pawnbroker's license, copy will be kept on file in the Police Department. Pawnbrokers are required by Chapter 730 to have a Secondhand Dealer Permit. As a Dealer, all 44+17. "Re manufactured"means that an item transactions occurring within their business has been altered to the degree that the main (loans, buys, or consignments) are subject to all components are no longer identifiable as the requirements within this Chapter unless otherwise original item. stated. 4-718. "Seller"means any person who: 12. "Person"means a natural person. a. Offers items of regulated property 13. "Principal"means any person who will in exchange for money or other property; or as be directly engaged or employed in the collateral for a loan;or management or operation of the Secondhand Dealer business, including any owners and any b. Donates or abandons items of' shareholders with a five percent or greater interest regulated property. in the company. +gjY. 'Trade Show"means an event open to 14. "Receive means to take property into the the public, held in a venue other than a Dealer's inventory,possession,or control of a Dealer. business location, at which vendors of a specific type of merchandise may exhibit, buy, sell, or 15. A"Registered Business"must be: trade items that may include regulated property. a. Registered with the Secretary of Events commonly known as flea markets or swap- I no,.,,8U mt Mere:Left 0.06',First line: State Corporate Division or its equivalent in the meets, in which goods of many types are 034',Numbered+Level:1+Numbering state where the business is located:and exhibited, sold or traded,are not considered trade a,n,c,.o+start at:t+ 0,85 Alignment Left +ANpted at 0.6'+Indent at 1185' shows for the purpose of this Chapter. • - _ b. In compliance with the City of - Formatted:extent:left: 085' Tigard business license registration requirements. W20. "Transaction Report" means the Formatted:Indent:Left: 0",First line: :word of the information required by Section Metered+Level:1+Numbering Style e,b, ec e,-.+start at t+Aagnme nt:Left+Nowt 7.70.080, transmitted to the Tigard Police e� 06^+indent at 0.85' 16. "Regulated property means property of Department by the means required in Section a type that has been determined by the Chief of 7.70.080. Police to be property that is frequently the subject 7-70-3 Code Update: 8/09 TIGARD MUNICIPAL CODE I `Transient Merchant" means any License shall be required in addition to a business person: license or special certificate required by Chapter 5.04 of the Tigard Municipal Code,or any other a. Engaged in the business of City license OT permit. purchasing or acquiring regulated property from business locations within the City of Tigard; 2. Dealers that acquire or offer for sale not mere than 50 items of regulated property in any b. Engaged as an itinerant or one-year period are categonzed as an"Occasional temporary business under the provisions of the Secondhand Dealer." Upon acquiring or offering Tigard Municipal Code,Chapter 5.04;and for sale more than 50 items of regulated property during any one-year period, an Occasional c. Engaged in the business of Secondhand Dealer shall apply for and obtain a purchasing such regulated property from any Re'g1 Secondhand Dealer eiuLicense and person not representing a business which is comply with all the regulations of a secondhand required to be issued a business license or special dealcr before acquiring any more items of certificate under Chapter 5.04 of the Tigard regulated property. Municipal Code, and who appears with such articles at the Dealer's place of business. 3. Any person or business that advertises or otherwise holds him/herself out to be acquiring 2122 "Used" means anything that has or offering for sale regulated pmperty within the been put into action or service. City of Tigard will be presumed to be operating as a Dealer subject to the terms of Chapter 7.70. 2-2,23 "PPDS" (Portland Police Data System) means the computerized record keeping 4. The sale of regulated property at events system the Tigard Police Department utilizes to commonly known as"garage sales,""yard sales," manage data, including, but not limited to, or"estate sales"is exempt from these regulations Secondhand Dealers' transaction reports_ .:n i if all of the following are present: includes the Rcg.IIN record keeping system.(Ord. 09-07§ 1). a. No sale exceeds a period of 72 consecutive hours;and 24. "RAPID" (Northwest Retinal Automated information Database) means the b. No more than four sales are held at co putenzed, web-based record keeping system the same location in any 12-month period. (Ord. the Tigard Police Department utilizes to manage 09-07§ I). data pertaining to Secondhand Dealers' transaction report& 7.70.035 Minimum Standards. 7.70.030 Speeded License—Secondhand I. No person or business may operate as a Dealer License Required. Dealer within the City of Tigard unless the person or business maintains a fixed physical business 1. No parson or business shall engage in, location. conduct or carry on a secondhand dealer business in the City of Tigard without a valid Secondhand 2. Dealers shall comply with all applicable Dealer f+paelei–License issued by die City of federal, state and local regulations.(Ord.09-07§ Tigard. A specie]_license--Secondhand Dealer 1). 7-70-4 Code Update, 8/09 TIGARD MUNICIPAL CODE history of the applicant,and 7.70.040 Application for cp elal' 'c,e rrilluni l ;rr:+ler License. (2) Whether the applicant or any principal has ever had any business-related license :. An applicant for a special Liaen..c or permit revoked or suspended, the reasons ndhand Dealer License shall complete and therefore,mid the business activity or occupation submit an application(including required personal of the applicant or principal subsequent to the history forms) that sets forth the following suspension or revocation; information: h. Whether the applicant will be a sole a. The name, address, telephone proprietorship, partnership, limited partnership, number, birth date and principle occupation of all family limited partnership, joint venture, owners and any person who will be directly association, cooperative, trust,estate, corporation, engaged or employed in the management or personal holding company, limited liability operation of the business or the proposed company,limited liability partnership or any other business; form of organization for doing business. b. The name, address and telephone (1) If a partnership, the applica- number of the business or proposed business and a tion must set forth the names, birth dates, description of the exact nature of the business to addresses, telephone numbers, and principle be operated; occupations, along with all other information required of any individual applicant, of each c. The Web address of any and all partner,whether general,limited,or silent,and the Web pages used to acquire or offer for sale respective ownership shares owned by each. regulated property on behalf of the Dealer, and any and all Internet auction account names used to (2) If a corporation, or limited acquire or offer for sale regulated property on liability company, the application must set forth behalf of the Dealer, the corporate or company name, copies of the articles of incorporation or organization and the d. Written proof that all principals are corporate by-taws or operating agreement,and the at least 18 years of age; names,addresses, birth dates,telephone numbers, and principle occupations, along with all other e. Each principal's business occu- information required of any individual applicant, pation or employment for the three years of every offiicer, director, members or managers, immediately preceding the date of application; and shareholder(owning more than five percent of the outstanding shares) and the number of f. The business license and permit shares held by each; history of the applicant in operating a business identical to or similar to those regulated by t. If the applicant does not own the Chapter 7.70; business premises, a true and complete copy of the executed lease(and the legal description of the g. A brief summary of the applicant's premises to be permitted)must be attached to the business history in any jurisdiction including: application; (1) The business license or permit j. All arrests or convictions of each 7-70-5 Code Update: R/09 TIGARD MUNICIPAL CODE principal enumerated in Subsection 1 of this fraudulent, or misleading representations of the Section; transient merchant in the conduct of his/her business.(Ord.09-07§ I). k. Upon request, principals and employees shall submit to the Tigard Police 7.70.050 Issuance and Renewal of Department the following information: peeial-lrermitbecondhand fingerprints, passport-size photographs, and a Dealer License. copy of the signature initials to be used by persons on transaction report forms. Principals and L Upon the filing of an application for a employees must submit new photos if requested to Secondhand do so by the Tigard Police Department; Dealer License and payment of the required fee, the Chief of Police shall conduct an investigation 1. Any other information that the of the applicant and all principals and employees Chief of Police may reasonably feel is necessary listed according to the requirements in Section to accomplish the goals of this Chapter. 730.040. The Chief of Police shall issue the llicense within 90 days of receiving the 2. The Secondhand Dealer shall notify the application if no cause for denial exists. Chief of Police of any changes in the information required in Subsection 1 of this Section within 10 2. Except as provided in Section 7.70.050 business days. the Chief of Police shall deny an application for a Secondhand Dealer Special License if any of the 3. New employees of Dealers shall following apply: complete and submit the personal history form as required in Subsection 1 of this Section. a. The applicant, or any person who Employees may not acquire regulated property will be directly engaged in the management or until all required information has been reviewed operation of the business,or any person who owns and approved by the Tigard Police Department. a five percent or more interest in the business,has The criteria used to review a new employee will previously owned or operated a business regulated be the same as those used in the review of an by Chapter 7.70,and initial application in Chapter 7.70. (I) The license or permit for the 4. The personal and business information business has been revoked for cause that would be contained in the application forms required grounds for revocation pursuant to Chapter 7.70, pursuant to Section 7.70.040 are subject to the or requirements of the Oregon Public Records Law, ORS 192.410 et seq.(Ord.09-07§ 1). (2)The business has been found to constitute a public nuisance and abatement has 7.70.045 Surety Bond Required. been ordered; No person shall engage in business as a b. Any person listed on the initial transient merchant until such merchant has filed application or renewal application has been with the City Recorder of the City a 10,000 convicted of one or more of the offenses listed bond,with a surety company licensed to do below or has violated any section of Chapter 7.70. business in the State of Oregon as surety, for the The offenses include: benefit of any person damaged by false, 7-70-6 Code Update: 8/09 TIGARD MUNICIPAL CODE (1) Any felony. factor is not likely to recur;or (2) Any misdemeanor or violation b. The behavior evidenced by such involving either bribery, controlled substances, factor is remote in time;or deception, dishonesty, forgery, fraud, or theft, or any attempt or conspiracy to commit any of the c. The behavior evidenced by such listed offenses; factor occurred under circumstances that diminish the seriousness of the factor as it relates to the c. The Chief of Police finds by a purpose of Chapter 7.70. preponderance of the evidence that the applicant or any principal or employee has committed any 4. offense relating to fraud, theft or any attempt or 'eeundhapd Dealer Licenses are valid for one conspiracy to commit theft, or any offense listed year and expire at 12:00 a.m.on January 15th of I in Section 7.70.120; each year. The pemilia —license_ are nontransferable and are valid only for a single d. The Chief of Police finds by a business location. When the business location is preponderance of the evidence that the applicant to be changed, the ter-n»t hLeme holder shall or any principal or employee who will be involved provide the address of the new location in writing in the business has violated any law where the to the Chief of Police for approval at least 14 days elements of such law are equivalent to the prior to the change. provisions of Chapter 7.70; 5. bn end---Dealer—Special--hieense, e. Any statement in the application is Secondhand Dealer Licenses must be displayed at false or any required information is withheld;or the business location in a manner readily visible to patrons. f. The Chief of Police finds by a preponderance of the evidence that the applicant, 6. Upon denial of an application for a or any person who will be directly engaged or Seeendhai+o--=t,1e:, eeiel-I,,t n'- ondhxrn. employed in the management or operation of the Dealer License.the Chief of Police shall give the business, or any person who owns a five percent applicant written notice of the denial. or more interest in the business, has previously owned or operated a business regulated by a. Service of the notice will be Chapter 7.70 or any laws or statutes equivalent to accomplished by mailing the notice to the the provisions of Chapter 7.70, and the business applicant by certified mail, return receipt has violated applicable state, federal or local requested. requirements,including permitting requirements. b. Mailing of the notice will be prima 3. Notwithstanding Section 7.70.050, the facie evidence of receipt of the notice. Chief of Police may grant a permit after consulting with the City Council despite the c. The denial will be effective the date presence of one or more of the enumerated factors the notice is sent. if the applicant establishes to the Chief of Police's reasonable satisfaction that: 7. Denial of a permit--license may be appealed by filing written notice of an appeal a. The behavior evidenced by such within 10 days of the date of denial in accordance 7-70-7 Code Update: 8/09 TIGARD MUNICIPAL CODE with Section 7.70.150.(Ord.09-07§ 1). a. In any such case that the Chief 7.70.060 Special ' i erase Secondhand directs that the information be transmitted via Dealer License Fees. computer media, the Chief may also direct the system that will be utilized in order to ensure Every Dealer shall complete and submit all conformity among all Secondhand Dealers. required forms to the Chief of Police and pay a secondhand dealers shall enter their transactions non-refundable fee as set forth by the City of into RAPID, Tigard's designated reporting Tigard Master Fees and Charges Schedule. (Ord. system. 09-07§ 1). 7.70.070 Subsequent Locations I. Dealers must file an application for a of Poliea'- penn+t—license for a subsequent or additional business location with the Tigard Police b. If, after establishing the format and Department and pay a non-refundable fee as set requirements for the transmission of computerized forth in the City of Tigard Master Fees and reports of transactions, the Chief of Police alters Charges Schedule; provided the information the required format, Dealers will be given at least required for the subsequent or additional business 60 days to comply with the new format location is identical to that provided in the requirements. If unable to implement the application for the prior location with the reporting system before the deadline, a Dealer exception of that required by Section 7.70.040. must submit a written request for additional time to the Chief of Police before the deadline. 2. Secondhand Dealer Licenses issued for c. Pawnbrokers are required to report subsequent or additional business locations will be only new transactions. Loan renewals do not need subject to all the requirements of this Chapter,and to be reported. the term of the tip—license issued for a l subsequent or additional location will expire on 2. The following apply to Occasional the same date as the initial permit. (Ord. 09-07 § Secondhand Dealers: 1). a. Occasional secondhand dealers 7.70.080 Reporting of Secondhand ma v request an exemouon from usme RAPID. Dealer Transactions. The exemption will- allow Occasional Secondhand Dealersine-theat to.as an alternative, I. Dealers shall provide to the Tigard submit their ransae io s on a ransaction Mott Police Department all required information as set fcform created by the Chief of Polices, The forth by the Tigard Police Department for each requesj for this exemption must be n11D regulated property transaction (not including writinti.44 the Chicf.gfj. Sc. sales). The Chief of Police may designate the format for the transfer of this information and may N._ The Tigard Police Department will direct that it be communicated to the Criminal provide all Secondhand Dealers with Investigations Unit by means of mail,the Internet, transaction report forms at cost until 60 days after or other computer media. such time that the Chief of Police directs a change 7-70-It Code Update: 8/09 TIGARD MUNICIPAL CODE in the reporting method. The Chief of Police may acquisition occurs;-and specify the format of the transaction report form. • -- ( Uay Indent Lett 0.5. Fast km: The Chief of Police may require that the ii Include a description in the• . ',Mgr j transaction report form include any information RAPID entry of the degree of - r trotwutaaa Itdult Litt 1.2' I relating to the regulations of this Chapter. Dealers detail for the type of item as may utilize their own forms, in lieu of those required in the Administrative supplied by the Tigard Police Department, if the Policies and Procedures and Chief of Police has approved such forms, The Tigard Municipal Code 7.70; Declaration of Proof of Ownership will be and considered to be included in references in this • -'Formatted:ListParagraph,Lstt,Watt Pat Chapter to the transaction report form, as iii Include a digital photograph tine:.9�rnt nob trloleOrnutrAsriq, appropriate,(Ord.09-07§ 1). of sufficient size and focus to _.. identify the item and i Pleolatted:Ihdee ten: 1.2" 7.70.090 Regulated Property Sale distinguish it from similar Limitations. items and that clearly shows any legible serial number on 1. Regulated property is subject to the the item in the RAPID entry; following limitations: end _ Formatted:tilt Paragraph,Left Indent:First a. Holding Period. Regulated iv Comply with all remainit '-„ line. 0.94", NO bolts er nurnberng, property acquired by any Secondhand Dealer must requirements in theDMrO"corer's! 1 be held for a period of 30 full days from the date Administrative Policies and ' Formatted:Indent RIM Me: 0.63• of acquisition. Pawnbroker loan transactions are Procedures. Formatted:Indent tuft: 1.2" exempt from the 30-day hold requirements of • Formatted:Lilt Paragraph Let,Index Nast Section 7.70.090 because of the redeemable (2) A Dealer may be required to Ire: 0.94", teo bulks Of numbering, nature of the loans and the holding requirements reinstate a 30-day hold period if an examination of widow/Orp'anconbd f in ORS 726, However,if the loan is converted to RAPID entries reveals a pattern of insufficient a buy by the pawnbroker within 30 days from the item descriptions or insufficient photographs. date of the pawn transaction, the difference between the original dale of the pawn and the buy cb. Requirements of Held Property. will count toward the 30-day hold requirement All held property must remain in the same form as All other provisions of Section 7.70.090 remain in when received, must not be sold, dismantled or effect. otherwise disposed of, and must be kept separate and apart from all other property during the b. The following sections apply to the holding period to prevent theft or accidental sale hold penod; and to allow for identification and examination by the Tigard Police Department Held property (1) The hold period for items may must be kept at the business location•,■here ii was•- {P.maned:Ibdett Heft ow 0.53" be reduced from 30 days to 20 days if the item acquired (including hotels or temporary event either displays a complete legible serial number; local ions)dining this holding period so that it can or is an item of tewelry; or is precious metal be inspected during normal business hours (as scrap. The Dealer must: provided in Section 7.70.110). Held property, other than property on Police Hold, may be held- y a P usettse:It de gy Indent tat 0', p: 0.56' r Rcnon the acquisition into in a place within public view,as long as the other ,penmelted:lydrte iat ix i RAPID on the same day the requirements of Section 7.70.090,Subsection 1.b, 7-70-9 Code Update: 8/09 TIGARD MUNICIPAL CODE are met. dispose of any item of regulated property under Police Hold at least 10 days prior to doing so. Held property requirements do not apply if: a. A Police Hold area must meet the following criteria: (1) The property is received from a Secondhand Dealer regulated by the City of (1) Located out of public view Tigard who has already satisfied the holding and access,and requirements of this Chapter and the Dealer records the original transaction report number on (2) Marked"Police Hold,"and the transaction report completed for the new transaction:or (3) Contain only items that have been put on Police Hold. (2) If a customer, who onginally purchased property from a Secondhand Dealer, b. Dealers may maintain up to three returns it to that Dealer with the original receipt. Police Hold areas as necessary for the safe storage of high value items, physically large items, and 2, Notwithstanding Section 7.70.090, the general merchandise put on Police Hold. Chief of Police may determine that certain types of transactions pose a reduced risk of being an c. If it is not possible or practical to outlet for the sale of stolen property and therefore move an item to or store an item in the Police may modify the hold period and/or reporting Hold area, a Dealer may submit a written request requirements for those types of transactions. to the Chief of Police for approval to keep the Those transactions and the modified requirements item with other held property. Approval may be are described in Section 7.70.120. granted with the understanding that the item will be clearly marked as being on Police Hold and 3. Upon reasonable belief that an item of kept from public view and access. regulated property is the subject of a crime, any peace officer may provide notice to any Dealer 4. Upon probable cause that an item of that a specifically described item of regulated property is the subject of a crime, the Chief of property must be held in a separate Police Hold Police may take physical custody of the item or area for a period not to exceed 30 days from the provide written notice to any Dealer to hold such date of notification, and is subject to the property for a period of time as determined by the requirements of Section 7.70.090,Subsection 1.b, Chief of Police : any I igard l. ,,,not to above. The hold may be extended an additional exceed the statute of limitations for the crime 30 days upon notice provided to the Dealer that being investigated. Any property placed on hold additional time is needed to determine whether a pursuant to this subsection is subject to the specific item of regulated property is the subject requirements found in Section 7.70.090, of a crime. The Dealer shall comply with the hold Subsection I.b, and will be maintained in the notice and notify the Tigard Police Department Police Hold area unless seized or released by the Cnntinal Investigations Unit of the hold notice no "olice. Seizure of property will be earned out in later than five calendar days from the day the accordance with Oregon Revised Statutes. notice was received, either by telephone, fax, e- mail or in person. A Dealer must notify the 5. Reins held or seized under I MC Criminal Investigations Unit of his/her intent to 7.70.090. Section 4, may not he released to 7-70-10 Code Update. 8/09 TIGARD MUNICIPAL CODE anyone other than the Dealer unless the property initials, or other identifying marks which have is released to: been destroyed or are illegible due to obvious normal use, the Dealer shall continue to hold the a. Another law enforcement agency property at the business location for a period of 90 that has provided documentation to the full days after acquisition. The Dealer must notify satisfaction of the Chief of Police of the stolen the Tigard Police Department by writing"90 day status of the property;or hold"next to the item on the transaction report or by an electronic means approved by the Tigard b. A person who reported the property Police Department. The held property must as stolen when all of the following are present, conform to all the requirements found in Section ittA 7.70.090,Subsection 1.b. I I A stolen property report has If a Dealer receives information that been filed with a law enforcement agency where leads to an objectively reasonable basis to believe making an untruthful report is a violation of the that any property already at his/her business law,and location has been previously lost or stolen,he/she 121 A notice has been delivered to must report that belief to the Tigard Police the Dealer holding the property or from whom the Department by day's end. The notice must property was seized. include the transaction report number and any additional information regarding the name of the (i) The notice required by owner,if known. this subsection will state that the property is being released to the person who has filed the stolen 8-7. if a peace officer employed by an property report. agency other than Tigard seizes any property from a Dealer,the Dealer must notify the'fgard Police liil The notice required by Department of the seizure no later than five this subsection will be sent electronically with a calendar days from the day the seinire occurs. request for acknowledgement, or delivered in The Dealer must provide the name of the agency, person to the Dealer at the email or physical the name of the peace officer, the number of the address shown on the Dealer's permit application receipt left for the seizure,and the seized property or most recent permit renewal application,and to information. Notification to the Tigard Police the pawner/seller at the address shown in the Department may be given by telephone, fax, transaction report required by TMC 7.70. The email,or in person.(Ord.09-07§ I). Chief of Police may release property to the owner after the notice required by this subsection has 7.70.100 Tagging Regulated Property for been delivered: proof of receipt of the notice is Identification. not reoutred. Dealers shall affix a tag to every item of Oil The failure of any person regulated property, which must contain a unique, to receive the notice required in this subsection legible number. That unique number must either will not invalidate or otherwise affect the be the same as the transaction report number for proceedings of this subsection. that item or be referenced to the transaction report required by the Tigard Police Department- After try. If a Dealer acquires regulated property the holding period has expired, the transaction with serial numbers, personalized inscriptions or number must remain identifiable on the property 7-71i-II Code Update 8/09 TIGARD MUNICIPAL CODE until the sale of the property. employee or Dealer has been given notice by law enforcement as having been convicted of 1. After the applicable holding period has burglary, robbery, theft or possession of or expired. hand tools, or items that are sold with receiving stolen property within the past 10 years other like items and have no identifiable numbers whether the person is acting in his/her own behalf or markings need not remain tagged. or as the agent of another who meets the above criteria; 2. After the applicable holding period has expired, items that are remanufactured need not b. To receive property prohibited by remain tagged.(Ord.09-07§ 1). this Chapter,including: 7.70.110 Inspection of Property and (I) Medications, Records. (2) Gift cards, in-store credit Upon presentation of official identification,a cards,or activated phone cards, Dealer shall allow any representative of the Tigard Police Department to enter the business (3) Property with serial numbers, location to ensure compliance with the provisions personalized inscriptions or initials or other of Chapter 7.70. The inspection will be for the identifying marks that appear to have been limited purpose of inspecting the business intentionally altered or rendered illegible; location,regulated property,and related records as provided in this Chapter. Except by mutual c. To receive property that a agreement with the Dealer or by court order, any reasonable person under similar circumstances inspection under this Section may occur only would believe is more likely than not stolen_ during the Dealer's normal business hours. (Ord. Determination regarding whether or not an item is 09-07§ 1). found to be stolen will not be used as a factor to determine whether a Dealer has violated this 7.70.120 Prohibited Acts. subsection. 1. It is unlawful for any person regulated 2. Any violation of Chapter 7.70 is by Chapter 7.70: punishable,upon conviction,by a Fine of not more than $500.00 and a jail sentence of up to six a. To receive any property from any months.(Ord.09-07§ I). person: 7.70.130 Civil Penalties. (1) Known to the principal, employee or Dealer to be prohibited from selling 1. The Chief of Police may assess civil by a court order, penalties in an amount up to $500.00 for each violation of Chapter 7.70. (2) Under the age of 18 years unless the person's parent or guardian completes 2. Procedure. the applicable information on the Declaration of Proof of Ownership, a. The Chief of Police having made a determination to seek civil penalties as provided (3) About whom the principal, by this Section, shall give the Dealer written 7.70.:2 Code Update: 8/09 TIGARD MUNICIPAL CODE notice of the determination. d. If payment of civil penalties has not been received by the City of Tigard within 10 b. Service of the notice will be business days after the penalty becomes final;or accomplished by mailing the notice by regular and certified mail, return receipt requested e. If any statement contained in the pe! ,cai service by any sworn member of fi.c application for the permit is false. 1 igard Police Department. 2, The Chief of Police,upon revocation or c. Mailing of the notice will be prima suspension of any permit issued pursuant to this facie evidence of receipt of the notice. Chapter,shall give the Dealer written notice of the revocation or suspension. d. The civil penalty will be due-144-3__Q days from the date of the notice unless such civil a. Service of the notice will be penalty is appealed in accordance with Section accomplished by mailing the notice by regular and 7.70.150.(Ord.09-07§ I). certified mail,return receipt requested. 7.70.140 Revocation or Suspension of b. Mailing of the notice by regular Per-mit Secondhand Dealer mail will be prima facie evidence of receipt of the l iccnu•. notice. I. Along with the other regulatory 3. Revocation will be effective and final 10 enforcement authority granted under this Chapter, days after the giving of notice unless the the Chief of Police may,after consulting with the revocation is appealed in accordance with Section City Council, revoke or suspend any +u.+ 7.70.150 issued pursuant to this Chapter 4. Suspension will be effective immediately upon the giving of notice, for the a. For any cause that would be period of time set in the notice not to exceed 30 grounds for denial of a permit; days.(Ord.09-07§ 1). b. Upon finding that any violation of 7.70.150 Appeals. the provisions of this Chapter, federal, state or other local law has been committed and the 1. Any Dealer or person whose initial violation is connected with the operation of the application or renewal application for a 4peeie4 permitted business location so that the person in Li..e i e Secondhand Dealt I ,. has been charge of the business location knew, or should denied, or whose license has been revoked or reasonably have known, that violations or suspended,or who has been directed to pay a civil offenses were permitted to occur at the location by penalty by the Chief of Police, may appeal the the Dealer or any principal or employee engaged action of the Chief of Police to the Civil or employed in the management or operation of Infractions Hearing Officer in accordance with the business location;. Chapter 1.17 of the Tigard Municipal Code. c. A lawful inspection has been 2. The filing of a notice of appeal of refused; - revocation or suspension of a penualicense,or of a civil penalty imposed by the Chief of Police 7-70-13 Code Update: 8/09 TIGARD MUNICIPAL CODE under this Chapter,will stay the effective date of the action until the Civil Infractions Hearing Officer has issued an opinion.(Ord.09-07§1). 7.70.155 Adadnistradve Policies and Procedures. 1. Th Chief of Polite may,by rule,implement the requirements and specifications of this chapter Administrative Policies and Procedures stentmme from this Chapter. ,will be maimained by the Tigard Police Department and copies will be provided to all Dealers. 2. rho Chief of Polioo shall ntakeevailable weo- on plet aonitt lath-tn e€•feer.(Ord 09-07§I).• 7-70-14 Code Update: 8/09 TIGARD MUNICIPAL CODE Chapter 7.70 SECONDHAND DEALERS businesses process large volumes of goods and AND TRANSIENT materials that are frequently the subject of theft. MERCHANTS.* This Chapter is intended to reduce this type of criminal activity by providing timely police Sections: awareness of such property transactions and by regulating the conduct of persons engaged in this 7.70.010 Purpose. business activity. These regulations are necessary 7.70.020 Definitions. and the need for the regulations outweighs the 7.70.030 Secondhand Dealer License regulatory effect that may result from their Required. adoption.(Ord.09-07 § 1). 7.70.035 Minimum Standards. 7.70.040 Application for Secondhand 7.70.020 Definitions. Dealer License. 7.70.045 Surety Bond Required. As used in this Chapter, unless the context 7.70.050 Issuance and Renewal of requires otherwise: Secondhand Dealer License. 7.70.060 Secondhand Dealer License 1. "Acceptable identification"means either Fees. a current driver's license, a State of Oregon 7.70.070 Subsequent Locations. Identification Card issued by the Department of 7.70.080 Reporting of Secondhand Motor Vehicles, or two current United States, Dealer Transactions. state - or local government-issued identification 7.70.090 Regulated Property Sale cards, one of which has a photograph of the seller. Limitations. Transactions which are accompanied by a 7.70.100 Tagging Regulated Property for thumbprint require only one current United States, Identification. state, or local government-issued identification 7.70.110 Inspection of Property and card which has a photograph of the seller, or a Records. current passport from any country. 7.70.120 Prohibited Acts. 7.70.130 Civil Penalties. 2. "Acquire" means to take or transfer any 7.70.140 Revocation or Suspension of interest in personal property in a voluntary Secondhand Dealer License. transaction, including but not limited to: sales; 7.70.150 Appeals. consignments; memoranda between a Dealer and 7.70.155 Administrative Policies and a private party seller; leases; trade-ins; loans; and Procedures. abandonments. "Acquire" also means to take or transfer any interest in precious metals, in a *Prior ordinance history:Ord.Nos.02-05,83-26. voluntary transaction, for the purpose of refinement. Any acquisition of regulated property 7.70.010 Purpose. by a Dealer will be presumed to be an acquisition on behalf of the Secondhand Dealer business. The purpose of adopting this Chapter is to Notwithstanding the foregoing,"acquire" does not regulate certain business activities that present an include: extraordinary risk of being used by criminals to dispose of stolen property. Despite the best a. Any loans made in compliance efforts of legitimate secondhand dealer with state laws by persons licensed as businesses, this risk is present because these pawnbrokers by the State of Oregon;or 7-70-I Cade Update: 8/09 TIGARD MUNICIPAL CODE (2) Pawnbroker licensed under the b. Memoranda between a Secondhand Oregon Pawnbroker's Act, ORS 726.020, Dealer and a person engaged in the business of 726.990. selling regulated property. b. Dealers that acquire or offer for 3. "Business Location" means any physical sale not more than 50 items of regulated property location where the Dealer conducts business. in any one-year period will be categorized as an "Occasional Secondhand Dealer." The term 4. "Chief of Police" means the Chief of the "Dealer" in this Chapter and all regulations herein Tigard Police Department or his/her designee. refer to Secondhand Dealers, Occasional Secondhand Dealers and Pawnbrokers unless 5. "Criminal arrests or a conviction" refers specifically stated otherwise. to any offense defined by the statutes of the State of Oregon or ordinances of the City of Tigard, c. "Dealer"does not include: unless otherwise specified. Any arrest or conviction for conduct other than that denoted by (1) A business whose acquisitions the statutes of the State of Oregon or ordinances of regulated property consist exclusively of of the City of Tigard, as specified herein, will be donated items and/or purchases from 501(C)3 considered to be equivalent to one of such organizations;or offenses if the elements of such offense for which the person was arrested or convicted would have (2) A person whose only business constituted one of the above offenses under the transactions with regulated property in the City of applicable Oregon statutes or City of Tigard Tigard consist of the sale of personal property ordinance provisions. acquired for household or other personal use;or 6. "Dealer"or"Secondhand Dealer" (3) A person whose only business transactions with regulated property in the City of a. Means any: Tigard consist of a display space, booth, or table maintained for displaying or selling merchandise (1) Sole Proprietorship, partner- at any trade show, convention, festival, fair, ship, limited partnership, family limited partner- circus, market, flea market, swap meet or similar ship,joint venture, association, cooperative, trust, event for less than 14 days in any calendar year. estate, corporation, personal holding company, limited liability company, limited liability 7. "Held Property" means any regulated partnership or any other form of organization for property that cannot be sold, dismantled or doing business and that either: otherwise disposed of for a prescribed period of time as more specifically enumerated in Section (i) Acquires regulated pro- 7.70.090. perry at or from business locations within the City of Tigard, or on behalf of such a business 8. "Investment purposes" means the regardless of where the acquisition occurs,or purchase of personal property by businesses and the retention of that property in the same form as (ii) Offers for sale regulated purchased, for resale to persons who are property. purchasing the property primarily as an investment. 7-70-2 Code Update: 8/09 TIGARD MUNICIPAL CODE as precious metals, precious gems, watches, 9. "Medication" means any substance or sterling silver, electronic equipment, photography preparation, prescription or over-the-counter, used equipment, tools, musical instruments and cases, in treating or caring for ailments and/or conditions firearms, sporting equipment, and household in humans or animals. appliances. In order to enhance the Police Department's ability to reduce property crimes 10. "New" means anything conspicuously and recover stolen goods, a list of regulated not used. property may be included in the Administrative Policies and Procedures, and shall be updated by 11. "Pawnbroker" means any business the Chief of Police. A copy will be kept on file in required by Oregon Revised Statute 726.040 to the Police Department. hold an Oregon pawnbroker's license. Pawnbrokers are required by Chapter 7.70 to have 17. "Remanufactured" means that an item a Secondhand Dealer Permit. As a Dealer, all has been altered to the degree that the main transactions occurring within their business components are no longer identifiable as the (loans, buys, or consignments) are subject to all original item. requirements within this Chapter unless otherwise stated. 18. "Seller"means any person who: 12. "Person"means a natural person. a. Offers items of regulated property in exchange for money or other property; or as 13. "Principal" means any person who will collateral for a loan;or be directly engaged or employed in the management or operation of the Secondhand b. Donates or abandons items of Dealer business, including any owners and any regulated property. shareholders with a five percent or greater interest in the company. 19. "Trade Show" means an event open to the public, held in a venue other than a Dealer's 14. "Receive means to take property into the business location, at which vendors of a specific inventory, possession, or control of a Dealer. type of merchandise may exhibit, buy, sell, or trade items that may include regulated property. 15. A "Registered Business" must be: Events commonly known as flea markets or swap a. Registered with the Secretary of meets, in which goods of many types are State Corporate Division or its equivalent in the exhibited, sold or traded, are not considered trade state where the business is located; and shows for the purpose of this Chapter. b. In compliance with the City of 20. "Transaction Report" means the record Tigard business license registration requirements. of the information required by Section 7.70.080, transmitted to the Tigard Police Department by 16. "Regulated property" means the means required in Section 7.70.080. property of a type that has been determined by the Chief of Police to be property that is frequently 21. "Transient Merchant"means any person: the subject of theft, including new items as defined in this section as well as used items such a. Engaged in the business of 7-70-3 Code Update: 8/09 TIGARD MUNICIPAL CODE purchasing or acquiring regulated property from more than 50 items of regulated property in any business locations within the City of Tigard; one-year period are categorized as an "Occasional Secondhand Dealer." Upon acquiring or offering b. Engaged as an itinerant or for sale more than 50 items of regulated property temporary business under the provisions of the during any one-year period, an Occasional Tigard Municipal Code, Chapter 5.04;and Secondhand Dealer shall apply for and obtain a Secondhand Dealer License and comply with all c. Engaged in the business of the regulations of a secondhand dealer before purchasing such regulated property from any acquiring any more items of regulated property. person not representing a business which is required to be issued a business license or special 3. Any person or business that advertises certificate under Chapter 5.04 of the Tigard or otherwise holds him/herself out to be acquiring Municipal Code, and who appears with such or offering for sale regulated property within the articles at the Dealer's place of business. City of Tigard will be presumed to be operating as a Dealer subject to the terms of Chapter 7.70. 22. "Used" means anything that has been put into action or service. 4. The sale of regulated property at events commonly known as "garage sales," "yard sales," 23. "PPDS" (Portland Police Data System) or "estate sales" is exempt from these regulations means the computerized record keeping system if all of the following are present: the Tigard Police Department utilizes to manage data, including, but not limited to, Secondhand a. No sale exceeds a period of 72 Dealers' transaction reports, and includes the consecutive hours;and RegJIN record keeping system. (Ord. 09-07 § 1). b. No more than four sales are held at 24. "RAPID" (Northwest Regional the same location in any 12-month period. (Ord. Automated Information Database) means the 09-07 § 1). computerized, web-based record keeping system the Tigard Police Department utilizes to manage 7.70.035 Minimum Standards. data pertaining to Secondhand Dealers' transaction reports. 1. No person or business may operate as a Dealer within the City of Tigard unless the person 7.70.030 Secondhand Dealer License or business maintains a fixed physical business Required. location. 1. No person or business shall engage in, 2. Dealers shall comply with all applicable conduct or carry on a secondhand dealer business federal, state and local regulations. (Ord. 09-07 § in the City of Tigard without a valid Secondhand 1). Dealer License issued by the City of Tigard. A Secondhand Dealer License shall be required in 7.70.040 Application for Secondhand addition to a business license or special certificate Dealer License. required by Chapter 5.04 of the Tigard Municipal Code, or any other City license or permit. 1. An applicant for a Secondhand Dealer License shall complete and submit an application 2. Dealers that acquire or offer for sale not (including required personal history forms) that 7-70-4 Code Update: 8/09 TIGARD MUNICIPAL CODE sets forth the following information: h. Whether the applicant will be a sole a. The name, address, telephone proprietorship, partnership, limited partnership, number, birth date and principle occupation of all family limited partnership, joint venture, owners and any person who will be directly association, cooperative, trust, estate, corporation, engaged or employed in the management or personal holding company, limited liability operation of the business or the proposed company, limited liability partnership or any other business; form of organization for doing business. b. The name, address and telephone (1) If a partnership, the applica- number of the business or proposed business and a tion must set forth the names, birth dates, description of the exact nature of the business to addresses, telephone numbers, and principle be operated; occupations, along with all other information required of any individual applicant, of each c. The Web address of any and all partner,whether general, limited, or silent,and the Web pages used to acquire or offer for sale respective ownership shares owned by each. regulated property on behalf of the Dealer, and any and all Internet auction account names used to (2) If a corporation, or limited acquire or offer for sale regulated property on liability company, the application must set forth behalf of the Dealer; the corporate or company name, copies of the articles of incorporation or organization and the d. Written proof that all principals are corporate by-laws or operating agreement, and the at least 18 years of age; names, addresses, birth dates, telephone numbers, and principle occupations, along with all other e. Each principal's business occu- information required of any individual applicant, pation or employment for the three years of every officer, director, members or managers, immediately preceding the date of application; and shareholder (owning more than five percent of the outstanding shares) and the number of f. The business license and permit shares held by each; history of the applicant in operating a business identical to or similar to those regulated by i. If the applicant does not own the Chapter 7.70; business premises, a true and complete copy of the executed lease(and the legal description of the g. A brief summary of the applicant's premises to be permitted) must be attached to the business history in any jurisdiction including: application; (I) The business license or permit j. All arrests or convictions of each history of the applicant, and principal enumerated in Subsection 1 of this Section; (2) Whether the applicant or any principal has ever had any business-related license k. Upon request, principals and or permit revoked or suspended, the reasons employees shall submit to the Tigard Police therefore, and the business activity or occupation Department the following information: of the applicant or principal subsequent to the fingerprints, passport-size photographs, and a suspension or revocation; copy of the signature initials to be used by persons 7-70-5 Code Update: 8/09 TIGARD MUNICIPAL CODE on transaction report forms. Principals and Secondhand Dealer License and payment of the employees must submit new photos if requested to required fee, the Chief of Police shall conduct an do so by the Tigard Police Department; investigation of the applicant and all principals and employees listed according to the I. Any other information that the requirements in Section 7.70.040. The Chief of Chief of Police may reasonably feel is necessary Police shall issue the license within 90 days of to accomplish the goals of this Chapter. receiving the application if no cause for denial exists. 2. The Secondhand Dealer shall notify the Chief of Police of any changes in the information 2. Except as provided in Section 7.70.050 required in Subsection 1 of this Section within 10 the Chief of Police shall deny an application for a business days. Secondhand Dealer Special License if any of the following apply: 3. New employees of Dealers shall complete and submit the personal history form as a. The applicant, or any person who required in Subsection 1 of this Section. will be directly engaged in the management or Employees may not acquire regulated property operation of the business, or any person who owns until all required information has been reviewed a five percent or more interest in the business, has and approved by the Tigard Police Department. previously owned or operated a business regulated The criteria used to review a new employee will by Chapter 7.70,and be the same as those used in the review of an initial application in Chapter 7.70. (1) The license or permit for the business has been revoked for cause that would be 4. The personal and business information grounds for revocation pursuant to Chapter 7.70, contained in the application forms required or pursuant to Section 7.70.040 are subject to the requirements of the Oregon Public Records Law, (2) The business has been found to ORS 192.410 et seq. (Ord. 09-07 § 1). constitute a public nuisance and abatement has been ordered; 7.70.045 Surety Bond Required. b. Any person listed on the initial No person shall engage in business as a application or renewal application has been transient merchant until such merchant has filed convicted of one or more of the offenses listed with the City Recorder of the City a $10,000 below or has violated any section of Chapter 7.70. bond, with a surety company licensed to do The offenses include: business in the State of Oregon as surety, for the benefit of any person damaged by false, (1) Any felony. fraudulent, or misleading representations of the transient merchant in the conduct of his/her (2) Any misdemeanor or violation business. (Ord. 09-07 § 1). involving either bribery, controlled substances, deception, dishonesty, forgery, fraud, or theft, or 7.70.050 Issuance and Renewal of any attempt or conspiracy to commit any of the Secondhand Dealer License. listed offenses; 1. Upon the filing of an application for a c. The Chief of Police finds by a 7-70-6 Code Update: 8/09 TIGARD MUNICIPAL CODE preponderance of the evidence that the applicant or any principal or employee has committed any 4. Secondhand Dealer Licenses are valid offense relating to fraud, theft or any attempt or for one year and expire at 12:00 a.m. on January conspiracy to commit theft, or any offense listed 15th of each year. The licenses are in Section 7.70.120; nontransferable and are valid only for a single business location. When the business location is d. The Chief of Police finds by a to be changed,the license holder shall provide the preponderance of the evidence that the applicant address of the new location in writing to the Chief or any principal or employee who will be involved of Police for approval at least 14 days prior to the in the business has violated any law where the change. elements of such law are equivalent to the provisions of Chapter 7.70; 5. Secondhand Dealer Licenses must be displayed at the business location in a manner e. Any statement in the application is readily visible to patrons. false or any required information is withheld;or 6. Upon denial of an application for a f. The Chief of Police finds by a Secondhand Dealer License, the Chief of Police preponderance of the evidence that the applicant, shall give the applicant written notice of the or any person who will be directly engaged or denial. employed in the management or operation of the business, or any person who owns a five percent a. Service of the notice will be or more interest in the business, has previously accomplished by mailing the notice to the owned or operated a business regulated by applicant by certified mail, return receipt Chapter 7.70 or any laws or statutes equivalent to requested. the provisions of Chapter 7.70, and the business has violated applicable state, federal or local b. Mailing of the notice will be prima requirements, including permitting requirements. facie evidence of receipt of the notice. 3. Notwithstanding Section 7.70.050, the c. The denial will be effective the date Chief of Police may grant a permit after the notice is sent. consulting with the City Council despite the presence of one or more of the enumerated factors 7. Denial of a license may be appealed by if the applicant establishes to the Chief of Police's filing written notice of an appeal within 10 days reasonable satisfaction that: of the date of denial in accordance with Section 7.70.150.(Ord.09-07 § 1). a. The behavior evidenced by such factor is not likely to recur; or 7.70.060 Secondhand Dealer License Fees. b. The behavior evidenced by such factor is remote in time; or Every Dealer shall complete and submit all required forms to the Chief of Police and pay a c. The behavior evidenced by such non-refundable fee as set forth by the City of factor occurred under circumstances that diminish Tigard Master Fees and Charges Schedule. (Ord. the seriousness of the factor as it relates to the 09-07 § 1). purpose of Chapter 7.70. 7-70-7 Code Update: 8/09 TIGARD MUNICIPAL CODE 7.70.070 Subsequent Locations. the required format, Dealers will be given at least 60 days to comply with the new format 1. Dealers must file an application for a requirements. If unable to implement the license for a subsequent or additional business reporting system before the deadline, a Dealer location with the Tigard Police Department and must submit a written request for additional time pay a non-refundable fee as set forth in the City of to the Chief of Police before the deadline. Tigard Master Fees and Charges Schedule; provided the information required for the c. Pawnbrokers are required to report subsequent or additional business location is only new transactions. Loan renewals do not need identical to that provided in the application for the to be reported. prior location with the exception of that required by Section 7.70.040. 2. The following apply to Occasional Secondhand Dealers: 2. Secondhand Dealer Licenses issued for subsequent or additional business locations will be a. Occasional secondhand dealers subject to all the requirements of this Chapter,and may request an exemption from using RAPID. the term of the license issued for a subsequent or The exemption will allow Occasional Secondhand additional location will expire on the same date as Dealers to, as an alternative, submit their the initial permit.(Ord. 09-07 § 1). transactions on transaction report form created by the Chief of Police. The request for this 7.70.080 Reporting of Secondhand exemption must be made in writing to the Chief of Dealer Transactions. Police. 1. Dealers shall provide to the Tigard b. The Tigard Police Department will Police Department all required information as set provide all Occasional Secondhand Dealers with forth by the Tigard Police Department for each transaction report forms at cost until 60 days after regulated property transaction (not including such time that the Chief of Police directs a change sales). The Chief of Police may designate the in the reporting method. The Chief of Police may format for the transfer of this information and may specify the format of the transaction report form. direct that it be communicated to the Criminal The Chief of Police may require that the Investigations Unit by means of mail,the Internet, transaction report form include any information or other computer media. relating to the regulations of this Chapter. Dealers may utilize their own forms, in lieu of those a. In any such case that the Chief supplied by the Tigard Police Department, if the directs that the information be transmitted via Chief of Police has approved such forms. The computer media, the Chief may also direct the Declaration of Proof of Ownership will be system that will be utilized in order to ensure considered to be included in references in this conformity among all Secondhand Dealers. All Chapter to the transaction report form, as secondhand dealers shall enter their transactions appropriate.(Ord.09-07 § 1). into RAPID, Tigard's designated reporting system. 7.70.090 Regulated Property Sale Limitations. b. If, after establishing the format and requirements for the transmission of computerized 1. Regulated property is subject to the reports of transactions, the Chief of Police alters following limitations: 7-70-8 Code Update: 8/09 TIGARD MUNICIPAL CODE iv Comply with all remaining a. Holding Period. Regulated requirements in the property acquired by any Secondhand Dealer must Administrative Policies and be held for a period of 30 full days from the date Procedures. of acquisition. Pawnbroker loan transactions are exempt from the 30-day hold requirements of (2) A Dealer may be required to Section 7.70.090 because of the redeemable reinstate a 30-day hold period if an examination of nature of the loans and the holding requirements RAPID entries reveals a pattern of insufficient in ORS 726. However, if the loan is converted to item descriptions or insufficient photographs. a buy by the pawnbroker within 30 days from the date of the pawn transaction, the difference c. Requirements of Held Property. between the original date of the pawn and the buy All held property must remain in the same form as will count toward the 30-day hold requirement. when received, must not be sold, dismantled or All other provisions of Section 7.70.090 remain in otherwise disposed of, and must be kept separate effect. and apart from all other property during the holding period to prevent theft or accidental sale b. The following sections apply to the and to allow for identification and examination by hold period: the Tigard Police Department. Held property must be kept at the business location where it was (1) The hold period for items may acquired (including hotels or temporary event be reduced from 30 days to 20 days if the item locations) during this holding period so that it can either displays a complete legible serial number; be inspected during normal business hours (as or is an item of jewelry; or is precious metal provided in Section 7.70.110). Held property, scrap. The Dealer must: other than property on Police Hold, may be held in a place within public view, as long as the other i Report the acquisition into requirements of Section 7.70.090, Subsection l.b, RAPID on the same day the are met. acquisition occurs; d. Held property requirements do not ii Include a description in the apply if: RAPID entry of the degree of detail for the type of item as (1) The property is received from required in the Administrative a Secondhand Dealer regulated by the City of Policies and Procedures and Tigard who has already satisfied the holding Tigard Municipal Code 7.70; requirements of this Chapter and the Dealer records the original transaction report number on iii Include a digital photograph the transaction report completed for the new of sufficient size and focus to transaction;or identify the item and distinguish it from similar (2) If a customer, who originally items and that clearly shows purchased property from a Secondhand Dealer, any legible serial number on returns it to that Dealer with the original receipt. the item in the RAPID entry; and 2. Notwithstanding Section 7.70.090, the Chief of Police may determine that certain types 7-70-9 Code Update: 8/09 TIGARD MUNICIPAL CODE of transactions pose a reduced risk of being an c. If it is not possible or practical to outlet for the sale of stolen property and therefore move an item to or store an item in the Police may modify the hold period and/or reporting Hold area, a Dealer may submit a written request requirements for those types of transactions. to the Chief of Police for approval to keep the Those transactions and the modified requirements item with other held property. Approval may be are described in Section 7.70.120. granted with the understanding that the item will be clearly marked as being on Police Hold and 3. Upon reasonable belief that an item of kept from public view and access. regulated property is the subject of a crime, any peace officer may provide notice to any Dealer 4. Upon probable cause that an item of that a specifically described item of regulated property is the subject of a crime, the Chief of property must be held in a separate Police Hold Police may take physical custody of the item or area for a period not to exceed 30 days from the provide written notice to any Dealer to hold such date of notification, and is subject to the property for a period of time as determined by the requirements of Section 7.70.090, Subsection 1.b, Chief of Police or any Tigard police officer, not to above. The hold may be extended an additional exceed the statute of limitations for the crime 30 days upon notice provided to the Dealer that being investigated. Any property placed on hold additional time is needed to determine whether a pursuant to this subsection is subject to the specific item of regulated property is the subject requirements found in Section 7.70.090, of a crime. The Dealer shall comply with the hold Subsection 1.b, and will be maintained in the notice and notify the Tigard Police Department Police Hold area unless seized or released by the Criminal Investigations Unit of the hold notice no Ppolice. Seizure of property will be carried out in later than five calendar days from the day the accordance with Oregon Revised Statutes. notice was received, either by telephone, fax, e- mail or in person. A Dealer must notify the 5. Items held or seized under TMC Criminal Investigations Unit of his/her intent to 7.70.090, Section 4, may not be released to dispose of any item of regulated property under anyone other than the Dealer unless the property Police Hold at least 10 days prior to doing so. is released to: a. A Police Hold area must meet the a. Another law enforcement agency following criteria: that has provided documentation to the satisfaction of the Chief of Police of the stolen (1) Located out of public view status of the property;or and access, and b. A person who reported the property (2) Marked"Police Hold,"and as stolen when all of the following are present: (3) Contain only items that have (1) A stolen property report has been put on Police Hold. been filed with a law enforcement agency where making an untruthful report is a violation of the b. Dealers may maintain up to three law,and Police Hold areas as necessary for the safe storage (2) A notice has been delivered to of high value items, physically large items, and the Dealer holding the property or from whom the general merchandise put on Police Hold. property was seized. 7-70-10 Code Update: 8/09 TIGARD MUNICIPAL CODE (I) The notice required by owner, if known. this subsection will state that the property is being released to the person who has filed the stolen 8. if a peace officer employed by an property report. agency other than Tigard seizes any property from a Dealer, the Dealer must notify the Tigard Police (ii) The notice required by Department of the seizure no later than five this subsection will be sent electronically with a calendar days from the day the seizure occurs. request for acknowledgement, or delivered in The Dealer must provide the name of the agency, person to the Dealer at the email or physical the name of the peace officer, the number of the address shown on the Dealer's permit application receipt left for the seizure,and the seized property or most recent permit renewal application, and to information. Notification to the Tigard Police the pawner/seller at the address shown in the Department may be given by telephone, fax, transaction report required by TMC 7.70. The email,or in person. (Ord. 09-07 § 1). Chief of Police may release property to the owner after the notice required by this subsection has 7.70.100 Tagging Regulated Property for been delivered; proof of receipt of the notice is Identification. not required. Dealers shall affix a tag to every item of (iii) The failure of any person regulated property, which must contain a unique, to receive the notice required in this subsection legible number. That unique number must either will not invalidate or otherwise affect the be the same as the transaction report number for proceedings of this subsection. that item or be referenced to the transaction report required by the Tigard Police Department. After 6. if a Dealer acquires regulated property the holding period has expired, the transaction with serial numbers, personalized inscriptions or number must remain identifiable on the property initials, or other identifying marks which have until the sale of the property. been destroyed or are illegible due to obvious normal use, the Dealer shall continue to hold the I. After the applicable holding period has property at the business location for a period of 90 expired, hand tools, or items that are sold with full days after acquisition. The Dealer must notify other like items and have no identifiable numbers the Tigard Police Department by writing "90 day or markings need not remain tagged. hold" next to the item on the transaction report or by an electronic means approved by the Tigard 2. After the applicable holding period has Police Department. The held property must expired, items that are remanufactured need not conform to all the requirements found in Section remain tagged. (Ord.09-07 § 1). 7.70.090, Subsection 1.b. 7.70.110 Inspection of Property and 7. If a Dealer receives information that Records. leads to an objectively reasonable basis to believe that any property already at his/her business Upon presentation of official identification, a location has been previously lost or stolen, he/she Dealer shall allow any representative of the must report that belief to the Tigard Police Tigard Police Department to enter the business Department by day's end. The notice must location to ensure compliance with the provisions include the transaction report number and any of Chapter 7.70. The inspection will be for the additional information regarding the name of the limited purpose of inspecting the business 7-70-11 Code Update: 8/09 TIGARD MUNICIPAL CODE location, regulated property,and related records as provided in this Chapter. Except by mutual c. To receive property that a agreement with the Dealer or by court order, any reasonable person under similar circumstances inspection under this Section may occur only would believe is more likely than not stolen. during the Dealer's normal business hours. (Ord. Determination regarding whether or not an item is 09-07 § 1). found to be stolen will not be used as a factor to determine whether a Dealer has violated this 7.70.120 Prohibited Acts. subsection. 1. It is unlawful for any person regulated 2. Any violation of Chapter 7.70 is by Chapter 7.70: punishable, upon conviction, by a fine of not more than $500.00 and a jail sentence of up to six a. To receive any property from any months.(Ord. 09-07 § 1). person: 7.70.130 Civil Penalties. (I) Known to the principal, employee or Dealer to be prohibited from selling 1. The Chief of Police may assess civil by a court order, penalties in an amount up to $500.00 for each violation of Chapter 7.70. (2) Under the age of 18 years unless the person's parent or guardian completes 2. Procedure. the applicable information on the Declaration of Proof of Ownership, a. The Chief of Police having made a determination to seek civil penalties as provided (3) About whom the principal, by this Section, shall give the Dealer written employee or Dealer has been given notice by law notice of the determination. enforcement as having been convicted of burglary, robbery, theft or possession of or b. Service of the notice will be receiving stolen property within the past 10 years accomplished by mailing the notice by regular and whether the person is acting in his/her own behalf certified mail, return receipt requested or by or as the agent of another who meets the above personal service by any sworn member of the criteria; Tigard Police Department. b. To receive property prohibited by c. Mailing of the notice will be prima this Chapter, including: facie evidence of receipt of the notice. (1) Medications, d. The civil penalty will be due 30 days from the date of the notice unless such civil (2) Gift cards, in-store credit penalty is appealed in accordance with Section cards, or activated phone cards, 7.70.150.(Ord.09-07 § 1). (3) Property with serial numbers, 7.70.140 Revocation or Suspension of personalized inscriptions or initials or other Secondhand Dealer License. identifying marks that appear to have been intentionally altered or rendered illegible; 1. Along with the other regulatory 7-70-12 Code Update: 8/09 TIGARD MUNICIPAL CODE enforcement authority granted under this Chapter, days after the giving of notice unless the the Chief of Police may, after consulting with the revocation is appealed in accordance with Section City Council, revoke or suspend any license 7.70.150 issued pursuant to this Chapter under the following conditions: 4. Suspension will be effective immediately upon the giving of notice, for the a. For any cause that would be period of time set in the notice not to exceed 30 grounds for denial of a permit; days. (Ord. 09-07 § 1). b. Upon finding that any violation of 7.70.150 Appeals. the provisions of this Chapter, federal, state or other local law has been committed and the 1. Any Dealer or person whose initial violation is connected with the operation of the application or renewal application for a permitted business location so that the person in Secondhand Dealer License has been denied, or charge of the business location knew, or should whose license has been revoked or suspended, or reasonably have known, that violations or who has been directed to pay a civil penalty by the offenses were permitted to occur at the location by Chief of Police, may appeal the action of the the Dealer or any principal or employee engaged Chief of Police to the Civil Infractions Hearing or employed in the management or operation of Officer in accordance with Chapter 1.17 of the the business location; Tigard Municipal Code. c. A lawful inspection has been 2. The filing of a notice of appeal of refused; revocation or suspension of a license, or of a civil penalty imposed by the Chief of Police under this d. If payment of civil penalties has not Chapter, will stay the effective date of the action been received by the City of Tigard within 10 until the Civil Infractions Hearing Officer has business days after the penalty becomes final; or issued an opinion.(Ord. 09-07 § 1). e. If any statement contained in the 7.70.155 Administrative Policies and application for the permit is false. Procedures. 2. The Chief of Police, upon revocation or 1. The Chief of Police may, by rule, suspension of any permit issued pursuant to this implement the requirements and specifications of Chapter, shall give the Dealer written notice of the this chapter . Administrative Policies and revocation or suspension. Procedures stemming from this Chapter, will be maintained by the Tigard Police Department and a. Service of the notice will be copies will be provided to all Dealers. .. (Ord. 09- accomplished by mailing the notice by regular and 07 § 1). • certified mail, return receipt requested. b. Mailing of the notice by regular mail will be prima facie evidence of receipt of the notice. 3. Revocation will be effective and final 10 7-70-13 Code Update: 8/09 AIS-1822 5, Business Meeting Meeting Date: 06/24/2014 Length (in minutes): Consent Item Agenda Title: Resolution Accepting the Water Master Plan Update for River Terrace Submitted By: Carol Krager,City Management Item Type: Motion Requested Meeting Type: Council Resolution Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the City Council approve a revised resolution adding the Water System Master Plan Addendum for River Terrace to the city's Water System Master Plan? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the attached resolution. KEY FACTS AND INFORMATION SUMMARY As part of the River Terrace Community Plan,water system public facilities have been identified that will need to be built in order for River Terrace to be developed. These projects need to be added to the City of Tigard Water System Master Plan. By adding the projects to the Water System Master Plan,water system development charges can be used to fund portions of these projects. In 2010, the City of Tigard updated its Water System Master Plan (WSMP). The WSMP addresses water supply capacity needs and guides water system infrastructure improvements in the Tigard Water Service Area. Since the adoption of the WSMP update in 2010, the West Bull Mountain Concept Plan was completed and adopted by Washington County and the city. The area now known as River Terrace (and formerly known as West Bull Mountain) was also annexed to the city. The attached master plan addendum updates the WSMP to accommodate water needs anticipated in River Terrace and contributes to the city's broader goal of completing the River Terrace Community Plan. The 2010 WSMP update addressed River Terrace's overall water supply capacity needs, but did not address how water service would be delivered to this area. The attached water master plan addendum addresses this issue. A summary of capital improvement project recommendations and costs can be found on pages 8 and 9 of the addendum. The recommended improvements are also illustrated in Figure 7,which can be found on the very last page of the addendum. Two of the three pressure zones in the River Terrace area can be easily and effectively served by the extension of existing distribution and transmission lines. In order to serve the remaining pressure zone (River Terrace 550) the city will need to provide more water storage in addition to new transmission lines. The recommendation is to construct a three million gallon storage reservoir on the city-owned Cach property,which was purchased for this purpose to meet existing storage deficiencies in this area. On June 10, 2014, the City Council approved Resolution No. 14-24. Staff realized that the latest version of the resolution was not submitted for approval and desire to have a corrected resolution submitted for approval.A marked-up copy of the resolution is attached showing minor language revisions Exhibit A to the resolution did not change. OTHER ALTERNATIVES Council could choose to not approve the revised resolution. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Water System Master Plan River Terrace Community Plan DATES OF PREVIOUS CONSIDERATION Council approved the contract for the River Terrace Community Plan (which includes the Water System Master Plan update) on June 25,2013. The financing strategies team met with Council and presented an overview of the River Terrace funding strategy on January 21,2014. The water and sewer system master plan updates were presented to Council on May 20, 2014. Council approved a slightly different version of this resolution on June 10,2014. Fiscal Impact Cost: $17,573,500 Budgeted (yes or no): Partially Where Budgeted (department/program): CIP Additional Fiscal Notes: The 2014 budget has appropriations to fund the Barrows/Scholls Ferry water line project (the "18-inch Transmission Main" identified in Table 3 of the Water System Addendum). The Capital Improvement Plan for fiscal years 2015 to 2019 has funding for design of the Cach Reservoir in fiscal year 2018. Cash reserves in the Water Fund would be used to pay for this project. -- Attachments Revised Resolution Exhibit A Revised Resolution Showing Changes Resolution No. 14-24 AgendaQuick©2005-2014 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD,OREGON RESOLUTION NO. 14- A RESOLUTION TO AMEND THE WATER SYSTEM MASTER PLAN TO INCLUDE PROJECTS NECESSARY FOR THE DEVELOPMENT OF RIVER TERRACE WHEREAS,the City of Tigard annexed the River Terrace area west of Bull Mountain in 2011 and 2012; and WHEREAS,the City of Tigard has an existing Water System Master Plan that does not include the River 1 etTace area,and WHEREAS,the City of Tigard has completed a Water System Master Plan Addendum specific to the River Terrace area,contributing to the city's broadergoal of completing,the River Terrace Community Plan and (Deleted:the VISSOf Hof meeting state requirements for public facility planning,and WHEREAS, water public facility projects have been identified as part of,the Water System Master telan f ereted:that — . 1 Addendum,and Deleted:p WHEREAS, these projects are appropriate and necessary additions to,he City of Tigard Water System (*deleted:be added to Master Plan,and WHEREAS,the City of Tigard may desire to use water system development charges to fund part or all of Deleted:of 7 these projects,and WHEREAS,a comprehensive finance strategy for all public facility proiects in River Terrace will be developed as part of the River Terrace Community Plan.This strategy will include a list of projects to complete in the near term and their respective funding sources. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: ISECTION 1: The River Terrace Water System Master Plan Addendum(Exhibit A)is hereby adopted as part of the City of Tigard Water System Master Plan. Deleted:protects listed in the Water System Master Plan Addendum(Exhibit A)are hereby added to the SECTION 2: The projects identified in the River Terrace Water System Master Plan Addendum,shall be eligible for funding from water system development charges(SDCs)collected in the Tigard Water Service Dew'on this list Area as allowed under section 3.24.060 of the Tigard Municipal Code. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2014. RESOLUTION NO. 14- Page 1 toL Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 14- Page 2 CITY OF TIGARD, OREGON RESOLUTION NO. 14- y A RESOLUTION TO AMEND THE WATER SYSTEM MASTER PLAN TO INCLUDE PROJECTS NECESSARY FOR THE DEVELOPMENT OF RIVER TERRACE WHEREAS, the City of Tigard annexed the River Terrace area west of Bull Mountain in 2011 and 2012; and WHEREAS, the City of Tigard has completed the water portion of the River Terrace Community Plan, and WHEREAS, water public facility projects have been identified as part of that plan, and WHEREAS, these projects are appropriate to be added to the City of Tigard Water Master Plan,and WHEREAS, the City of Tigard may desire to use water system development charges to fund part of all of these projects, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The projects listed in the Water System Master Plan Addendum (Exhibit A) are hereby added to the Water System Master Plan. SECTION 2: The projects on this list shall be eligible for funding from water system development charges (SDCs) collected in the Tigard Water Service Area as allowed under section 3.24.060 of the Tigard Municipal Code. SECTION 3: This resolution is effective immediately upon passage. PASSED: This /0 day of 9-a n.e.— 2014. 111 .11 Aaj Ma • • City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO. 14- ,2 zI Page 1 ,4 tirif;') . E •S 1 . , :NP .1� ' t , _ :;+ i I 4 :* .( Li,.;..4 reb,ie , ;! , ;..0•et i .-,. 0.1 O ,.'i•. ,!, •-∎ ,ti7 .r • r ,.,I.4 ^' t ' I I '+ LLI 13 I- CU r hJ j V M .4., , +. J.ti, ict 5, 4 . Ill; .1"..'_g:-.i'.;r:ve.'.41r,;1 ' 411.kr1..:(1;'i: ,.' .'''..... ,,,,. CL11 . • Y,:,. ).' - ..,,-....... ....,51.:„,...,..y .v.:J.- 1/4,,,,,,,L1*, ., ,e't' i ' -.• ''' t.r iy . . . ... CD ..4. : .,,, ;I. � ♦ .i 4 '17 II,'a ti) � ' + 4 ,+ . , I, _ "� , E • •„ . itip.,,,,, • 4 , , Tn—�t C fit IL �.1.. ' r t 1r'. W ° ,� "F ■` K `` ff '• it !'` �� •'i.� + ^` +. . , ,i, ,r, . •14 9 :. qr.'', , -..,.f-s. .- ‘,4-- kit, `r .% ,-,, r . ..- . 1‘.. _, .i ... * , ,, ,, „4,,, .,... . ,, tri) . . :..k , . 1:'.•''•,- -,t1- ' . •V%- \ - >I% .' ., 1 4,'4 •, 4. ' k. , . r`V..11•4r. i.`. ,..4„,..... ... • . . ` ti (.0 •t .:, ) .� T • . ,...t %... .........x. .. • . ci.,: : •.•:, , , , 4.i...-- . -. %. • itz-N., . \%.‘ ' . .1. ,. . 0.. ;:..„, fill . ---. k 1 1 • .... ,, ,, iNL. ..._. ,,,,t yL, ,t rra t ,i, v i ,'tit): :9- i .. 4 '• • :1..14 '1"°'41,4 '.• ■;.. ACKNOWLEDGEMENTS We would like to thank the many citizens, staff. and community groups who provided extensive input into the development of this Water Plan Addendum. Special thanks are due to the members of the River Terrace Technical Advisory Committee and Stakeholder Working Group. CITY STAFF Susan Shanks, Project Manager and Senior Planner Tom McGuire. Assistant Community Development Director Rob Murchison. Senior Project Engineer Marissa Grass. Associate Planner Kenny Asher. Community Development Director Michael Stone, City Engineer Brian Rager, Interim Public Works Director John Goodrich. interim Assistant Public Works Director Prepared by Murray, Smith & Associates. Inc. January 2014 P ,`∎��40 I Ng W40:,* - Brian M. Ginter. P.E. 4u, 62947 Heidi A. Springer. P.E. ;.„,a OREGON w4404 RY 11, 3 Q. 9/4 N . 1�‘�. SA RENEWS 6-30— 15 i\ 'I 1 4 I-IS., River Tcrrare Plan Janu:uy 71114 City of Ti:'ard TABLE OF CONTENTS SUMMARY OF RECOMMENDATIONS 1 I. INTRODUCTION 2 II. BASIS OF PLANNING AND WATER DEMAND PROJECTIONS 3 III. SYSTEM ANALYSIS AND RIVER TERRACE WATER SYSTEM CAPACITY 4 IV. CAPITAL IMPROVEMENT PLAN $ 13-1484 River Terrace Community Plan January 2014 City of Tigard SUMMARY OF RECOMMENDATIONS The focus of this Water System Master Plan Addendum is on providing water service to the River Terrace Community, which is a new area that the City of Tigard's 2010 Water System Master Plan addressed only for overall water supply capacity needs. The proposed changes do not affect the 2010 Water System Master Plan except for minor modification of the forecasted system-wide water demands. The River Terrace Community is divided into the three pressure zones extending across the area, for the purposes of analysis, identified as the 410 Zone, 713 Zone and 550 Zone, Recommendations for the 410 Zone include construction of a transmission loop extending north to south across the River Terrace area, connecting to existing transmission piping at SW Barrows Road and at SW Beef Bend Road. Recommendations for the 550 Zone include new transmission, storage and pumping facilities. An analysis of water service recommendations and alternatives is provided in the following pages. 13-1484 Page 1 of 9 River Terrace Community Plan January 2014 City of Tigard I. INTRODUCTION In 2010, the City of Tigard updated the community's Water System Master Plan, hereafter referred to as the Water Plan. The Water Plan is the document that guides water system infrastructure improvements in the city's water service area. It was presented to the Intergovernmental Water Board and the Tigard City Council in 2010. Since the adoption of the Water Plan in 2010, the West Bull Mountain Concept Plan (WBMCP) was completed and adopted by Washington County and the city. The area now known as River Terrace(and formerly known as West Bull Mountain) was also annexed to the city. This addendum provides an update to the Water Plan specific to the River Terrace study area and contributes to the city's broader goal of completing a River Terrace Community Plan. sr,• r ' ht sr viot0C KMA S T 14 _�(e t x SW warn RO { 0 p i 1, tR R r SWO € MEI.f • cps QAAROt St Butt •WY!COO$AEOIT Situ LADOWIN I I 1WBONIIAR s.K SELF 61T/D RO fM DURHAM RD JtAkpG �� tw 14JALATIN RO i SRO SWMYSt R0t7 Figure 1 River Terrace Study Area(Outlined in Yellow) The WBMCP Alternative Water Supplies analysis provides the basis for water system planning in River Terrace, which consists of transmission, pumping and storage improvements. This Water Plan Addendum refines the WBMCP by evaluating specific facility needs to provide service to the study area, identified in Figure 1, through improvements to the existing Tigard water system. 13-1484 Page 2 of 9 River Terrace Community Plan January 2014 City of Tigard H. BASIS OF PLANNING AND WATER DEMAND PROJECTIONS This Water Plan Addendum follows the City of Tigard's 2010 Water System Master Plan and assumes 2.48 persons per dwelling unit. The City of Tigard projects 2,587 dwelling units within River Terrace for an estimated build-out population of 6,416 in 2035. River Terrace Water Demands Projected water demands in million gallons per day (mgd) for the River Terrace Community are calculated for this addendum by multiplying projected River Terrace population at build- out by estimated per capita demands. Water facilities recommended to serve River Terrace are sized to meet ultimate capacity needs at build-out as discussed later in this addendum. Per capita water demands are as follows, consistent with the 2010 Water System Master Plan: • Average Day Demand (ADD) = 110 gallons per capita per day (gpcd) • Peak Day Demand (PDD)=231 gpcd The River Terrace water demand at build-out is allocated to the city's 410, 713 and 550 pressure zones according to the percentage of River Terrace land at elevations similar to those of existing Tigard water customers in these pressure zones. Proposed pressure zone boundaries within the River Terrace Community are illustrated on Figure 4. The distribution of River Ten-ace water demands by zone is as follows: • 410 Zone= 50 percent • 713 Zone= 10 percent • 550 Zone= 40 percent Forecasted River Terrace water demands at build-out are summarized in Table 1. Table 1 River Terrace Projected Water Demand at Build-Out Pressure Zone ADD(mgd) PDD(mgd) 410 0.35 0.74 713 0.07 0.15 550 0.28 0.59 TOTAL 0.70 1.48 13-1484 Page 3 of 9 River Terrace Community Plan January 2014 City of Tigard III. SYSTEM ANALYSIS AND RIVER TERRACE WATER SYSTEM CAPACITY In order to provide water service to the River Terrace Community, the city must evaluate necessary supply and storage capacity as well as transmission piping. Water Supply Capacity The city is currently developing a large, long-term supply source through the Lake Oswego- Tigard Water Partnership. The forecasted River Terrace build-out peak demand comprises an insignificant fraction of this supply source capacity. No additional supply facilities are anticipated to serve River Terrace. Storage Capacity The city's 2010 Water System Master Plan defined criteria for assessing adequate storage capacity in each of Tigard's pressure zones. Required storage capacity is divided into three major components —operational storage, fire flow storage and emergency storage—which are defined as follows: • Operational Storage— 25 percent of PDD • Fire Flow Storage—land use with highest fire flow requirement within the zone o Residential • Low Density = 1,500 gallons per minute (gpm) for 2 hours • Medium Density = 2,500 gpm for 2 hours • High Density= 3,000 gpm for 3 hours o Commercial and Industrial • 3,000 gpm for 3 hours • Emergency Storage— 2 times ADD Based on these criteria, adequate storage is available in the 410 and 713 pressure zones to serve the relatively small additional demands from River Terrace. Storage capacity assessment in the 550 Zone depends upon the selected River Terrace 550 water service alternative as discussed later in this memo. River Terrace Proposed Water System Facilities 410 Zone The Tigard 410 Zone serves a majority of existing Tigard customers. Large diameter transmission piping has been extended west with development of the Bull Mountain area in anticipation of the ultimate extension of the 410 Zone to serve the River Terrace area. It is recommended that existing 18-inch diameter piping on SW Roy Rogers Road at SW Scholls Ferry Road to the north and on SW Beef Bend Road near SW 150th Avenue to the south be extended as new 20-inch diameter pipe west into River Terrace. The existing 18-inch 13-1484 Page 4 of 9 River Terrace Community Plan January 2014 City of Tigard diameter piping to the north was recently installed in SW Scholls Ferry Road to serve the River Terrace area. Given the likelihood that the earliest development in the 410 Zone may not all occur near the north or south connections to existing 410 Zone transmission, provisions should be made for extending service into the 410 Zone areas in advance of major transmission piping in SW Roy Rogers Road. It is recommended that a new pressure reducing valve (PRV) station be constructed near the intersection of SW Bull Mountain Road and SW Roy Rogers Road to allow for interim service and for future supply redundancy to this area. Conceptual level cost estimates for the recently installed 18-inch diameter transmission piping, the proposed 20-inch diameter transmission piping, and the proposed PRV station are presented later in this addendum. Cost estimates are based on an assumed transmission main alignment which generally follows SW Roy Rogers Road from existing transmission piping south to the proposed River Terrace rights-of-way shown on Figure 4. These proposed River Terrace rights-of-way will carry transmission piping west to SW 150th Avenue at SW Woodhue Street and south on SW 150th Avenue to existing transmission piping on SW Beef Bend Road. 713 Zone A small area of the River Terrace Community northwest of SW 150th Avenue and SW Woodhue Street will be served by the Tigard 713 Zone as shown on Figure 4. It is recommended that this area be served by extending distribution mains from existing 8-inch and 12-inch diameter piping on SW 150th Avenue. No additional transmission piping or other facilities are anticipated to serve this area. 550 Zone Service Alternatives The existing Tigard 550 pressure zone is divided into sub-zones 550A through 550H which form a partial ring at the base of Bull Mountain. Establishment of these sub-zones in the Tigard water system allowed customers at this elevation to be served as development occurred without constructing looped transmission piping all the way around Bull Mountain at this elevation. Large diameter transmission piping has been extended through each of these sub-zones to facilitate completion of a transmission loop around Bull Mountain with the development of the River Terrace Community. Due to incomplete transmission piping in some parts of the 550 sub-zones, completing this transmission loop may not be the most effective way to serve customers in River Terrace. Two facility alternatives were developed to provide service to the River Terrace portion of the 550 Zone. These alternatives are illustrated on Figures 5 and 6. • Alternative l —construct two missing 550 transmission connections near King City and complete transmission loop through River Terrace 13-1484 Page 5 of 9 River Terrace Community Plan January 2014 City of Tigard • Alternative 2— construct 550 pump station and reservoir to deliver water from existing 410 Zone Menlor Reservoir and connect River Terrace transmission piping to existing 550 Zone transmission For both Alternatives 1 and 2, approximately 8,000 lineal feet (LF) of 16-inch diameter mains would provide north-south transmission through the River Terrace 550 Zone. The alignment of this transmission piping would follow proposed rights-of-way through River Terrace with connections to existing 550 Zone piping at three locations: SW Venezia Terrace, SW Bull Mountain Road and SW 161st Avenue. This proposed 550 transmission piping is illustrated on Figure 6. Alternative 1 would require additional transmission piping within River Terrace and between existing sub-zones 550A, 550G and 550H. Within River Terrace,transmission piping described in the previous paragraph would be extended approximately 4,000 LF south and west from SW 161st Avenue to connect to existing 12-inch piping at SW 150th Avenue and SW Woodhue Street. In order to complete 550 Zone transmission around the west side of Bull Mountain, sub-zone 550A must be connected with 550H east of SW Colyer Way and sub-zone 550H must be connected with 550G east of SW Peachtree Drive near King City. Both of these connections require potentially complex crossings of Clean Water Services (CWS) designated stream corridors outside of existing public right-of-way. In addition to construction feasibility issues, significant land acquisition would likely be required to facilitate construction of stream crossings. Alternative 2 uses proposed River Terrace 550 Zone transmission piping to connect existing sub-zones 550A, 550B and 550C. The expanded West Bull Mountain 550 Zone would be supplied by a proposed reservoir on the city-owned Cach properties. A new pump station adjacent to the city's 410 Zone Menlor Reservoir would supply the proposed Cach Reservoir. Until the proposed pump station is completed, the reservoir could be filled by an existing temporary pump station at the Menlor site which was constructed for the city's Pump Station 10 expansion project. Alternative 2 would also require installation of transmission piping from the proposed Cach Reservoir site to connect to existing 550B piping on SW 158th Terrace at SW Baker Lane. Proposed transmission piping from 550B to the proposed reservoir site would require crossing a CWS designated stream corridor in the city-owned Cach Park Natural Area. Unlike Alternative 1, no property acquisition is anticipated to facilitate construction of this stream crossing. Recommendation: Alternative 2 It is recommended that the River Terrace Community 550 Zone be served from a new reservoir and pump station as described in Alternative 2. Alternative 2 would provide adequate fire and emergency storage within the 550 Zone rather than relying on pressure reducing valves to provide supply from the 713 Zone reservoirs which have inadequate existing capacity to serve forecasted 550 Zone demands as presented in the 2010 Water Plan. 13-1484 Page 6 of 9 River Terrace Community Plan January 2014 City of Tigard Proposed 550 Zone Cach Reservoir Storage Capacity The proposed Cach Reservoir, required for recommended 550 Zone service Alternative 2, must be sized to provide adequate storage capacity for sub-zones 550A, 550B, 550C and the River Terrace 550 Zone area. Projected demands for sub-zones 550A through C in 2030 are taken from the 2010 Tigard Water System Master Plan. River Terrace 550 build-out demands are presented in Table 1 of this addendum. Storage capacity criteria are consistent with the 2010 Water Plan as described earlier in this addendum. Required fire flow capacity is 3,000 gpm for 3 hours based on the proposed school in the River Terrace 550 Zone. It is recommended that the Cach Reservoir have an approximate capacity of 3.0 million gallons (MG) as summarized in Table 2. Table 2 Proposed 550 Zone Cach Reservoir Capacity West Bull Mt ADD PDD Required Storage (MG) 550 Zone (mgd) (mgd) Operational Fire Emergency TOTAL 550A 0.09 0.19 0.05 0.18 550B 0.34 0.71 0.18 0.68 550C 0.24 0.50 0.13 0.48 River Terrace 0.28 0.59 0.15 0.56 TOTAL 0.95 1.99 0.51 0.54 _ 1.9 2.95 Notes: 1. Sub-zone 550A and 550C demands are taken from the 2010 Water System Master Plan demand tables for the year 2030. 2. Sub-zone 5508 2030 demands have been re-calculated for this Addendum to exclude land which is now part of the River Terrace Community. 3. Operational storage is estimated as 25 percent of PDD. 4. Fire storage is based on a required fire flow of 3,000 gpm for 3 hours due to the proposed school in the River Terrace 550 Zone. 5. Emergency storage is estimated as 2 times ADD. Proposed 550 Zone Pump Station Capacity The proposed 550 Zone pump station at the Menlor Reservoir site should have adequate firm capacity to supply PDD for the proposed West Bull Mountain 550 Zone. Firm capacity is defined as the total pump station capacity with the largest pump out of service. This criterion for pump station sizing is consistent with the city's 2010 Water System Master Plan. As shown in Table 2, total PDD for the West Bull Mountain 550 Zone, a combination of 550A, B, C and River Terrace sub-zones, is 1.99 mgd or 1,382 gpm. It is recommended that the proposed 550 pump station on the Menlor site have an approximate firm capacity of 1,400 gpm. The existing temporary pump station at the Menlor Reservoir site has a single pump with a 1,500 gpm design capacity. The temporary pump station is equipped with a variable frequency drive (VFD). Although this pump station is capable of supplying adequate flow to 13-1484 Page 7 of 9 Riper Terrace Community Plan January 2014 City of Tigard the proposed Cach Reservoir it lacks the redundancy provided by multiple pumps, thus a permanent pump station is required to replace the existing station. Future Service to Urban Reserve Areas Water service to the Urban Reserve Area (URA), URA6C (North), URA 6C (Middle) and URA 6C (South) assumes that the recommended 410-foot pressure transmission piping for the River Terrace area is constructed. All three URA areas are at an elevation that can be served directly from the 410-foot pressure zone. Existing storage facilities and proposed transmission piping for the River Terrace area are adequate to extend the water distribution piping grid to these areas for water service. It is anticipated that looped 8-inch to 12-inch diameter piping will be adequate for residential development in these areas. Larger transmission piping may be required if high density residential, commercial or industrial development is planned in these areas. IV. CAPITAL IMPROVEMENT PLAN Summary of Recommendations and Conceptual Level Costs It is recommended that water service be provided to the River Terrace Community by extending transmission and distribution mains from the City of Tigard's existing 410, 713 and 550 pressure zones. The 713 Zone includes only a small area of the River Terrace area that can be effectively served by extending existing distribution mains with no additional transmission required. Proposed piping would be placed in public rights-of-way to be dedicated as part of the River Terrace development. Proposed public rights-of-way are illustrated on Figure 4. Adequate storage is available in the 410 and 713 Zones to serve proposed customers in River Terrace. It is recommended that a 3.0 MG storage reservoir be constructed to serve the River Terrace 550 Zone as part of a larger West Bull Mountain 550 Zone which would include the existing 550A, 550B and 550C sub-zones. This proposed 550 Zone reservoir would be constructed on the city-owned Cach properties. The reservoir would be filled through a new pump station with a firm capacity of 1,400 gpm located at the 410 Zone's Menlor Reservoir site. Until the proposed pump station is completed, the proposed Cach Reservoir may be filled from an existing temporary pump station on the Menlor site with a design capacity of 1,500 gpm. Service from the proposed Cach Reservoir would also require installation of transmission piping from the reservoir site to existing 550B piping on SW 158th Terrace at SW Baker Lane. Conceptual level costs for proposed water facilities to serve the River Terrace Community are presented in Table 3. Cost estimates represent opinions of cost only, acknowledging that final costs of individual projects will vary depending on actual labor and material costs, market conditions for construction, regulatory factors, final project scope, project schedule and other factors. The American Association of Cost Engineers (AACE) classifies cost estimates depending on project definition, end usage and other factors. The cost estimates presented here are considered Class 4 with an end use being a study or feasibility evaluation 13-1484 Page 8 of 9 River Terrace Community Plan January 2014 City of Tigard and an expected accuracy range of-30 percent to +50 percent. This range represents the potential variability of project costs and should not be applied directly to the estimates presented in Table 3. Estimated costs include approximate construction costs and an allowance for administrative, engineering and other project related costs. Unit costs for transmission piping are based on unit costs presented in the 2010 Tigard Water System Master Plan. Since construction costs change periodically, an indexing method to adjust present estimates in the future is useful. The Engineering News-Record (ENR) Construction Cost Index (CCI) is a commonly used index for this purpose. For purposes of future cost estimate updating, the current ENR CCI for Seattle, Washington is 10135 (November 2013). Table 3 River Terrace Proposed Water Facilities Conceptual Cost Estimates Total Conceptual Proposed Facility _ Qty Unit _ Unit Cost Cost 410 Zone: 18-inch Transmission Main 2,500 LF - $1,398,500m'm 20-inch Transmission Mains 15,200 LF $400 $6,080,000 550 Zone to 410 Zone PRV 1_ LS $200,000 $200,000 713 Zone: None - - I - I - 550 Zone(Alternative 2): 16-inch Transmission Mains through River Terrace 8,000 LF $350 $2,800,000 3.0 MG Cach Reservoir 1 LS $5,400,000 $5,400,000 16-inch Transmission from Reservoir to 550B 1,700 LF $350 $595,000 1,400 gpm (firm capacity) Pump Station 1 LS $1,100,000 $1,100,000 Note: 1. This cost is the City of Tigard's budgeted amount for the installation of this pipe. 13-1484 Page 9 of 9 River Terrace Community Plan January 2014 City of Tigard �- '7 , - - .�• �T , ,, .4 I _ `-� 'y'lt+ f .:.y� f s`�.o�, z.. -- 'N'' .wklr.$. t r11,r��1--rt',Xs..IIlsli.:ie2=l�'sitl3� •,ft. : • e I r °('r^ t,.. 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MI are !er 'jl 3 T 1 _ ) - -1 r _ c: S c ij'' j . lu1 •.gnu .s I uj X11 r. r FIGURE 5 i i CO NECK • t t i !►' •.`^- �, _ I ,�"I( yJ_L.�.� .t /E!!+� 4�.+a..! - - 1k' I y �Li ar ■E TING• I J e S1 7 ENLOR ,I :,,t',.,..,-,'L.;,,,,• '? -I1. i 1,• ! t' 't ( `� (' 1 ;t �ItJNj,�J .� 1 RESERVOLR w,lI '•" ' ,, ON ` � H.,. , 1[11 119 .l,i 111 1 . �. CAP'7.5411I67;— `,, . �rlll`gIti1:'i" ` TIGARI)•L_�- -l —a 11 4l:.. 6"i1111111t140 1 i ' ',,..r ',, R •OL ', \ 4 +°r , -� �, CITY OF TIGARO ! �- I-"^J`�---y =.,ry -'' u :�111i ..4 -r 'ION'_x. RIVER TERRACE COMMUNITY PLAN ! 1•T��41_ '_ —_ G� - R 1�.. / ,p-e., - :1 .-4-, i, .► R: f .T s-y,' .� �• AN_ 1 I1 '?C' M �„ -c _- •. — , RIVER TERRACE 550-ZONE I , 1, _L 1 , , -.'� ' ' 'y::' -- �I J_ ,� ` SERVICE ALTERNATIVE 1 1. j, , -._ I.--,,-,7i. , ,,__• ...iti . .....,‘,•...,4-p:i'7 , - . Trr.71 ._.'._ 4::,: :,.16 • sA ,,,....., ...„.„:,. .-- ! I _. 1- J '�I _ii • _ _ ,, � 1 • l� January 2014 W„_ , --1-;'. .--1---7--"--- : 7- "1.1:6( '•-) t-- ' ' • - 1 al III - yyl a t i I , '� i`�lL X/t. ..11 r — i-_:. r^ IIuJ I.ll'Err.,�M1, MN,..3.1) ! ,r-....h._,.- l�� I •y 6-� , f I V :, rip ( -;11 I I 1 + 1 l L..0-nr 0w`R M.,,o r� 13-1484 �_= �_ , LI I I I-_�a^.'f. `1 J�1 :, 0.10-8 I .1,4 �''.t y I ',~1,J ..,_.4 ,_ —. -r_ �rl�`� �c r.4 UT s l ' ~ t++ J�'��f/VI�Ml7EN�1�fiW7i lh0.t!rI1EG:IN1, !�dyI � I. - ��.�'' ^�„�'��Y[�iu -- I � �-� �I y � T` ,L �I �• +i� I ~T - � �• (��2� 4........\ i.''p111iHriir �', I r { ►;w I'W I Imo' I t ,). _ 1.�y IMllrrlll _ Y�y t;� �'-t .sv[. sessni g 1 1 !"' I I=1,' y, u Nglirl .I.' 1 I'} A%FL I IE{,i �f - rf i , "u , i `--` IL . 1 i ■.f __� 1-.'' SCALE IN FEET • - �I4flllr 1 �I Y _ �yw L , � URC i —__. `. J ..4+..1`131-'4 -1.,.--',. I .1. -. _ G! ,T< L; .. �•\' •:'Ja i\� 4, CcONTOURE.CLEAN WATER SERVICES. 1,,1 I ~ �L f -r W .4.1.."'..L4:-,1.-1 _1 '. Il 1 1:1 ' "--1 :1-'•J, "4;1 14. ' i.• AERIAL PHOTO.EMIR!MRCO18 ONLINE(JULY 2010)- . • 11 r. _ , L` 9� wi ,mac I:'- I� _ i'-4 , ( 7 WATER SYSTEM-CITY OF T10ARD(OEC 7010). Er _'--r �•r 1. • III'DLO - I - = -�—., - t",', .I� 1- ...! Mr �y / . 1�i��'I I ALL OTHER BA SEMAP P MO 1JETROMLIB(NOV 2077).Api n I. ' I^ ` J• 1 1 ;tirrBl�•�frL, hi i u �',r.3'R1, rjl�.• — G Lu..,.■c,3-3 p 1. .r > ti Icy;` MI��a WIM�.1<.ij �___„vt,�e ir+ Z e:�� 1t:' 4. �' ,•I' r I 1 .1 IK I !. . -\ `-�- ..- i►3 FI' •C.2`_ 11VI 1` _ I vii g t0 `,�1��-�r-7"" ---_ - , ,—; _.__!r _-- t i• , ..j.,-1,' ” 4�1.� � �� TP; " r' I tl III c. iS _tftr ''',i _,I r ` '?'y1t��,1 - tr,,,_� - 4 - -:'j", ---1:- - ---- r ', +.� ,j� `},lll -��.. c � � r ,j �i�t.J/� !i� .F i'.r t._4 >a$'{ l�. �1 s ---. X1 ' f- ` i. IM LEGEND .. .-,— ., f� - _" ,- ,. 241a, •` ,` v ti , ,r ' • �- : , -'� PROPOSED WATER MAIN '�'-�• i. .I .\' • 3�� f:`/ ' - �i I- 't''.1`�' .,i�7wF jiy :i, N_ � .d• '„.,�y,, t :: � � �■550 PRESSURE ZONE • - �z .�--- {._. 4:- h - iii + ,S� 111 __ r = Li �. >.. � MY ",,":6_• e .-1..:.- �n 'i _1 PROPOSED RIGHT-OF-WAY __ I .L.__ ._jI':T� 2 .4_,�2. Ai - .I / ti - ,I �r j,- -2�� . NATURAL RESOURCE CORRIDOR I �I - -,- 1 f_�- i `d�qt t'--,1%- -'• --- - - -i-----r 1 � �O0 I` # i --'- - . 1 <. C'- ►NOT - _ }- = 1.`� �IH'w� I_ TIGARD CITY LIMITS I ��■��L•.• ��_ f'►: ,. _ I - - - - ••IIp:il•_1 _ EXISTING WATER MAIN t_l I ' I. .Es �q•D, W1i�i�!. , 1 -+I ? I LI'1 I - ' 1 c•{ 1,,_I '[I - -- 10'CONTOURS -- r _ _ r ' -- _ -- • [ t -; - � iR.a:ec:rs •3t• a @11.111 11 Il (` - . • I - I! - )I , I , ...-^ .�,-zotwx u,t', li (i' p -.ill, j z._:<+n•NRrnaoe.. �.�.;�:.∎IT... II �I 99 �-aa Z ,"- 11i. 1I iI 1 i - 1i.11 f ara- a��+ r�.,�.��• I' I ' I a il' ,, ma.l_ rIPPIlls..1 f C`'r y _ e ■ "� ._ 1 f' ,„!..,.._,,s, ''' c �, FIGURE 6 P C�C'� NECT !.;�►�� , - <_ •. A` + ,II. •.,_fir• 114 q I Y' .o, TING .__ II' yRESER`RESERVOIR. •,PRCkF e I. .11 f 1•,-,0 1 1c) t Via, 'y t� ` " it11Z. '%AP; S G 1,,I •cy,0 1:44 I v s I '1 .1' ' ,z,-,%-,-.t-k.- ti it `"� _hdE 10 { a. — „4.�� I I I t i A R I) r� -• r ION ,I • L. 111 /[,111 11 .•- 1 n.... , P �I' P s_Tl�l •�'�,r�. if IA.-. 1.__L-1" — ---- 11 I + Sr11,i =1 CITY OF TIGARD ___1,4.-_-- k=�j •itil x l:- ,` ,. . '''N' , ',CROP®o` =},11� � RIVER TERRACE COMMUNITY PLAN -.7 ft--, I -.1L., t 1, � 7..r �_ _ 42 ,! �I- - .: = { 0-FOQ — RIVER TERRACE S60-ZONE ;__.�. 1_,..,..7___,4_,1 -_ E-1 "11 RQ,y.- : —_ Lj- "RE"SERVO i SERVICE ALTERNATIVE 2 I _! t --I .. ! 1/gyp, 1 ... • �� _ s"I S r January 2014 if IF'^ � '- ,.. 1— _ •"1_ -'g1 .1- A • ...„ ,l.Jd _ `` •.2,4.. _ - lr.__..1 . 1 sl . I " :� Nom, ��Stsociari.Inc .r t=-- - .I � 111 , stir' .I. ' 1-7,-- I . �'`� I I r 1 TheottriThiners 1 -- • • i •. ;5. iEl'1.--,, a..i3 411;' '/-=,-- Y , 4 { ISAm " . __,5.! ( ' >7-'^ - �_�4 _I �' V !'., J , '' Iy�J,_{ f + - �I ,••••∎ 10,427... 13-1484 ga,r= __-=i_ _ L 1 I ` y LL� OSA _ ''--- w I - - rt`; � C,�ea=:mow=MaNr+PlWdrsw�.,o.eenia�rwm - I` - �A c. T=- - ill 1 ' ' - ■ prq / R ,a tr , -' 'ill IlL — T N T TO 1 - _ , ,. •Its �. � sworn/ _�I f rl I„ `I _ R p IN } Stl�'.. N � I f 1200 f` au-t'�.,09 R�1Mf �`- /' ` t. 'IIIG tI if °IP' r 5-1, 1 1/ �%" ' P 1'x-1 I ' 'pi i■+r l!tl 11111 F- i -1 , SCALE IN FEET w 11 _ f 7•11.--1- --t 1- - T fir' :- ) \ �I��` CONTOURS-CLEAN WATER SERYKE6. •, - i ._L • !r .I' AERIAL PHOTO-ESRI ARCOIS ONLINE Al( LY Mt 01 7 C. J. t i I - j _ _ ( 1 j~ , , MATER SYSTEM-CRY OF TIGARD(DEC]010). �.40e J. I.'. -'''s - - i lI i �' •1 _ - �, j,-,511, i .(411:1,44. ALL OTHER BASEMIPPWO META OPUS(NOV 201]L 1 /- .7 lino - --,_ . ,, .fi—riz foT rileiN . -.-4iwrzirrlitlial . _ ..,.....,_. . , .1 ji . . .......,,,. .., .. . . .4 _1,.it. WI i„,,,,, tit..1._ .•...,7,... _1_71 It_il I ,_-a== ,y Atria `12�. i►11_7 •`h fill* r ( - I• LEGEND -- �! > , i• PROPOSED RESERVOIR �- y 1 ►.T` 14 1••1. + g '' 441' I l�I, l I ^ ..:-...:._,_...-"""..;":7 •N It-, ,111r� •'riVZ ' + 0.- r 1„ . .�7`{ R us I cli PROPOSED PUMP STATION •[ _ I 1 .. r�>-7 •Y— # -'Sr+' It-, _ Att1.0,....,... .../..,." ,: 1: It l!S.. _ /-T 4,---- '•yy,, _yr! _ 1 , i rya. ' 1 . j I-- ,� __'ll • 1=), .1 i,,-• p, _ 1„' --„c--,.--.„'--S N6 44 " 'fie'__ �b;�r;,,y°,. PROPOSED WATERMAIN I r e •t 9,., f' -;,,,`'`- -. - yA--nil S'_` !, �_ v,.R -� Lro, 3 : -1 �I J 5SO PRESSURE ZONE �• - ' CI-_--.—J_ - -. . 1 '- n.fr_L,. .I t 'fa` _ rl, 'i. St,;:a jr- - -• L_1 PROPOSED RIGHT-OF-WAY I ' �tY ' •, t?tit ft ? t - I -�� 1•L. h, _ '.�1 Illy; �.�� : I-7 NATURAL.RESOURCE CORRIDOR i I ip -1 t .1 --_I - .\ ; T -. ,44 • .�Q. .!`,� =``7�� '�_.. TIGARD Cfry lIM1T5 I- - f ii'`I - - +'. �. ti �I f; �i �, rt .. 1 I. _ . _ Zi ,� �j��N,��i11 1' ' BE 6E /milt t F■ 4 '�' a .1 I' I m! �[:J�' ,Z.. EXISTING WATER MAIN "_ -- I. '..1 ..r- -+- .__M m' `r I �" i I i' .7F R VIM•10'CONTOURS 1 *II - t�- ; "}` J -- 1 .J I�'"I - -- ... - .,. a N` L d rn , .. �• cve. lJa�rv + rr W LI i _.® .r�es' t .y.""a�r:- '�1aI��1lYl1�UiY"Q7abi7MYmi410•� ��- .LI3 . 1 _ , : it.. --_I i8'_I. _r -si�l ----. "'-.�. - t riT'\. •}• t •r� it _7-- c-s..:c � ^7_�`--,- � � ii .ra�n ��1� ►i ��ylpl t*�^��tl��ll�r_��= s3� � FIGURE 7 C il I j 1 /1 Nn = e'..,,1 111 �, fllll } -'Ji ru ..., ,i _k +� MOM ��0-ZQ� _ -I• `7 i `_ r-".t , _YP.'S'Y - I ;1. 1F' 'Ii••Ij ililiilel.'•f r d 3 - '•• 610144 Id 410- $ s: I i' 1. i x'�; fig` ��' ~1 tor'1 . ff i 1' f}?f l Q�', �1 �: 11(JARn �__ + mss`_ _ " - 11' r r - i . `; ' II 11 ,, .t MEN rR i 550- ' 1q CITY OF TIGARD _�'' • •� l " -e7u IRES6RVOIR' "^•'�PU 'IA '+ a RIVER TERRACE COMMUNITY PLAN r ?� 1 �� - I CA'P- 3!5: 1 nlf.alb!' �-� � -p- � RIVER TERRACE PROPOSED r WATER SYSTEM IMPROVEMENTS � , L-- _- t 1' ' �;; ,�J n zlIi11I ,- R1.; 1• + .:550-F0 . " Jan 2014 m. - I . --— = -- -aL' - . 'gz anon r =� 3 ., C�+ gay 2 cni1 �- -i- t 1. .c� .pi t �` -Gr7EV�� 1tltrll$Iad18.4000Ut61[ r i �� ff ;� a ��F n - I-- -'-z _ ^ __ —._J t iii O'''' • '7--� T' �~ •� ?- --- ,- _T re j� _,1`.-' `a tlti"/ I.QS. i I • W ir, 1 0%,ar,l•h NM•.•,n O I _,_ l __1_ , ;�[ i_ ' is/•.`7.L r . 1) �`f�1 I Q ' •.--'I h{�4�'!►M IEC+t�:a•• 13-1484 O .�,, 1 ++'�'r 1 I 1.. '. =r 1 i , r t'� + .� s_,_ 1 -1-1 1 y II ----Irf�.a:r.saaRa=carte rawlr,_...7:/_.- ii_ __ •( , �•Y 1 , - 1 .�+ �---1 �R"-, Ir' i�'r�J I� r i�'�'•11.'.j-7 a�If I _�If'"-I-,, ( It ri ail - r _ !n .I. iw lsti_ti.,, J .-] �`^_t ' ,i r. I `� m L (1 s l .1 -1�.�p I�.' 1� 'I' I T:.�- �'," i - .x' ;�•rUi1�.Y^pl��:1 -' J L-- { UU�y� _I I� 1� M�� rte!- -', '�I�"; '' , :��II�N-�33 � I , F 1..'."+r �.I-, f,i i ,.. - lay�` 0.1' a lzoo ,• [y'S i rl Illtr n 1-. I .ki Iti _. I. II l -i IJ', 4404:14 Al-ro 1 r T , -'"j '1141 s Q •1 `1 le 'TO }- -' _I. , r 1 :4,'iiri 1 - I•-I �, �/fi/ _ --141"-f R►`' SCALE IN FEET fI6 ri,�n 550-ZONE TO 'mss, +"In► ' " _ r ' ' v+'fi- 1( � ,� �smse I Vr4•1 7-- ! , t (' ' _I I_ iglO7� 17 ,1 �'j�1�l1 GOHTOUR6-CLIwN WATER 6ERVICEB. 410-ZONE �'/ IaA► — Zr a. if_� a ' 1 J3 1 d 1� !!! i7 ep WbTE $Y TEU ECR1ARG61OONLINE(JULY=0 01 11 Y Y N I� yy r� i�•OI' MM7ER SVETEM•CTI OF rl(iARO IOEG t0t01. ti ' \ I i 11111IHr/tea r v ,y. - _ R�IuI/y7 _' t 1 11 6 __,I- �- /• / ,f` it tis ALL OTHER BAIEMNPMO h1E7RpIRLIB(NOV 20/SF I - � 1 J�i�� 'it. fl•Y6f?."7t,� , 1 '�,��1 I �f•'.'YII1fYE■ �� ' •.yi q �; Si.��• {'.`,��*..`.. +�I I � - r' _ _ - ....... -♦`t-- �. •44 L •NI,I 1-`=i-=�r'wia■ ' ,d --- { { ,. -T- t ' .1._ le. 11uLk1ij�s a,f w, _mrr��.- LEGEND I { I - } , ,,+ � s1.r �1. i1s �,�� t_� .. . q • -. I is _ — f i:/,111141.44,* t:n 1 ai `y� :' '� r� l: IN PROPOSED RESERVOIR - :-. '•. - -' 1 I -` tl: , P�` -! a,lrf( r -1- -Jy-•si '..-..�....: _ _ _ - I j -� 1 •=i1•-• , 1�' '� I'` 1 �rffr i`•".tp� _.t �jIP PROPOSED PUMP STATION A - / ',. . t — _=-_.-1 � �. F �QI .L1. � _ ._ �11 1�. I"� '' _:� - ' II.II -- .✓f, - 1 �'P +•� '4,1% f r w' '. 14,.44- k" ' .7". • PROPOSED WATER MAINS _ !: r' I 410 PRESSURE ZONE -II ++I \- °s -� - •• —�_ � `�.� llil0` L i•_•L,. I, , �\9g��1�' ��- .�- 1 j, , 550 PRESSURE ZONE !�_f Ir 4 - r - __ "Ill t?n;r-1.I • `�j- NATURAL - * 1 1'r+l L_ I ..,..S�ONNE�T Y ,a 1 , y J,1'' - t-1 PROPOSED RIGHT-OF-WAY i r-i� •.;-- - ��` Cr '�1 Ca' 'J��, ` i• - : 'WAIT" ,�`t!�RESOURCE CORRIDOR r— 1-_ 41�! �/ r m+: '+ ILA +• 1�4 ' 1 i "' _ .�, I t �s7 �� I T .1 . ION ,WI_ `� r: o°a -' - �� =t�l i. ....1 TIGARD CITY LIMITS _ 4d r j" j J� J ]t EXISTING WATER MAINS !. '�..- _ _ I - _ {i1 1- ' i,1i ! , - f - 'y.• 'd �, j Ilya -- 10'CONTOURS _ -'-'--- • _j ,_ ' - _J ,I Fes. - -1 r --i, I Or ��I%q CITY OF TIGARD, OREGON RESOLUTION NO. 14- 31 A RESOLUTION TO AMEND THE WATER SYSTEM MASTER PLAN TO INCLUDE PROJECTS NECESSARY FOR THE DEVELOPMENT OF RIVER TERRACE WHEREAS, the City of Tigard annexed the River Terrace area west of Bull Mountain in 2011 and 2012; and WHEREAS,the City of Tigard has completed the water portion of the River Terrace Community Plan, and WHEREAS, water public facility projects have been identified as part of that plan,and WHEREAS, these projects are appropriate to be added to the City of Tigard Water Master Plan, and WHEREAS, the City of Tigard may desire to use water system development charges to fund part of all of these projects, NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The projects listed in the Water System Master Plan Addendum (Exhibit A) are hereby added to the Water System Master Plan. SECTION 2: The projects on this list shall be eligible for funding from water system development charges (SDCs) collected in the Tigard Water Service Area as allowed under section 3.24.060 of the Tigard Municipal Code. SECTION 3: This resolution is effective immediately upon passage. PASSED: This /0-#4 day of 9uru_ 2014. W.41 Ma City of Tigard ATTEST: v City Recorder-City of Tigar RESOLUTION NO. 14- (2 11 Page 1 c/1 E w , ► ,. Mk o Q i A.., ,,,, _.4.4,s.. . 4 • -• • * 414e:) . - 4 . , 4 : ,., ,:z, c . ,.4: ,,. -■ ,A, CD C\I .01- ,,.,:),,;,!..,.,.......04P91,u.. ,. -..v Q q ._ t ' e h :1 o _,,•f r.•i •• ' •r, , ',.' 4 ''4 _ %wf'- .` t Airi.;?‘.;. , ^\ • ii.......1 _ •- E . , I '. it ,.. (1),......_ 0 4 1 '� ;� ,1.t.. *. i,i . ,r_r+ , ��E it . . ,,,..• 1:21<‘"--4 CD t. . ; * • •• •.,. fil '-'•' • , uttAl-,..,',:-_,..\,, ,,,,4 •. ..1: , , >11% :• .r,...•.4.446 V lici C L '' ` RE11. (,. CD , ... US ; - ' ~ ' 1, ' r '' 4,■ -�1 �r -� J1i f 1 ',i 1 it), 11%..,.. ...t ."1‘.1 ' A?. • Ill • ACKNOWLEDGEMENTS We would like to thank the many citizens. staff. and community groups who provided extensive input into the development of this Waiter Plan Addendum. Special thanks are due to the members of the River Terrace Technical Advisory Committee and Stakeholder Working Group. CITY STAFF Susan Shanks, Project Manager and Senior Planner Tons McGuire. Assistant Communit} Development Director Rob Murchison. Senior Project Engineer Marissa Grass. Associate Planner Kenny Asher. Community Development Director Michael Stone, City Engineer Brian Rager. Interim Public Works Director John Goodrich. interim Assistant Public Works Director Prepared by Murray. Smith & Associates, Inc. January 201 J Pitt. pINke • Brian M. Ginter. P.E. 62947 Heidi A. Springer. P.E. ? ;• L Lt - --- - OREGON 91ANM 16. MSA RENEWS 6-30— i5 I t-I-Is.. River Term,:('ommunil} Plan iaauary 'I►I-I City of Tirard TABLE OF CONTENTS SUMMARY OF RECOMMENDATIONS 1 I. INTRODUCTION 2 II. BASIS OF PLANNING AND WATER DEMAND PROJECTIONS 3 III. SYSTEM ANALYSIS AND RIVER TERRACE WATER SYSTEM CAPACITY 4 IV. CAPITAL IMPROVEMENT PLAN 8 13-1484 River Terrace Community Plan January 2014 City of Tigard SUMMARY OF RECOMMENDATIONS The focus of this Water System Master Plan Addendum is on providing water service to the River Terrace Community, which is a new area that the City of Tigard's 2010 Water System Master Plan addressed only for overall water supply capacity needs. The proposed changes do not affect the 2010 Water System Master Plan except for minor modification of the forecasted system-wide water demands. The River Terrace Community is divided into the three pressure zones extending across the area, for the purposes of analysis, identified as the 410 Zone, 713 Zone and 550 Zone. Recommendations for the 410 Zone include construction of a transmission loop extending north to south across the River Terrace area, connecting to existing transmission piping at SW Barrows Road and at SW Beef Bend Road. Recommendations for the 550 Zone include new transmission, storage and pumping facilities. An analysis of water service recommendations and alternatives is provided in the following pages. 13-1484 Page 1 of 9 River Terrace Community Plan January 2014 City of Tigard I. INTRODUCTION In 2010, the City of Tigard updated the community's Water System Master Plan, hereafter referred to as the Water Plan. The Water Plan is the document that guides water system infrastructure improvements in the city's water service area. It was presented to the Intergovernmental Water Board and the Tigard City Council in 2010. Since the adoption of the Water Plan in 2010, the West Bull Mountain Concept Plan (WBMCP) was completed and adopted by Washington County and the city. The area now known as River Terrace (and formerly known as West Bull Mountain) was also annexed to the city. This addendum provides an update to the Water Plan specific to the River Terrace study area and contributes to the city's broader goal of completing a River Terrace Community Plan. iwoRDCKMANST . C{� �w e1.G f SW WlIR RD � � S �I, T i •-`0`i pp{ tRRr SWOP 2 YLtf w cp 44AROt I T RRu I IPCCONAtalT a LADOsciR SW 6ONMTA R , o .M DLO ST"RD •M DURNAY RD +tAhR4 SN tilt iUALATIN KO ;. r+ • RO ; SWNri ctos, r Figure 1 River Terrace Study Area(Outlined in Yellow) The WBMCP Alternative Water Supplies analysis provides the basis for water system planning in River Terrace, which consists of transmission, pumping and storage improvements. This Water Plan Addendum refines the WBMCP by evaluating specific facility needs to provide service to the study area, identified in Figure 1, through improvements to the existing Tigard water system. 13-1484 Page 2 of 9 River Terrace Community Plan January 2014 City of Tigard II. BASIS OF PLANNING AND WATER DEMAND PROJECTIONS This Water Plan Addendum follows the City of Tigard's 2010 Water System Master Plan and assumes 2.48 persons per dwelling unit. The City of Tigard projects 2,587 dwelling units within River Terrace for an estimated build-out population of 6,416 in 2035. River Terrace Water Demands Projected water demands in million gallons per day (mgd) for the River Terrace Community are calculated for this addendum by multiplying projected River Terrace population at build- out by estimated per capita demands. Water facilities recommended to serve River Terrace are sized to meet ultimate capacity needs at build-out as discussed later in this addendum. Per capita water demands are as follows, consistent with the 2010 Water System Master Plan: • Average Day Demand (ADD) = 110 gallons per capita per day (gpcd) • Peak Day Demand (PDD) = 231 gpcd The River Terrace water demand at build-out is allocated to the city's 410, 713 and 550 pressure zones according to the percentage of River Terrace land at elevations similar to those of existing Tigard water customers in these pressure zones. Proposed pressure zone boundaries within the River Terrace Community are illustrated on Figure 4. The distribution of River Terrace water demands by zone is as follows: • 410 Zone= 50 percent • 713 Zone= 10 percent • 550 Zone= 40 percent Forecasted River Terrace water demands at build-out are summarized in Table 1. Table 1 River Terrace Projected Water Demand at Build-Out Pressure Zone ADD(mgd) PDD(mgd) 410 0.35 0.74 713 0.07 0.15 550 0.28 0.59 TOTAL _ 0.70 1.48 13-1484 Page 3 of 9 River Terrace Community Plan Januar} 2014 City of Tigard III. SYSTEM ANALYSIS AND RIVER TERRACE WATER SYSTEM CAPACITY In order to provide water service to the River Terrace Community, the city must evaluate necessary supply and storage capacity as well as transmission piping. Water Supply Capacity The city is currently developing a large, long-term supply source through the Lake Oswego- Tigard Water Partnership. The forecasted River Terrace build-out peak demand comprises an insignificant fraction of this supply source capacity. No additional supply facilities are anticipated to serve River Terrace. Storage Capacity The city's 2010 Water System Master Plan defined criteria for assessing adequate storage capacity in each of Tigard's pressure zones. Required storage capacity is divided into three major components—operational storage, fire flow storage and emergency storage—which are defined as follows: • Operational Storage— 25 percent of PDD • Fire Flow Storage—land use with highest fire flow requirement within the zone o Residential • Low Density= 1,500 gallons per minute(gpm) for 2 hours • Medium Density= 2,500 gpm for 2 hours • High Density= 3,000 gpm for 3 hours o Commercial and Industrial ■ 3,000 gpm for 3 hours • Emergency Storage— 2 times ADD Based on these criteria, adequate storage is available in the 410 and 713 pressure zones to serve the relatively small additional demands from River Terrace. Storage capacity assessment in the 550 Zone depends upon the selected River Terrace 550 water service alternative as discussed later in this memo. River Terrace Proposed Water System Facilities 410 Zone The Tigard 410 Zone serves a majority of existing Tigard customers. Large diameter transmission piping has been extended west with development of the Bull Mountain area in anticipation of the ultimate extension of the 410 Zone to serve the River Terrace area. It is recommended that existing 18-inch diameter piping on SW Roy Rogers Road at SW Scholls Ferry Road to the north and on SW Beef Bend Road near SW 150th Avenue to the south be extended as new 20-inch diameter pipe west into River Terrace. The existing 18-inch 13-1484 Page 4 of 9 River Terrace Community Plan January 2014 City of Tigard diameter piping to the north was recently installed in SW Scholls Ferry Road to serve the River Terrace area. Given the likelihood that the earliest development in the 410 Zone may not all occur near the north or south connections to existing 410 Zone transmission,provisions should be made for extending service into the 410 Zone areas in advance of major transmission piping in SW Roy Rogers Road. It is recommended that a new pressure reducing valve (PRV) station be constructed near the intersection of SW Bull Mountain Road and SW Roy Rogers Road to allow for interim service and for future supply redundancy to this area. Conceptual level cost estimates for the recently installed 18-inch diameter transmission piping, the proposed 20-inch diameter transmission piping, and the proposed PRV station are presented later in this addendum. Cost estimates are based on an assumed transmission main alignment which generally follows SW Roy Rogers Road from existing transmission piping south to the proposed River Terrace rights-of-way shown on Figure 4. These proposed River Terrace rights-of-way will carry transmission piping west to SW 150th Avenue at SW Woodhue Street and south on SW 150th Avenue to existing transmission piping on SW Beef Bend Road. 713 Zone A small area of the River Terrace Community northwest of SW 150th Avenue and SW Woodhue Street will be served by the Tigard 713 Zone as shown on Figure 4. It is recommended that this area be served by extending distribution mains from existing 8-inch and 12-inch diameter piping on SW 150th Avenue. No additional transmission piping or other facilities are anticipated to serve this area. 550 Zone Service Alternatives The existing Tigard 550 pressure zone is divided into sub-zones 550A through 550H which form a partial ring at the base of Bull Mountain. Establishment of these sub-zones in the Tigard water system allowed customers at this elevation to be served as development occurred without constructing looped transmission piping all the way around Bull Mountain at this elevation. Large diameter transmission piping has been extended through each of these sub-zones to facilitate completion of a transmission loop around Bull Mountain with the development of the River Terrace Community. Due to incomplete transmission piping in some parts of the 550 sub-zones, completing this transmission loop may not be the most effective way to serve customers in River Terrace. Two facility alternatives were developed to provide service to the River Terrace portion of the 550 Zone. These alternatives are illustrated on Figures 5 and 6. • Alternative 1 —construct two missing 550 transmission connections near King City and complete transmission loop through River Terrace 13-1484 Page 5 of 9 River Terrace Community Plan January 2014 City of Tigard • Alternative 2— construct 550 pump station and reservoir to deliver water from existing 410 Zone Menlor Reservoir and connect River Terrace transmission piping to existing 550 Zone transmission For both Alternatives 1 and 2, approximately 8,000 lineal feet (LF)of 16-inch diameter mains would provide north-south transmission through the River Terrace 550 Zone. The alignment of this transmission piping would follow proposed rights-of-way through River Terrace with connections to existing 550 Zone piping at three locations: SW Venezia Terrace, SW Bull Mountain Road and SW 161st Avenue. This proposed 550 transmission piping is illustrated on Figure 6. Alternative 1 would require additional transmission piping within River Terrace and between existing sub-zones 550A, 550G and 550H. Within River Terrace,transmission piping described in the previous paragraph would be extended approximately 4,000 LF south and west from SW 161st Avenue to connect to existing 12-inch piping at SW 150th Avenue and SW Woodhue Street. In order to complete 550 Zone transmission around the west side of Bull Mountain, sub-zone 550A must be connected with 550H east of SW Colyer Way and sub-zone 550H must be connected with 550G east of SW Peachtree Drive near King City. Both of these connections require potentially complex crossings of Clean Water Services (CWS) designated stream corridors outside of existing public right-of-way. In addition to construction feasibility issues, significant land acquisition would likely be required to facilitate construction of stream crossings. Alternative 2 uses proposed River Terrace 550 Zone transmission piping to connect existing sub-zones 550A, 550B and 550C. The expanded West Bull Mountain 550 Zone would be supplied by a proposed reservoir on the city-owned Cach properties. A new pump station adjacent to the city's 410 Zone Menlor Reservoir would supply the proposed Cach Reservoir. Until the proposed pump station is completed, the reservoir could be filled by an existing temporary pump station at the Menlor site which was constructed for the city's Pump Station 10 expansion project. Alternative 2 would also require installation of transmission piping from the proposed Cach Reservoir site to connect to existing 550B piping on SW 158th Terrace at SW Baker Lane. Proposed transmission piping from 550B to the proposed reservoir site would require crossing a CWS designated stream corridor in the city-owned Cach Park Natural Area. Unlike Alternative 1, no property acquisition is anticipated to facilitate construction of this stream crossing. Recommendation: Alternative 2 It is recommended that the River Terrace Community 550 Zone be served from a new reservoir and pump station as described in Alternative 2. Alternative 2 would provide adequate fire and emergency storage within the 550 Zone rather than relying on pressure reducing valves to provide supply from the 713 Zone reservoirs which have inadequate existing capacity to serve forecasted 550 Zone demands as presented in the 2010 Water Plan. 13-1484 Page 6 of 9 River Terrace Community Plan January 2014 City of Tigard Proposed 550 Zone Cach Reservoir Storage Capacity The proposed Cach Reservoir, required for recommended 550 Zone service Alternative 2, must be sized to provide adequate storage capacity for sub-zones 550A, 550B, 550C and the River Terrace 550 Zone area. Projected demands for sub-zones 550A through C in 2030 are taken from the 2010 Tigard Water System Master Plan. River Terrace 550 build-out demands are presented in Table 1 of this addendum. Storage capacity criteria are consistent with the 2010 Water Plan as described earlier in this addendum. Required fire flow capacity is 3,000 gpm for 3 hours based on the proposed school in the River Terrace 550 Zone. It is recommended that the Cach Reservoir have an approximate capacity of 3.0 million gallons (MG) as summarized in Table 2. Table 2 Proposed 550 Zone Cach Reservoir Capacity West Bull Mt ADD PDD Required Storage(MG) 550 Zone (mgd) (mgd) Operational Fire Emergency TOTAL 550A 0.09 0.19 0.05 0.18 5508 0.34 0.71 0.18 0.68 550C 0.24 0.50 0.13 0.48_ River Terrace 0.28 0.59 0.15 0.56 TOTAL 0.95 1.99 0.51 0.54 1.9 2.95 Notes: 1. Sub-zone 5S0A and 550C demands are taken from the 2010 Water System Master Plan demand tables for the year 2030. 2. Sub-zone 550B 2030 demands have been re-calculated for this Addendum to exclude land which is now part of the River Terrace Community. 3. Operational storage is estimated as 25 percent of PDD. 4. Fire storage is based on a required fire flow of 3,000 gpm for 3 hours due to the proposed school in the River Terrace 550 Zone. 5. Emergency storage is estimated as 2 times ADD. Proposed 550 Zone Pump Station Capacity The proposed 550 Zone pump station at the Menlor Reservoir site should have adequate firm capacity to supply PDD for the proposed West Bull Mountain 550 Zone. Firm capacity is defined as the total pump station capacity with the largest pump out of service. This criterion for pump station sizing is consistent with the city's 2010 Water System Master Plan. As shown in Table 2, total PDD for the West Bull Mountain 550 Zone, a combination of 550A, B, C and River Terrace sub-zones, is 1.99 mgd or 1,382 gpm. It is recommended that the proposed 550 pump station on the Menlor site have an approximate firm capacity of 1,400 gpm. The existing temporary pump station at the Menlor Reservoir site has a single pump with a 1,500 gpm design capacity. The temporary pump station is equipped with a variable frequency drive (VFD). Although this pump station is capable of supplying adequate flow to 13-1484 Page 7 of 9 River Terrace Community Plan January 2014 City of Tigard the proposed Cach Reservoir it lacks the redundancy provided by multiple pumps, thus a permanent pump station is required to replace the existing station. Future Service to Urban Reserve Areas Water service to the Urban Reserve Area (URA), URA6C (North), URA 6C (Middle) and URA 6C (South) assumes that the recommended 410-foot pressure transmission piping for the River Terrace area is constructed. All three URA areas are at an elevation that can be served directly from the 410-foot pressure zone. Existing storage facilities and proposed transmission piping for the River Terrace area are adequate to extend the water distribution piping grid to these areas for water service. It is anticipated that looped 8-inch to 12-inch diameter piping will be adequate for residential development in these areas. Larger transmission piping may be required if high density residential, commercial or industrial development is planned in these areas. IV. CAPITAL IMPROVEMENT PLAN Summary of Recommendations and Conceptual Level Costs It is recommended that water service be provided to the River Terrace Community by extending transmission and distribution mains from the City of Tigard's existing 410, 713 and 550 pressure zones. The 713 Zone includes only a small area of the River Terrace area that can be effectively served by extending existing distribution mains with no additional transmission required. Proposed piping would be placed in public rights-of-way to be dedicated as part of the River Terrace development. Proposed public rights-of-way are illustrated on Figure 4. Adequate storage is available in the 410 and 713 Zones to serve proposed customers in River Terrace. It is recommended that a 3.0 MG storage reservoir be constructed to serve the River Terrace 550 Zone as part of a larger West Bull Mountain 550 Zone which would include the existing 550A, 550B and 550C sub-zones. This proposed 550 Zone reservoir would be constructed on the city-owned Cach properties. The reservoir would be filled through a new pump station with a firm capacity of 1,400 gpm located at the 410 Zone's Menlor Reservoir site. Until the proposed pump station is completed, the proposed Cach Reservoir may be filled from an existing temporary pump station on the Menlor site with a design capacity of 1,500 gpm. Service from the proposed Cach Reservoir would also require installation of transmission piping from the reservoir site to existing 550B piping on SW 158th Terrace at SW Baker Lane. Conceptual level costs for proposed water facilities to serve the River Terrace Community are presented in Table 3. Cost estimates represent opinions of cost only, acknowledging that final costs of individual projects will vary depending on actual labor and material costs, market conditions for construction, regulatory factors, final project scope, project schedule and other factors. The American Association of Cost Engineers (AACE) classifies cost estimates depending on project definition, end usage and other factors. The cost estimates presented here are considered Class 4 with an end use being a study or feasibility evaluation 13-1484 Page 8 of 9 River Terrace Community Plan January 2014 City of Tigard and an expected accuracy range of-30 percent to +50 percent. This range represents the potential variability of project costs and should not be applied directly to the estimates presented in Table 3. Estimated costs include approximate construction costs and an allowance for administrative, engineering and other project related costs. Unit costs for transmission piping are based on unit costs presented in the 2010 Tigard Water System Master Plan. Since construction costs change periodically, an indexing method to adjust present estimates in the future is useful. The Engineering News-Record (ENR) Construction Cost Index (CCI) is a commonly used index for this purpose. For purposes of future cost estimate updating, the current ENR CCI for Seattle, Washington is 10135 (November 2013). Table 3 River Terrace Proposed Water Facilities Conceptual Cost Estimates Total Conceptual Proposed Facility _ Qty _ Unit Unit Cost Cost 410 Zone: 18-inch Transmission Main 2,500 LF $1,398,500m 20-inch Transmission Mains 15,200 LF $400 $6,080,000 550 Zone to 410 Zone PRV 1 LS $200,000 _ $200,000 713 Zone: None - I - - - 550 Zone (Alternative 2): 16-inch Transmission Mains through River Terrace 8,000 LF $350 $2,800,000 3.0 MG Cach Reservoir 1 LS $5,400,000 $5,400,000 16-inch Transmission from Reservoir to 550B 1,700 LF $350 $595,000 1,400 gpm (firm capacity) Pump Station 1 _ LS $1,100,000 $1,100,000 Note: 1. 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I, •`, n � ply souacE. . _2-l.t' - 'FAG .J AIL L 1 'I' ! l 1, ! +'r: f-'+�� ...°-(' 'i' .^`��Li,\� CONTOURS-CLEAN WATER SERVICES *I �" I 1 4��'' "J-4J-h-Cr. - � y .{- Ii i3;�� ry / -> 1:'I r Kull- < AERIALPN.`7.; RIARGISONLINE(JULY2010), R ' n'L I t� ,�■ t - l _ �� i; WATER SYBTEM RV OF Ti6AR0(0EC 20701 jr Illi v `' �.0. - - _ y�� 1`� _ �I �,!!�rirll !(j - t y ALL OTHER SASEMAPPING METRO/RLISNOV 2017 I I I I 1 __ Imo_ 1! �' � 1 � I' 1 a►t, `. r rar \� i r' , LJ - T t��• � ,$;� :°1.Z"'l ,.%.• _, ,. `x'!0746.� 1 4iR& --_�-Nl� 'i UT _,foa'— - L1L* 1a p} i -I e QN •.•Y_. N ... 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Ir.R■L � a, �� 1-i1 1►, r,� -,..,`‘7.. � , „ ,' .' •Ilr� - /� CITY OF TIGARD _ -� i--=:- r G ��1. _ ! fROFOC ' RIVER TERRACE COMMUNITY PLAN �� I ' _, , _ ,Y1.1 . ° ,. 0-FOOFY I 1 g RIVER TERRACE 550-ZONE '� R s 7-t f t'` f, -RESERV qr.:- — ' j it SERVICE ALTERNATIVE 2 pi �,3 1 1`' t 111_ ( }(rP 1#�-.•-•-4.---i-� '14„,4!1:. 6 1 8-._ January 2014 A /�Y -L=--r r-' -4._,. 1 .(.�-1 Fes?' .� ,..1 ri,,;d `f '�}-I f r 2',,,:i.,;,!.... I II'- -,-•� '`'.1°.• '' _:• w 1• ... Mu:S�&.'1,s90c.Inc. 1•__..l I 1 I IfIM� I{'�Yr-I- ;1':! Y.. ,��a'_' -_y. '1� R�- r .. `-°C1 1 1 { .11 1 I i phi., -• ` VI -4._.I/` I y'44S' r.' 1•_ .i I Y I---- tY �1 Jr�r -� - �1� I, 1 '1 f � �-� 11 r.+.tew.rw.rr' m;s�e.-� 13-1484 • :_-1---:' ,�-�-},.k7+-y-•f _I , � � ,I _— _ --I � - Lam! I Eyf ' _ y�� { a I I r i j-�• J . 1 1 f,- O E _ `1 III _ -r caW=s: �rc��n:w)� - - _;,...,_,_4 >s r �� A dr.�s:.a eas�o�lw _'=x3- _ .g -o LJ1r try.AI Rb• -* Olt �_ I gj Kroll � �.r� _ ,a, H i.,!--1 d ! 4-ii.: rr��,Y1i 1-'I-f^. ..? 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NATURAL RESOURCE CORRIDOR �� - 41 -Z ,, ll'� " r _ 1 u ` r�7' I.� TIGARD Cm LIMITS -:r _. f ; i 410..2 _ i N � 1�' ,�4J[= 1~ r i`''ce;e':'l" -12 EXISTING WATER MAINS p 11 1 •.� - •-�. 8I ! •,� _ _ i I 1 T �� 1! �7= 1Q CONTOURS ._ 1 _� -- _- F t_ , +)�y �'f'111 —�. - -, ' MRHT p5111 �—� — - - - l JLIW _ =._.r tfr.r�:a1a 11111/ L _ i�1a1i : ...,.I.a AIS-1830 6. Business Meeting Meeting Date: 06/24/2014 Length (in minutes): 10 Minutes Agenda Title: LOCAL CONTRACT REVIEW BOARD: DECLARATION OF EMERGENCY AND CONTRACT AWARD FOR MAIN STREET SEWER REPAIR Prepared For: Joseph Barrett Submitted By: Carol Krager, City Management 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 Should the Tigard Local Contract Review Board declare an emergency and award a contract for the Main Street Sewer Repair Project? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award the contract under an emergency declaration to Kodiak Pacific Construction in the amount estimated at $329,000 and authorize the City Manager to take all necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY On February 11, 2014, the Local Contract Review Board awarded a contract for the Main Street Sewer/Fanno Creek Crossing Elimination project to Jeff Kersey Construction, Inc. in the amount of$243,296.60. Notice to proceed with the work was issued on April 14, 2014 with the Fanno Creek Trail section of the work started first in order to meet a right-of-way agreement time frame on the Diamond property for work on their site. The city had a 45-day window for work on this site and a 60-day total window for the work. The contractor ran into problems on the site, including an excavation failure of a stormwater pipe that collapsed and had to be repaired. The city and contractor disagree regarding the cause of this failure and, as events unfolded,Jeff Kersey Construction stopped working on the project. This resulted in the city issuing multiple letters, all reviewed by the City Attorney's Office, declaring Jeff Kersey Construction to be in breach of the contract, and stressing the need to return to the site and to the work. The final result of all of these issues was that the city terminated Jeff Kersey Construction's contract, leaving the Main Street portion of the sewer line replacement unfulfilled. Staff explored amending the city's current Intergovernmental Agreement with ODOT for the Main Street/Green Street project to include the remaining sewer work. While ODOT is open to the idea, the inclusion of federal monies on the ODOT project will require a prolonged determination period of two to three week and no guarantee that it will be accepted at the federal level into the Main Street/Green Street contract. This is time and uncertainty that the city cannot afford. This has left the city in a very precarious situation with the work remaining on Main Street. The city still must meet a window for the work that lines up with ODOT's work on the Main Street/Green Street project. If the city does not complete this work within this window, the city would be forced to dig though a portion of newly paved Main Street and patch accordingly once the work on the sewer is complete. This would also cause the businesses in the downtown area to face even longer traffic issues and possible limited access or parking at their establishments. City staff views the potential loss of business for these establishments as a potential emergency and a need to expedite the work. Under Tigard Public Contract Rule 80.010, the city may declare an emergency situation and award a contract without a formal competitive process if certain conditions exist. One of those conditions is if circumstances exist that may create a substantial risk of loss (in this case monetary loss to the businesses on Main Street) that could not have been reasonably foreseen. Staff believes this fits the current situation and is asking the Local Contract Review Board to declare the emergency and authorize a contract with Kodiak Pacific Construction. Conducting a new Invitation to Bid process for this work would add roughly eight (8) to ten (10) weeks to the project's timeframe which would significantly impact the businesses on Main Street as well as the Main Street/Green Street paving work. Under the proposed contract, the work will be completed on a time and materials basis with an anticipated total cost of$329,000 in the Sewer Fund. This takes the total construction costs to roughly $454,000. OTHER ALTERNATIVES The Local Contract Review Board may elect to deny the declaration of an emergency and direct staff to pursue an amendment to the ODOT Intergovernmental Agreement for the work. The Local Contract Review Board may elect to deny the declaration of an emergency and direct staff to issue an Invitation to Bid for the work. The Local Contract Review Board may elect to deny the declaration of an emergency and direct staff to shelve the remaining work for a later time. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION The last time the Local Contract Review Board was presented details on this project was at their February 11, 2014 meeting. Fiscal Impact Cost: $329,000 Budgeted (yes or no): Yes/No Where Budgeted (department/program):Sewer Fund Additional Fiscal Notes: This project was funded in the Sewer Fund's 2013-2014 fiscal year budget (Major Maintenance Program and Sewer Rehabilitation Program) and was also included in the 2014-2018 Capital Improvement Plan for that same fiscal year. The project was anticipated to be completed by June 30, 2014. The total anticipated construction cost for the sewer is now $454,000 of which $125,000 was spent in fiscal year 2013-2014. The city does have sufficient appropriations for the remaining $329,000 for continuing and completing this work in fiscal year 2014-2015. Attachments No file(s)attached AIS-1829 7- Business Meeting Meeting Date: 06/24/2014 Length (in minutes):20 Minutes Agenda Title: Review Comment Cards and Feedback from Council's 5x3x10 Events Submitted By: Carol Krager, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: Information ISSUE Council will review comment cards and notes from their recent "5x3x10" small group meetings with residents. These meetings were held throughout May 2014 and the first week of June. STAFF RECOMMENDATION / ACTION REQUEST Council is being asked to discuss their desired next steps regarding an advisory election following Measure 34-210. Should an advisory election be held in Tigard in November 2014 regarding the city's continued participation in planning for a locally preferred alternative for the Southwest Corridor Plan? KEY FACTS AND INFORMATION SUMMARY Mayor Cook and the City Councilors invited small groups of residents to join a conversation about important issues facing the community.When residents voted to oppose future light rail or bus rapid transit (the election was close& the ballot measure was confusing) in April, each member of Council selected three dates to meet with 10 residents to better understand their thoughts and ask how they felt about high capacity transit, congestion relief,walkability,recreation, economic development and making community connections. The Council believes that all of these topics are interconnected and that the city will thrive when those elements support each other. Residents were contacted individually, through community member reference and via a 5,000-member email list compiled during the last community attitude survey. At the conclusion of each gathering,residents were asked to fill out a short survey on topics. The comments from each of these cards have been compiled and attached to this AIS. A staff member attended each of the small group meetings to record public responses to the questions asked by each Councilor. Those comments have been compiled by topic and attached to this AIS as well. OTHER ALTERNATIVES Council could choose to do nothing or design additional input opportunities for residents. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Council's 5x3x10 meeting dates: Thursday, May 1 @ 6:30—8:30 p.m. @ Symposium - Mayor Cook's Fireside Chat (12345 SW Main St.) Thursday, May 1 @ 7 p.m. —walk with Councilor Woodard - starts at City Hall (activity) Saturday, May 3 @ 10 a.m. join Councilor Snider at Primo Espresso (15981 SW Hall Blvd.) Sunday, May 4 @ 2 p.m. - walk with Councilor Woodard - starts at City Hall (13125 SW Hall Blvd.) Wednesday, May7 @ 6 p.m. .talk with Councilor Snider at Durham Elementary School's PSO Meeting Wednesday, May 7 @ 7 p.m. @ Hudson Plaza Community Room (12950 SW Pacific Hwy,) Wednesday, May 14@ 7 p.m. at Hudson Plaza = CPC) 4b/m Wednesday, May 21 @ 3 p.m. meet Mayor Cook @ Fanno Creek House (13335 SW Hall Blvd.) Wednesday, May 21 @ 7 p.m. at Hudson Plaza = Anti-light rail representatives Saturday, May 24 @ 9 a.m. -walk with Councilor Woodard - starts at City Hall (activity) Monday,June 2 @ 9:30 a.m. - with Councilor Woodard - Summerfield Club House Board Meeting Thursday,June 5 @ 6:30—8:30 @ Symposium- Mayor Cook's Fireside Chat Attachments All Comments by Topic All Comment Card Responses • AgendaQuick02005-2014 Destiny Software Inc.,All Rights Reserved All Comments Compiled from Council's 5x3x10 events - sorted by Topic Area HCT Issues - BRT or LRT? • The March ballot measure was difficult to understand. • Wants ability for citizens to vote on HCT projects because does not want what happened in Clackamas County to happen here. He moved to Tigard because he wanted a suburban lifestyle. Doesn't like high density. Urban development translates to high-priced housing. • Stated a vote on HCT in Tigard would be a valid option. Referred to County Commissioner Duyck's statements; the citizen attendee did not think the county should have veto power over anything in the City of Tigard. Noted his appreciation for these types of meetings. Added that he did not want a higher crime rate, which is associated with HCT. • Noted support for HCT. He believes in expansion. Commented on condition of Hall Blvd. (near Oak Street). His car was damaged because of a large pothole. • In addition sidewalks are needed on much of Hall Blvd There was a brief discussion about the condition of 99W and the efforts to improve the congestion on this highway. • Dissatisfaction was expressed with bus service because it is so slow to get to a destination. There was discussion about dissatisfaction with subsidies to mass transit. Mayor Cook noted that transit is subsidized in almost all instances across the country. • Reasons why people use mass transit were noted;i.e., limited parking downtown especially near cultural venues or sports facilities. Some people are not put off by the slower time and use the opportunity to do work or read. • Some people do not own cars;can't afford them or prefer not to own. • Some people have no interest in owning cars; yet,want to live in a community like Tigard. Tigard does not have comprehensive bus service now. • Developers appear to build without thought to transportation to serve the new developments. • WES ridership has picked up. Problems with limited times of operation for this commuter rail service for people who want to travel later in the day, mid-day or on the weekends. WES has ridership from people who commute from Salem to Portland; they access WES in Wilsonville. • Voted no because he believes planning for the future is necessary. One thing that concerns him is the perception the HCT will bring crime. • Discussion followed on whether a high crime rate can be attributed to HCT. • Density will only get worse. • Even if Tigard does no more building, there is essentially only one major route through town and people moving farther out will be traveling through causing impacts to people living here. • Supports planning in that he anticipates more and more people will be traveling 99W. Planning is needed so we don't have a"desert"of traffic. • Very opposed to light rail. It's a "huge gravy train." Referred to accommodations of bike traffic with lanes devoted to bikers while people in vehicles are slowed down—thinks this is an unbalanced approach. • Wants to see Tigard remain as it is now. Noted concerns about"big money"behind light rail. • Noted she thinks there is a trend in that younger people do not necessarily want to own cars. They want to continue to live in a suburban neighborhood and access mass transit. • Over 50 residents in the bull mountain neighborhoods,most of them did not vote in the March election. • They didn't vote because they thought that the issue had been settled,and did not understand why they were being asked to vote. • I discussed the details of what the SW Corridor plan was, (including improvements to local streets, etc.). When asked about their choice between light rail and rapid bus, the preferences were about 50/50,but only two people said that the didn't want rapid transit. • Is it the WES?What is the bus option? QS explained that there are lots of ways to handle dedicated right of way with buses.) Is this just one step above an express bus?Why is something other than WES needed? I Why are those connections not working? (JS explained that geographically,demographically, we need to move more people to and from jobs and homes.) Discussion:people who love subways love the WES. • The ballot measure restricts building high capacity transit without voter approval. The measure is triggered by a broad set of circumstances. The Council wants to know whetheryou support continuing to plan in the process. Some think a vote is needed to continue with planning. Remind us of the wording. Some recall it was "poorly written,"confusing,with a yes vote meaning no HCT. The group discussed that they would support continuing with investing money in planning even if it took a vote to move a later project forward.The group talked about"the guy on Bond Street"with all the signs on his car. He came door-to-door,gave a dissertation about the measure. He was not ignorant,but implied that without voter approval,LRT might go "right through my yard" and a no vote would allow people no say in how and where HCT would go. What about the fact that we elect our city council and representatives to represent us? QS said that was why the council was checking on the intent of this vote and even if the intent is unclear,determine what people want.) • There is some confusion about whether the plan is or is not to put light rail down 99W. What do people know, if anything, about this? What is the plan? (JS said that none of the alignments are planned for 99W.) Wish 99W could be 6 lanes but I see that would be impossible. Barbur may well be able to have 6 lanes in Portland but the ROW needs there are different. • Prefer a bus version of rapid transit because when riding light rail, they never check fares and on the bus they always check your fare. • Tigard is walkable,bikeable,busable. Where else would you go to find that? • Prefer BRT near triangle • In favor of light rail if located off 99 • Kids today don't have an interest in owning vehicles,are able to get where they want to go with transit and don't want the expense or headache of owning a car • TriMax didn't do an efficient economic study—said they lose$50,000/month and he's sat at the signal and seen only six people riding. • Goes to the downtown post office and a traffic engineer said they could pay taxi fare for everyone to Wilsonville and pay less than what they're wasting • 34-210 questioned the capacity needed for light rail. • Low income housing that looks tacky (used example of N. Interstate glass and steel boxes) —this kind of housing would ruin this town • Bus mall in downtown Portland in the 1970s made it easier to get to town,in favor of the city studying an efficient bus service • LRT—as time goes on,we're never going to see the price of oil go down. One thing we have in abundance is hydroelectric power—the ecological impact of putting more buses on the road isn't a plus. With light rail, he said he'd love to hop on and ride it all the way to work. • In favor of any kind of HCT? Depends on placement—down 99W,not in favor of it • What is BRT? She likes buses that move over to pick up/drop off • Doesn't ride transit, prefers walking and driving. But her kids are more integrated with transit • If I-ICT comes to Tigard and is helpful,would it take away from 99W resources? • (MW) BRT would require ROW and acquisition. Councilor asked if residents would move to a city with more accessible transit?Could lose transit& taxpayer user base in Tigard • Her issue with public transit is that more pet friendly people would ride public transit if they could take their pets • Example—Oregon Humane Society Doggie Dash:TriMet has hours that dogs allowed on transit to get to the event • Prefers being a bus and bike rider. Family has a car but they try not to use it unless they have to. • Since the measure passed, no money can be spent (even planning) for HCT? • Overall concern for how much money was spent to date on planning for something that may never come (CRC example) R ' • Planning money is now in the trash • Don't want to give folks an open ended checkbook • Not knowing where it was going to go was an issue • Not knowing the cost was an issue • Light rail in Clackamas County, the additional crime that it drew to Clackamas Town Center • What does it bring to our neighborhoods? • What does it do to our community once it gets here? • 99%of us think 3 years from now,not 20 years down the road. Someone has got to take this long view, especially in a growing community. • They like it the way it is • But complain about traffic • Like BRT because there is a driver,aka "peace keeper" to avoid crime • Concern about fixed rail,light rail • Interested in moving people • Busses are an option • A lot of concern about light rail • Will need to provide bike access and parking • It was complex measure • That is why voted against the measure. Council is looking out for us. • Don't think people understood all of it • Bull Mountain residents can't vote in Tigard, so were unable to vote on the measure. However, they will be impacted by the decisions that are made here. • Thinking about the 55,000 people in Tigard • Went to the city's meeting where only 70 people attended • Most voices were angry • Don't believe that BRT is seriously being considered as an option,only LRT • Tigard will not slow down progress for whole region,right now we are a cog in the wheel • If you can address concerns i.e. safety, route, mode, cost, etc. people will feel better o You will get consensus and that is where people want to get to o Transit proximity is important to people on both sides of the age spectrum • Would you be meeting with the public if the vote had been so close the other way? • What does the ballot measure actually say Tigard has to do? • Does the council see any option other than go to a vote? • Does the region have any experience with BRT? • Would we need to install new tracks for light rail? • How does enhanced bus service serve light rail? • What happened in Portland-Milwaukee Light Rail—did the city have to go to voters for local share? • Is Sherwood included in the SW Corridor Plan? • There is a safety perception regarding light rail, people are fearful,would be more acceptable if the safety issue didn't exist. However,voters are not the experts. Let people who know something about it decide. HCT is wrapped into the emotional issue of safety and money. • The level of outside-of-Tigard influence surprised his wife,how heated the debate was. HCT is a good deal for future people;people want transportation options, think about our kids and our kids'kids,many in the future will use it;many young people would rather go on light rail than drive. • What's the benefit of HCT over WES? • Personally don't see the danger or safety issues of MAX. Light rail connects to more quicker and better access than bus, better to airport and sporting events. I don't think about taking the bus but I would take light rail. MAX through NE Portland was difficult,so adjacent secure parking is needed. • • Communication about the ballot measure was really bad—because of doorbelling messages,everyone thought it would come down 99W which brings up a NIMBY issue. • Back to ballot measure follow up. What was the money source of the "yes"vote?The meaning of a yes vote and no vote was unclear. BRT may be a better choice, easier to communicate about bus traffic and how it can connect with the transportation system and MAX. Concerns about crime in Gresham as it affects MAX seem to overshadow everything else Don't build a barrier where "tracks" divide the city. Elevated alignment can work. • Attendee said he was pleased the council won't bury their head in the sand,need to plan and continue being part of developing an option. Necessary expense for our kids to create a viable,vital place • From my perspective as a co-petitioner of vote-Wish we would have gotten a more clear outcome, some of the wording may cause question. Our objective was to give citizens the chance to say yes or no on rail without it being rammed down our throat • Input opportunities are disingenuous • Metro meetings are more of a puppet show. Went to a Metro meeting, didn't care about citizen input • Don't really listen to the people. We said no, and we are still here talking about it • Because we all will share the costs,we should all get a vote • Reasons people signed the petition: Some cost- Some crime - Some"It doesn't go to the right places" - Some don't want light rail, some don't want any HCT -This effort does nothing to relieve congestion • I live in suburbs for a reason - Not looking for an urban experience - multistory housing or rail • The city will not grow,people will not want to live here • If you want to ride the train, move to Portland • Tigard can be affluent,low crime,good schools, etc. • Houston has no zoning whatsoever and it is a beautiful city—property values are very low and affordable • We all know that it is light rail -There is a foregone conclusion that light rail is coming • They were considering 2 lanes down the center of Pacific I lighway,or elevated rail • Portland is a light rail city • BRT is only the worst case option, it doesn't bring the big federal dollars o Big money comes from big projects • Busses are more flexible than light rail • Wherever it goes it takes capacity away • Political manipulation to add BRT • People don't ride transit - I've never used mass transit • People don't ride the Hall/Durham Bus • The bus north of Bonita backs up traffic • Only 4%offloading in Tigard • Doesn't address primary circulation—it doesn't go where it needs to go • Takes too long to get where you need to go • Make improvements to current system -Spend money on bus pullouts • Build more rain shelters at bus stops • There are concerns about cost-Tax payer total is about $3 billion • Life of light rail is 30 years; then needs replacing • That is over 8 million per month • My experience is from managing a factory, I look at dollars on capital return • Every time they dig in the ground the cost doubles • Tunnel from London to England is less expensive • No one on City Council asked petitioners: What is your input?What do you want?We put a lot of time into gathering signatures • We can assure you that if light rail goes for a vote, the people will say no. • People against measure had more money,and slandered our campaign • I helped John Cook get elected,am now disappointed. He confused people - Stood in front of church with a flyer • Generation Y Cityscape article: there will still be 20-30 year olds who want a yard,dog, etc. • If Tigard City Council passes spending $375,000 for further study of light rail,we will be there with pitchforks and torches • That is a game changer • This is out of hand • Will make national news • Will hijack neighbors voice in the election • There should not be a decision to move forward with planning • If you are going to spend this money, please put it on the ballot • Let's make it a really clear vote • What steps is City Council taking to oppose high capacity transit? • What is your plan to oppose I ICT? • The measure requires the city to oppose FICT as a policy • Councilor Buehner's measure was just to confuse people • If Tigard must commit resources to plan we have to vote on that planning. You know the number of hours it may take and money Metro needs.The people should vote on this. • Would that vote cost the $60,000 it cost as in the last election? • If we are not part of the planning process it will happen without us. Tigard cannot stop the need for transit. If we just let the state or Metro do it without us,we will reap what we sow. • Look at the bigger picture. Government planning did not work when airplanes were developed. The Wright brothers could not get government funding and had to go to the private sector. The airplane funded by the United States government failed to fly. The future of transportation is in cars that drive themselves on a rail system, so Grandma doesn't have to get out and stand at a light rail station and be vulnerable to an attack. The people of Tigard are saying that you should get someone to develop something and sell it to you; then you can sell it to us. • The only railroad that survived the depression was the one that got no government funding. • Council is a group of wise people,but they are robbing themselves of the intelligence of the entire city when decisions are made on future mass transit. • I want to clear the deck of campaign season untruths. It was said that Tigard deliberately selected an election with low turnout and that simply was not the case.Tigard has a small window of opportunity for initiatives (90 days) and it has to be placed on the next election date. The people working on the initiative did not care when the election date was. But I want to remind you that the previous year,when the city put their measure on, the city spent$53,000 to put it on the ballot for November. There were many vitriolic exchanges during the campaign that should now be "water under the bridge." The city must face that King City passed a similar measure and Tualatin is going to pass one. You would think that the city would take advantage of the upcoming November election and put a simple measure on the ballot to request voter approval of their$350,000 EIS share. • There is much evidence that this is entirely about light rail. There have been recent discussions about structures over Bridgeport Village and TriMet has purchased land along Barbur Blvd., identified under the line item of"future Light Rail Station." The people who want the vote are not going to go away and it will only "turn back to nasty" if there is resistance from the city to get an up or down vote and live with the results. • A result of 51-for and 49-against, with 37 percent voter turnout is meaningless. You don't know what people want. What you are doing is the right process because you don't know anything (from the vote). People were confused. • The charter was changed; this is not subjective. • Is the goal to bring light rail to Tigard? Don't we already have light rail? • Who is on the SW Corridor planning team? • Make an HOV lane down 99W. • Is the money being diverted from street maintenance towards this investment? • Is there any talk about putting in a SW bypass? • The I-5/99W connector has been obstructed by political might and was delayed in preference to the SW Corridor transit. The connector would be more helpful. • Light Rail along I-5 cannot possibly reduce traffic on 99W. • We treat this as if Portland is Mecca. But Tualatin and Dundee are getting big (as destinations). • Attended a charrette in King City and everyone there was in full agreement that what we need is more time to cross 99W. Yet we heard about bio-swales to cool the rainwater before it gets to the Tualatin. They want trees planted but we will have to take care of them. Do we need federally mandated environmental plans? Doesn't the state have their own regulations? • Don't put down rails because they are inflexible. Roes not trust Triplet management. • WES did not revitalize downtown Tigard. • I don't know why we are saying that planning cannot take place. • You said the planning can be continued. You can plan. Don't you think it is insulting to go back to the voters? • It is ridiculous that we have to say, "We are against high capacity transit." • Are you planning to bring light rail into Tigard? • I want the elected officials to do the voting. We need a plan in place and the existence of such does not require us to act. • The City of Tigard undertook a planning effort to improve traffic on Highway 217. Tigard and Washington County provided money to the state to improve the flow of traffic. If the city can do this, they can do other planning. The city attorney agreed that Tigard can plan. • Going to another vote is dangerous. Voters could think that the City of Tigard won't,"Do what we want." • I wouldn't oppose another vote, but this is why we elect a city council and pay our planners. I have faith in my current council. I prefer that we put information in front of the community to let them know the truth and ask them, "Are you opposed to HCT? Do you want the city to say we are against HCT?" I think the result of that vote would be different. • Do the planning. Then put the plan and the cost to a vote. Add three words to the letters the city is required to send so they read, "We are against high-capacity transit,without a vote." • Governments have to take risks. Are we going to have legal issues if we plan? Are our actions defensible? If we go to a vote it shows no confidence in what two mayors and the city attorney said.Why slap the voters if the face with another vote? • It is time for the elected officials to exercise leadership and do what is right. If Tigard puts a vote on the fall ballot you are saying you don't trust the council and staff. • Is this part of what was voted on in Clackamas?Are the same people involved? Isn't this showing their true motive? • 'Their motives are to stop transit. Let the people of Tigard show them for what they are. Have a clean effort that shows the options and asks what people want the city to do. • The world is changing. City officials have to pay attention and planning is the cost of doing businesses. If we don't plan we are lobotomizing the city. I understand we get to vote on a plan. But without a plan,it is intellectually vacuous. • People are getting tired of taxes because they are not getting their money's worth. • Did the group at the Town Hall say the EIS cost had to go to a vote? If it doesn't will they sue? Did the city attorney say it is defensible to plan? • Planning is essential but it sounds like there is reluctance on your part. You are the mayor. Step up and push back! Congestion Relief • Traffic congestion is terrible on 99W. They see the difference that the GreenburgiMainlHall improvements made. They are all looking forward to the improvements on McDonald/Gaarde intersection. However, congestion, particularly from the King City area to 217 is still really bad. • Current bus service is totally inadequate and too slow. Tigard needs a solution. • It would be ridicules to create a dedicated bus lane on 99W. Having a large station with substantial parking in the triangle would be really helpful. Without any rapid transit to south Tigard, a regular shuttle from near King City to the triangle station (or downtown station) would be critical for success. Bull mountain/Summerfield area residents are constantly complaining about the dearth of bus service. Either residents would need to drive to the triangle and park, or drive to a shuttle near King City (WITI I A PARKING STRUCTURE FOR DAYLONG PARKING) to accommodate those drivers.Then there would be a reasonable method for south Tigard residents to use rapid transit. • Believes that articulated buses could solve the problem • Can't visit businesses from Durham to 72"`' because congestion is so bad. He's retired now and has to go to downtown Portland twice a month for appointments and dreads the drive • City should turn 72" into a One Way going south,at 68`h change to One Way, the other direction, then pedestrians only have to cross two lanes of traffic instead of 5 • Congestion is terrible —starts at Tualatin and goes thru the city • Does recent signal modulation help traflie?I haven't noticed. I avoid 99W • HCT,light rail transit would be great,plus in theory, you can expand it more easily, make it go more places, add tracks, add cars,more than extending streets, such as to Salem. Opportunity for better connections with LRT. Also fossil-fuel wise, for pollution, LRT is better. OS explained that LRT carries more people than buses —300 vs 70). One person expressed confusion about why people were opposed to it. • Favors plans in place years ago that cut off access of the businesses along 99W to reduce hold-ups. Said city should gain right-of-way along 99W for dedicated bus in a lane • It's not faster to drive—you have traffic, finding a parking spot,issues that are not a time savings • Most traffic isn't from Tigard residents, it's everyone else who drives thru the city or works here • People would take downtown to get around tie-up on 99W • Traffic along Hall is bumper to bumper and takes away capacity—jams everything and drivers can't get anywhere • Traffic is number one problem • Upset when he learned that O1)O T would cut off access to coffee shop owned by his friend in Joann's plaza • Would like light rail that goes all the way to Salem • Would like to be car-free because city is walkable, busable, bikable • Yes,we have a problem. Some friends are car-centric and she knows there's got to be an answer to Pacific Hwy. • Westside Bypass - Only advancement we've seen in last 50 years is 1-Iwy 217 • What we need is a bypass—and we can get it for free (toll road) • Take out die traffic that doesn't even want to go here • The needs of the younger generations are truly different • Part of it is society: we don't address the reasons that crime starts • Folks will take the path of least resistance to get what they want • LRT had recent service disruptions during the snow storm • Bus has more flexibility • As needs and demographics change you can change the route of a bus • WES is really nice to ride • Takes too long, doesn't save me any time Economic Development • When asked about the impact of transportation on bringing business to Tigard, they said of course it is critical. Only the areas around Washington Square and the triangle have reasonable access. Other areas are hard to reach. That discourages businesses to locate nearer to residents. • Economic Development: do you see a connection between an efficient transportation system and a healthy business community? Yes. But in this economy,people will take jobs anywhere they can get them. More shopping means more consumers. 99W is definitely a barrier. It is too hard to get around. 'That is already changing with the traffic changes in the Triangle at 72nd and Dartmouth. If you want people to come, make it easier to be there. (IS outlined how the city was taking advantage of the Walmart development to make transportation improvements at those intersections.) When you talk about walkability and biking, maybe fmd ways to make young people getting around on bikes less vulnerable. As long as walkability includes non-motorized vehicles such as scooters and bicycles, and young people to walk around in groups,which they do, that is good. (IS:what can city departments do to encourage this?library? Police?) The library is already great—there is a Sesame Donuts and we bike there. Maybe have satellite recreation centers on trails or connect trails to the community center. Have Tai Chi classes at Cook Park. • Problem with Tigard is that Walmart/big box was snuck in on residents • Council is considering addressing further big box restrictions-perhaps with siting rules. • Walmart is in direct competition with Winco, Dave agreed that Winco treats their employees a lot better— many employees are millionaires in pension. • Triangle is ripe for plaza space—MW'explained that city-activated pnblic recreation space activates economic development, explained fntnesr pamourr, looking,for pnrhlic ideas to connect to the rest of Council • European building trends are similar to what's being discussed for River Terrace • Neither man in favor of junky looking low income housing that's cheap to build • In favor of a mix of low and high income housing • Would like to see that in the triangle so that we can keep jobs and housing here so that people who don't live here don't work here. Imagine the traffic improvements with 8,000 less people driving to the triangle every day. Really like vertical housing as long as it wasn't too tall. • Bottom floor retail, 2"J floor offices, 3rd floor housing—downtown Vancouver is amazing • If some version of transit came thru Tigard,would love to use transit as a quick ride to avoid traffic and connect with friends and family for community events. • Bring services to Tigard that people want • Don't bring big name stores downtown—could get that anywhere. (Ex. Fisherman's Marine is where she goes for big-ticket items because they'd probably be cheaper.) • Connection between transit& healthy economy? Heck ya!Think of Multnomah Village. Friends live within walking distance, house prices thru the roof because people want to live near those services/activities. • Visiting the businesses on Multnomah-Traffic crawls thru there,but it doesn't stop anyone from visiting and nobody complains. It's the businesses. You have to have places people want to get to. • Tigard is doing a lot now • Trying to deal with 99W • "Agree the city had come a l000000ng way." • Lived in Bull Mountain for 30 years,been talking to the city for the last 25 about the same things, but the last five years have been different. • Economic development. You know when you are in the center of LO.Where is the center of Tigard? Need to have stability to support the city, recreation and transportation - they are all interconnected, pretty related, all in synch but have to prioritize;transportation first, then development will happen. • When I think of Tigard, I don't think of a city, there is no downtown,no center to it, all those roads run through it. I know where Wilsonville is, center of LO, and Burnham and Commercial are good. Conclusion was that Main Street is great,but getting there is hard,because traffic on 99W is awful. • Tigard does not need the finest version (i.e. I.ake Oswego),good is good enough • I would like to see economic growth • Would add to my commute • Most Tigard residents use back roads as a means of transportation. In the Triangle,WalMart will really affect circulation around the city. Some thought there should be limitations to big box. Councilor Woodard asked should council change that, discuss limits? Summerfield-we choose not to go downtown because of parking,99W is impossible after 2:30 p.m. so we avoid or plan our day around it. For those who work, the commute corridor is important-improve that. • Citizen's ongoing plea: congestion • The city has a log of projects on the books that don't make sense: • 4-5 lanes on Hall Blvd,which will tear up sidewalks • Busses traveling down people's back yards • WES isn't widely used and the noise upsets a lot of people • Sattler and Hall Blvd. is a horrible location for a transit Center • The City is flat broke. Asked for money for a clock tower. • We had to raise PGE fees to hire back resources • What has the city done with the money it has to fix congestion? • Kenny Asher is now working for the city of Tigard. He helped hijack the vote in Milwaukie • I'm personally not against transit, but this transit is not a solution to our problem • Don't want a hub and spoke system • John Charles should be used as a resource as the city moves forward. Spends a lot of time on public transit. Should have him speak. Cascade Policy Institute 2 minute DVD • Young people don't drive as much as we do • Driving has been a status symbol;will that continue to be true?Probably,due to advertising, etc. (Transit systems don't have the resources to invest in advertising) • River Terrace will bring a flow of money to the City of Tigard • Tigard is on the brink - Low income apartments, brings more problems • More strain on teachers o Low income kids don't get the attention at home • With more families in poverty,our schools will decline Downtown: - - • What is happening? • Main Street/Green Street is creating more congestion • Would like something to bring more people downtown,loves to shop local and supports the farmers market • Old beer/wine gift shop—what will happen to coffee shop if converts to small restaurant?Would like to see affordable fare with options. • Likes gift shop and food kiosks —would walk downtown just for something like that. • Keep businesses simple—likes to sit outside with dogs and people watch,would like music/wi-fi • Sad to see A-Boy go. Service was close to her home,but not convenient for most people. • Really would like to see an ice cream shop • Starbucks. Love to stop with the dogs and take a break. • Would like to have a downtown that is more inhabitable,but the construction gives her hope. • Day labor place,drive axle—not a service she would use. Attracts a "different" crowd • A different quality of businesses downtown would bring life to downtown • Options—want more things to do downtown than just Max's brew pub • Need to give people a reason to come downtown—examples: kiosks,voodoo donuts van, Mississippi pizza. • Tigard has better accessibility and outside traffic circulation but lacks a good downtown • "If the bike shop was someplace I would go into—right now, I would never go in there because it creeps me out" • A good example—"look at the liquor store—If we need a bottle of tequila, I will come down here." • "Look at this street—its empty! But look at Multnomah at this same time of day—it's packed because they have restaurants (Marco's, O'Conner's,Fat City Burgers) and a book store,a card shop, jewelry store, yarn shop. There are attractive, family-owned businesses that I want to use. Fishing/tackle shop— this business is fine— this whole section (waves to drive axle, embroidery shop,nail shop,bike shop) can be razed. Looks dirty" • (MW)explains downtown facade improvement ptvgram"Yah,but even if you put a nice façade on those places,it's still not going to do it." • When Cross-Fit business came to downtown, thought it was great...then the cigarette business came in next door and (gestures with shrug and hands up "meh") • Tigard is a weird mix and not in a good way • Symposium Coffee-She thinks that's a great fit for downtown. • Graffiti on Main St. —and they're dealing drugs. Can we get camera in the trail head areas? (Mir)Marc encouraged her to call police non-emergency when graffiti is sighted, be persistent • Can start to see changes in Downtown Tigard • City needs a place for music—coming to downtown for farmer's market is great,would love to have year round events and in the downtown, things that draw people to the city. • Halloween—hugely successful in downtown. Love Trick Or Treat Main Street and if you have events like that,people will come and they won't mind the traffic. • Talked about destination services & businesses. It's all about destinations. Walkability, Community Connections • Ialkability and the eity's rision, including community connections. What do.you think about this?Is this direction the most important one fir the city to take? Where doyouu walk and what doyouu want to connect to? This vision has a great connection with IICI", including taking cars off the road. Don't like to walk on Bonita now, it is such a busy street. I don't want to walk on 99W—why would I want to do that? Durham, Boones, are "banana bonkers" for trying to walk on them. 81st has no sidewalks, or major gaps,with a few hundred feet of sidewalk and then none. It's not consistent based on who developed the houses, and my kids and I feel safer on the sidewalk. We would walk more places if there were more sidewalks. If you are taking scooters and bikes, it is very important to have sidewalks if you want to have those with kids walk more. • Interconnection and walkability,where is the center of Tigard that we are talking about? Getting around where?There is not a good sidewalk on Hall to get to the library. And Fanno Creek Trail connection to Library is not very safe. We like biking on the trail, but not walking. From the library to Main St. in Tigard, the trail does not seem very safe—low lighting, creepy people, crazy dip-turns for bikes,it would be much better if there were more hubs along the way. We have businesses and industry here, and our neighborhood cared about what Elmo Studds would become. If it is to be a bouldering gym, could there be a coffee shop and a pool there too?We don't really thing about walking unless there are shortcuts and trails (like Sunriver); there need to be ways to engage people along the way. • City should look at bike licensing for trail development • Connectivity solution? Sidewalks, sidewalks • I read through the SW Corridor Plan -Every little walking trail and street improvements are included • Kids have to walk on bike lanes and road, city should focus on trails surrounding triangle, developing short cuts to improve connectivity • City has lots of areas (Twality Elementary) where there are no sidewalks at all. When you can change that, you make Tigard more livable. Dave used to run every day but speeding cars and no sidewalks made it too dangerous. Now he uses treadmill • City needs to look at new fees —can't rely on a road tax when millennia's don't have cars • Areas around McDonald that are already developed— and don't have sidewalks. Does that mean they never will? City can't go back and make developers from 80s put in sidewalks.MW.•city will put resources into the most critical needs • Look at the Pearl. They live/work/play in the same 10-block radius and they're good with that because all the services they want are there. • People who want to visit a city park today have to get in their car and drive to a park. His biggest issue with Walmart wasn't that they are building here;it's that they've taken the last big open space that could have been used for a track or gym—public recreation land. So much public opportunity was lost for something that could have been great. • Look at Cook Park—need something like that closer to the center of the city • I think I can walk almost anywhere I need to in Tigard. Was excited when H Mart came in,but can't do all my shopping there. It's very specialty. Need an all-purpose store • Wish Trader Joes was closer— Bonita is a less friendly walk • Currently drive a `loop' for groceries—Winco, Costco. Freddy's,New Seasons • Love BiMart for staples and friendly staff. Easy to walk to. • Rides her bike more than she walks. • On her early morning commute, "I'll ride my bike on Pacific Hwy rather than the Fanno Creek Trail system because I don't feel safe (gestures to path in front of them) —see how this shrubbery is blocking the view of what's ahead? People can lurk around over-grown bushes, there's no lighting on most of the trail." • Afternoon is better because of light. • Trail `campers/homeless' are fewer,and she appreciates it. • Also need a Bike n' Hike shop (like Beaverton's) not a big chain,but a local/Oregon chain with great service. Big Box will just make Tigard generic. We need some unique businesses. • "Over the last 32 years a lot has changed,but in many ways...not. We still don't have a good gym, basic facilities that draw families—YMCA, Zoom-Care, Bike shop (that's not creepy)", Sip Divine-with guitar music, small bands,antique/small artists shop, Lake Oswego's specialty salt shop • Urged Tigard Council to study what cute, successful places have going for them and apply it to Tigard, which has better accessibility and connectivity. • "How can the city incentivize the `icky'businesses to get out so more desirable businesses can come in?" • You have to study Multnomah Village, Mississippi Ave.,you go to these places and you have options that we lack in Tigard. You don't have to drive,but if you do there's parking in surrounding areas. • Vancouver's Esther Short Plaza is magnet for activities and music on Sunday's • City needs a town square of plaza with playground, music and something to draw public together • Trail improvements —ask Frontier to move and replace creosote smell with something aesthetic. Move industrial out,merchants and services in • MW asked where we should invest public dollars —both said public partnerships important-can we trade property elsewhere in the city for relocating businesses? Verizon property could be a good investment for public dollars—maybe a shared space? • Not sure how city government works,but in high school in California,city services shared sites with businesses so that it served both entities. Property trades? • Logging industry does that all the time. City needs to decide where they want an industry and then searches out the businesses. MW: could be a strategic opportunity. • City needs a trail that goes all the way around Tigard Triangle,benefits users and connects theater users and home • Likes North Dakota St near her house,but missing sections of sidewalk make it harder to get around. • Likes the new sidewalk/trail section by the bike shop • Dislikes walking on the street 'Johnson St.) until she can get back into Fanno Creek trail/parks • Likes coming downtown in early evenings if stores stayed open a little later,had things to do after eating • Would love lighting along some of the pathways,near parking lots—Example used was Tualatin Skatepark — lit up bright as day while Cook Park and trails are pitch black for walkers and bike commuters. • Some walkways/paths are overgrown —would walk areas more when lighting is available or brush is cut back so not as scary • Encourage better crosswalk service —people don't stop for pedestrians • Complete Fanno Creek Trail • Get the power line trail done • Open trail from Mistletoe to Sunrise Park (paved road under blackberries) • Sidewalks - make commitment to have sidewalks for the entire length of 99W through the city • Commitment to install sidewalks on all streets within a few blocks of schools • Make sure there is sidewalk at all tri-met bus stops • Would like to see a paved path around the "lake" at one end of Cook Park. Currently can only go 3/4 of the way around it. Needs 4`h leg from behind CWS to the Tualatin/Durham park entry. • Vision for Tigard - trails and sidewalks are important -not many ride bikes. Getting to the library is important, missing links on I-fall and McDonald for sidewalks,need to hook up trails to walk and bike to Tualatin. Riding on Hall Blvd is not safe. Looking to connect trails. Also we want to connect to Cook Park, Bridgeport, Lower Boones Ferry and sidewalks. The Durham Rd improvement is great.There is a safety problem NB on 99W from Royalty Parkway with bus stops and people who walk across the street. I (resident) would walk to Goodwill or church from my house,but really need to improve safety there. What is the timing for ODOT to improve this? • The city council allows fishing in Summerlake Park. This has depleted the lake of fish which leads to more mosquitos. • Pathways create crime. Criminals can use paths to easily leave the area and meld into the population. • Dead ends are good because they leave no egress for criminals in cars. • I lived in SE Portland years ago and there was more interaction between neighbors because of the sidewalks. It is different in Tigard because of the lack of sidewalks. • The city should concentrate more on the older areas of Tigard than on the Tigard Triangle. Build up downtown Tigard instead. • Uses the trails to go to the library and the post office. Likes not having to ride a bike on the road. • Would like a trail going al] the way to Cook Park. • I like not having sidewalks. We chose our neighborhood because of the rural feel. Not having sidewalks has not meant fewer interactions with neighbors. We just stand in the street as our road has light car traffic. • Likes to see rainwater go right into the soil rather than running down concrete sidewalks. • Sidewalks are OK for new neighborhoods where the streets are built wide enough but adding them to existing streets may cut into people's property too much. • Be careful when making the downtown community. You may not be able to draw enough people to the downtown. Ask if the investments made will work. • There are limitations and putting sidewalks everywhere is unaffordable. Concentrate only where there is a lot of traffic, such as Walnut Street or McDonald Street. • We will not move from a car-oriented society. • I was not advocating putting sidewalks in everyone's yard. Just put them where they are needed for school and safety reasons. • Thanks to the City of Tigard for stop signs and speed humps installation on 110th Avenue. • Is there a plan for bike paths to connect with the Tigard Street Trail? • This is a nice vision for Tigard. • Experience from real estate: people want to live where they can walk, bike, take transit o This is why the eastside is booming right now Recreation • Read that city bought this building (gestures to Ferguson plumbing) —what are we going to do with it?Tear it down? For what? What about putting indoor tennis courts,Concerned about location for track • Just one recreational opportunity you wish was in Tigard that you don't have now? Water park, splash pad, outdoor opportunity for kids to be in water. Recreational center. Outdoor play station water pad,like Beaverton area by the library or Jameson Park in Portland. Community educational classes for kids like the YMCA or THPRD offers. Portland and Beaverton are expensive. Programs, athletic and educational,like at the SW Community Center. We have nice parks. Smaller, family owned food places, not chains that are the cornerstone of places to meet. • Tigard needs a sports complex in or near triangle • Elmo Studds site is becoming a rock climbing facility • Develop current park space into recreation complex with indoor tennis courts • City is disjointed —no cohesive feature • Solar lighting on paths would improve safety, Dave wouldn't want his daughter using the Fanno Creek Trail at dusk,but also doesn't want to see greenery cut down • Expand police presence to bicycle patrols of Fanno Creek Trail • Need things for kids to do • Recreation program for who? • I'm not a user,but maybe grandkids would like it. • She likes having activities for kids. • Do residents have to ask for this or will it get advertised somewhere? • Likes the idea of city offering activities that encourage residents to get outside • Could we do an indoor mountain biking facility?Attracts year-round participants • Liked Family Fest,why can't we do community events like that? She would pay to participate • Mini-greenways (like behind City Hall) are perfect for easy access and small-group/neighborhood movie showing in the summer • Love idea of exercise equipment along park trails —even with her dog she could use it • A mountain bike park! BMX/dirt bike—used to do short-track mountain biking at PIR. • Shared example at Farmington Road in Beaverton. • Needs to be bigger than Tigard's skate park—something with trails or a loop. New parkland on Bull Mountain?Trail on the outside for BIViX - open trail space site near a playground and make it like a bicycle playground for all ages. • Always wondered what's stopping Tigard from having a rec program like THPRD • Recreation — needs include pickle ball,bocce ball. There are lots of onsite recreation opportunities already in Summerfield. Other needs include winter swimming. Pickleball is not a joke - it's a fastest growing sport. What about the scope of recreation. Seems like there are not enough little league or soccer fields, also an area of need. Everyone likes walking trails it stimulates people to move,make Fanno Creek Trail a focus, to encourage more physical activity. Green spaces are important,including for the Triangle. Should we have turf fields at Cook Park? Lacrosse is really big now,THPRD and LO have turf fields and you need multiple fields to have a tournament. This is a big deal for economic development because 34 teams show up and it's good for the local economy. • Likes the partnerships between the pools and the schools • She would be happy with anything, as long as options are available. • I have been involved in developing visions statements in the past. It is hard to keep them under ten paragraphs. You did a good job. This works for me. But does the city need one? • This is a good statement because it relates to transportation. We need to look at the future and how transit can benefit citizens and businesses. They need transportation choices. Focus on walkability and alternatives to cars. This leads to a better quality of life. People will be healthier. • i • A recent trail project included connectivity but the potential is dim because of the city deeded the grassy right of way area to a homeowner in order to avoid liability. Now we do not have a means to get this connection without a legal fight. Some connectivity is difficult because of'l'igard's geology. • Remember that the City of Tigard went to the Supreme Court regarding land takings. • Where are the public plazas? • Exchange the word "walkability"with "bike-ability" • What does this strategic plan do to streets, bike paths and other priorities? Property owners used to be required to take care of their own sidewalks. LID's assigned charges to owners but the business of sidewalks has evolved so now I have to pay for sidewalks again. I live in a subdivision and I paid for my sidewalk. I'm all for more but don't want to pay for miles of new sidewalks. • Will any of the sidewalk projects in the upcoming year be paid for through LID's? • There is a problem on 72nd Avenue because large semi-trucks pulling out onto 72nd from Lowe's drive over the sidewalk and curbs,ignoring traffic cones. • Notice that Hillsboro doesn't have the same problems, and they spend more on activities and parks to serve youth literal Comment: • 1 las lived in Tigard 32 years • Walking with Council is a great idea! • When are we hooking up water to Lake Oswego?Got another boil water notice,wants to distance • our use of Portland service • Portland missed the boat when they didn't license bikes. • Media Attention—Negative attitudes toward government spending • The way some of this stuff gets out (CRC and Portland Water example) makes folks think the funds are being misused. • We elect Council to make these decisions for us • Trouble is when someone is trying to leave a legacy and ego gets in the way. • There are no easy decisions here • City permitting process - Friend on Durham who wants to divide property but the city is requiring that he give the city a bunch of his land • Heard him tell the story several times • Don't know the details,but these things get around to other folks • Tigard must overcome why there is cynicism—from other examples in the region- Examples: Cover Oregon, CRC. People don't like government and bureaucracy— the government doesn't always know best • Reminiscent of the Bull Mountain Vote -Annexation and Incorporation failed. "It's eventually going to happen folks."The density is coming and we have no other transportation plan • Concern for how we can work together- How do we meet in the middle? - How are we going to get to some place where we can plan for future generations? If everyone would act in that way,it would be better • People don't get involved unless their dog is in the fight • Everyone benefits when the community is involved • If we can get together we'll get a lot more done • Clackamas County stats show that calls for crime increased after the light rail line to Clackamas Town Center was installed from 32% to 52% • Fareless square was a homeless hotel • Busses don't have same problem • Gangs are frightening • Crime will impact property values • There was the same concern when the freeway system was built • Gresham and Clackamas County know that they have a problem • Comments compiled from cards filled out by residents at conclusion of5x3x10 events Text on card for handout: On March 11 Tigard voterc approved ballot measure 34-210 which would have the'rb'oppose,future light rail or bus rapid transit without a vote. Question & Res.onses: 1. Did you vote on the measure? Yes, I voted - 46 No, I didn't vote —7 Not allowed to vote/live outside Tigard — 4 2. Did you vote yes or no? Voted Yes on measure -- 13 Voted No on measure— 34 Didn't answer this question: 5 Comments: - "drat is private" - "I would bare rued yes but we snowbird? 3. Why did you vote the way you did? - blank/no answer. 6 - I trust the city officials and staff to plan - I want a further say on HCT - No need for it since public has many opportunity for input;works against regional collection; many others - Loss of control by Mayor if passed) - Do not stop studying the system - Because planning has to be done - To keep our options open - I travel down 99W twice every day. I am tired of it taking the same amount of time to get from NE PDX on I-5 as it does to go down 99W - Transit programs almost always are money losers - I voted because this is a project that needs a public vote - Didn't want Tigard's charter to say was against HCT - stupid anti-planning law - new to Tigard, OR - need for traffic congestion - I believe that the public are not trained - transportation trained - Voters need to approve expense - We need I,RT - Elected representatives should be responsible - Too restrictive for elected officials - Let's not slow down the process of moving people - The citizens should determine how our city changes - I would vote for further construction of future light rail - We need to plan now for the future - I am greatly in favor of all mass transit/rapid transit expansion - I believe we must plan for the future - We need planning - Want I ICF - Because it takes a very big tool out of the toolbox when dealing with congestion - I think high capacity transit is needed and important - Common sense—keep Tigard in the planning! - Would like voters to have input - I want light rail HCT - Didn't think it would make a difference - Fiscal issues, and location issues,plus housing/density - Poor PR by City of Tigard - Bus service will handle transportation needs - I want HCT - The city's future depends on mass transit - Because I want rapid transit in Tigard and I am concerned that leaving it to a vote will greatly hinder that - Our community needs to be able to grow smartly without a ballot,don't like to mess with the charter - Continue to study the issues - Would have hamstrung the city in regional planning - I'm German - Distortion of existing traffic - Poor wording and disagreed with their intent - Because I support limitations of government - To give the voters a voice - I felt residents /taxpayers have the right to vote on such a major project 4. Are you in favor of HCT? In Favor of HCT: 41 Opposed to HCT: 8 Undecided/did not answer: 7 a. Do you have a preference for Light Rail Transit (LRT) or Bus Rapid Transit (BRT)? Prefer LRT- 20 Prefer BRT- 9 "prefer bus driver to interact with the riders" No Preference/either is fine or a combination of both - 11 Undecided/did not answer—6 Neither—4 b. If no,why? • 'Light rail represents an unnecessary expense to our community to bear and does not address the primary concern of our residents." • `Concerned that both of these increase congestion and furthermore, Forest Grove, Hillsboro, Tualatin, etc. seem to have greater potential forjobs and shopping mauls",rsici • 'Tigard is suburban, bring LRT or BRT would change Tigard to where it is not a great place to live" • `LRT is inflexible, expensive and disruptive to the area during construction, likely to be prolonged" • "Flexibility in being able to serve the future needs of a community are best served by an approach that also addresses flexibility—bus transportation is far more flexible than fixed-high cyst rail" • 'Tired of govt. spending without approval" • 'Not sure until study is done" • "We don't need to build tracks" 5. The city is developing a strategic plan to provide guidance and direction for the City of Tigard's priorities for the next 20 years. The proposed cornerstone of the plan is the following vision statement: The most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives. Does this statement represent the long-term vision you have for Tigard,or not? Yes - 35 I No - 5 I Not sure/didn't answer- 11 Comments: - It's strange to read a vision on a `walkable community'when discussing I-ICT - Kind of. Would like to address technology in the statement - This will appeal to new (younger) citizens coming to Tigard - Yes&No - Somewhat - Need to think about it - Not really - Not really. Not sure whether this comes from but it does not reflect my vision - I drive to the crockery and Home Depot, not walk. I walk daily for exercise and Tigard is already quite walkable. "Healthy and interconnected lives"have nothing to do with sidewalks, 1-ICT and rail travel. - I like bike trails connected all the way to Cook Park - Come on,what kind of agenda is that for the city—we are a tree city already. - "walkable"is not what I believe is the best word I would use in a place that has rain half of the year - That would be nice - Sure hope sol Love living in Tigard - Mostly. A bit long-winded though. - Very much the way to go - Yes,planning for growth - Yes, it would be more walkable with transit - A lot of older neighborhoods do not have sidewalks though - Yes, but there's a long way to go—many streets still don't have sidewalks (pockets still in Washington County). It is dangerous to walk to Fred Meyer from my house on Ventura Drive. - Quite abstract but generally yes. - Would like to see traffic on Pacific Hwy fixed,moving through more quickly. It is too congested. More sidewalks on side streets. Would like to see certified therapy dogs able to ride bus/MAX as long as they can show proof of status. - Probably,yes. - We already have this, doubling the population on the same amount of land would not make this the most livable community in the Pacific Northwest - Not sure about the walking